The Blackburn with Darwen (Maintained Nursery School Governance) Order 2004
| Jurisdiction | UK Non-devolved |
| Citation | SI 2004/657 |
2004 No. 657
EDUCATION, ENGLAND
The Blackburn with Darwen (Maintained Nursery School Governance) Order 2004
Made 10th March 2004
Laid before Parliament 10th March 2004
Coming into force 31th March 2004
Whereas the Council of the Borough of Blackburn with Darwen acting in its capacity as a local education authority (“the authority”) has, in accordance with section 4(2) of the Education Act 20021(“the Act”), consulted such persons as appear to them to be appropriate;
Whereas it is the opinion of the Secretary of State, having regard to the matters set out in section 1(2) of the Act, that the implementation by the authority of the provisions of this Order may contribute to the raising of educational standards achieved by children in England;
Now, therefore, in exercise of the powers conferred upon the Secretary of State by section 2(1) of the Act, the Secretary of State for Education and Skills, on the application of the authority, makes the following Order:
Citation, commencement and interpretation
1.—(1) This Order may be cited as the Blackburn with Darwen (Maintained Nursery School Governance) Order 2004 and shall come into force on 31st March 2004.
(2) In this Order —
“the 1996 Act” means the Education Act 19962;
“the 1998 Act” means the School Standards and Framework Act 19983;
“the Act” means the Education Act 2002;
“the nursery schools” means the seven maintained nursery schools listed in the Schedule.
Exemption
2. The following provisions shall not, in respect of the nursery schools, apply to the authority:
(a) section 19(1) of the Act (requirement for maintained schools to have a governing body), and
(b) section 20(1) of the Act (requirement for maintained schools to have an instrument of government).
Modification
3. The following provisions shall, in respect of the authority and their responsibilities towards the nursery schools, be modified to the extent provided:
(a) sections 317(1), 317A(1)and 329A(13)(a) of the 1996 Act4(special educational needs) as if the amendments made by paragraphs 39(2), 40 and 44 of Schedule 21 to the Act were not made;
(b) sections 11, 15, 16, 17, 18, and 21 of, and paragraph 1 of Schedule 3 to, the School Inspections Act 19965(school inspections) as if the amendments made by paragraphs 60, 61, 62, 63(a), 64, 65 and 67 of Schedule 21 to the Act were not made;
(c) section 45(1A)6of the 1998 Act (definition of “maintained school” for purposes of budget share), as if paragraph (c) of that subsection were omitted;
(d) sections 61 and 62 of the 1998 Act (school discipline) as if the amendments made by paragraphs 102 and 103 of Schedule 21 to the Act were not made;
(e) section 21(1) of the Act (general conduct of the school) as if the reference to the “school’s governing body” were a reference to the authority;
(f) section 21(2) of the Act (conduct of the school with view to promoting high standards) as if the reference to the “governing body” were a reference to the authority;
(g) section 32(1)(b) of the Act (times of school sessions), as if the reference to the “governing body” were a reference to the authority;
(h) section 52(5)(a) of the Act (pupil exclusion), as if the words “such person or body as may be appointed for that purpose by the authority” were substituted for the words “governing body of the school”;
(i) section 90(3) of the Act (development work and experiments) —
(i) as if the words “with the agreement of the governing body” were omitted from paragraph (b), and
(ii) as if the words “both” and “and the governing...
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