School Standards and Framework Act 1998 (Modification) Regulations 1998
| Jurisdiction | UK Non-devolved |
| Citation | SI 1998/2670 |
| Year | 1998 |
1998 No. 2670
EDUCATION, ENGLAND AND WALES
The School Standards and Framework Act 1998 (Modification) Regulations 1998
Made 30th October 1998
Laid before Parliament 30th October 1998
Coming into force 20th November 1998
In exercise of the powers conferred on the Secretary of State by section 144 of the School Standards and Framework Act 19981, the Secretary of State for Education and Employment, as regards England, and the Secretary of State for Wales, as regards Wales, hereby make the following Regulations:
Citation, commencement and interpretation
1.—(1) These Regulations may be cited as the School Standards and Framework Act 1998 (Modification) Regulations 1998 and shall come into force on 20th November 1998.
(2) In these Regulations–
“the 1996 Act” means the Education Act 19962;
“the 1998 Act” means the School Standards and Framework Act 1998;
“the relevant period” means the period beginning on 1st April 1999 and ending immediately before 1st September 1999.
Obligation to maintain grant-maintained and grant-maintained special schools
2.—(1) Subject to paragraph (2) below, in the relevant period a local education authority shall maintain every grant-maintained and grant-maintained special school situated in their area.
(2) Where an order has been made under section 20(5) of the 1998 Act before 1st April 1999 in respect of a grant-maintained school to the effect that it shall be maintained from the appointed day3by the former maintaining authority rather than the authority in whose area it is situated on the appointed day, then during the relevant period that grant-maintained school shall be maintained by the former maintaining authority referred to in that order rather than the authority in whose area it is situated.
(3) A local education authority’s duty to maintain a grant-maintained or grant-maintained special school includes the duty of defraying all the expenses of maintaining it save that the authority shall have the power but not the duty to meet any such expenses which fall within the meaning of expenditure for capital purposes in section 40 of the Local Government and Housing Act 19894.
(4) For the purposes of these Regulations the expenses of maintaining a grant-maintained or grant-maintained special school include the payment of rates.
(5) References in any enactment to a maintained school or a school maintained by a local education authority (however framed) shall not apply to a grant-maintained or grant-maintained special school unless these Regulations or that enactment so provide and maintenance of a grant-maintained or grant-maintained special school by a local education authority pursuant to this regulation shall not cause that school to cease to be a school of that category and to become a county, voluntary or maintained special school within the meaning of the 1996 Act.
Financing of maintained schools etc.
3.—(1) In relation to the relevant period, section 44(5) and (6) and Chapter IV of Part II of, and Part I and paragraph 6 of Schedule 11 to, the 1998 Act shall apply in relation to–
(a)
(a) county, voluntary, maintained special, grant-maintained and grant-maintained special schools; and
(b)
(b) proposed county, voluntary and maintained special schools,
within the meaning of the 1996 Act, and shall do so with the following modifications.
(2) In section 44(5) references to temporary governing bodies and temporary governors shall include temporary governing bodies and temporary governors as defined in section 181(3) of the 1996 Act.
(3) All references in Chapter IV of Part II of, and Part I of Schedule 11 to, the 1998 Act to maintained schools or schools maintained by a local education authority (however framed) shall be construed as references to county, voluntary, maintained special, grant-maintained and grant-maintained special schools within the meaning of the 1996 Act.
(4) For section 45(3) and (4) there shall be substituted–
“3 In this Chapter–
(a) references, in a context referring to a local education authority or to a county, voluntary, maintained special, grant-maintained or grant-maintained special school (being references so construed in accordance with the School Standards and Framework Act 1998 (Modification) Regulations 1998), shall be read as including a new school–
(i) proposals for the establishment of which have been published under section 35, 41 or 339(1) of the Education Act 1996 but not yet implemented, and
(ii) which has a temporary governing body; and
(b) references to the governing body of a county, voluntary, maintained special, grant-maintained or grant-maintained special school shall accordingly be read as including the temporary governing body of a new school falling within paragraph (a)5.
4 In this Chapter “new school” (without more) means a new school within the meaning of Part II of the Education Act 1996.”.
(5) For section 49(6)(b) there shall be substituted the following paragraph–
“(b)
“(b) (in the case of a voluntary aided or special agreement school within the meaning of the Education Act 1996) to meet expenses payable by the governing body under section 45(1) or 59(2) or (3) of that Act.”.
Grammar school ballots
4. In section 107(5) of the 1998 Act (restriction on publication of material etc...
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