Statutory Instrument 1998 No. 1969

The Education (Allocation of Grant-maintained and Grant-maintained Special Schools to New Categories) Regulations 1998

(The document as of February, 2008)

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STATUTORY INSTRUMENTS

1998 No. 1969

EDUCATION, ENGLAND AND WALES

The Education (Allocation of Grant-maintained and Grant-maintained Special Schools to New Categories) Regulations 1998

	Made	10th August 1998
	Laid before Parliament	12th August 1998
	Coming into force	7th September 1998

In exercise of the powers conferred on the Secretary of State by paragraphs 4, 5, 6, 8 and 10 of Schedule 2 to, and section 138(7) of, the School Standards and Framework Act 1998[1] the Secretary of State for Education and Employment, as respects England, and the Secretary of State for Wales, as respects Wales, hereby make the following Regulations:



PART I
INTRODUCTION
Citation, commencement and application
    1. - (1) These Regulations may be cited as the Education (Allocation of Grant-maintained and Grant-maintained Special Schools to New Categories) Regulations 1998 and shall come into force on 7th September 1998.

    (2) These Regulations apply to grant-maintained and grant-maintained special schools, within the meaning of the Education Act 1996[2], save that regulations 4(1) (to the extent that that paragraph relates to notifying and giving information to the persons referred to in regulation 4(3)(a)) and (2)(c) to (h), 5 to 12, 13(2) and (3), 14(5) and 16(2)(a) do not apply to a grant-maintained special school which is established in a hospital.

Interpretation
    2. - (1) In these Regulations - 

"the Act" means the School Standards and Framework Act 1998;

"the ballot administration company" means Electoral Reform (Ballot Services) Limited;

"the 1994 Regulations" means the Education (Grant-maintained Special Schools) Regulations 1994[3];

"Church school" means a Church of England school, a Church in Wales school or a Roman Catholic Church school;

"electoral list" means a list of names and addresses of registered parents of registered pupils at the school who are eligible to vote in a ballot held pursuant to regulation 8;

"funding authority" means in relation to a school in England, the Funding Agency for Schools[4] and, in relation to a school in Wales, the Secretary of State;

"notice" means notice in writing and references to "notify" and "notification" shall be construed accordingly;

"parental list" means a list of the names and addresses of registered parents of registered pupils at a school produced in accordance with regulation 5;

"registered" means, in the context of registered parents of registered pupils at a school and subject to regulations 6(2) and 9(2), shown in the register kept under section 434 of the Education Act 1996 and the Education (Pupil Registration) Regulations 1995[5]; and

"school" means, unless the context otherwise requires, any grant-maintained or grant-maintained special school within the meaning of the Education Act 1996.

    (2) The words or expression used in these Regulations in the first column in the table below have the meaning given by the statutory provision referred to in the second column of that table:

"appointed day"	section 20(7) of the Act;
"appropriate diocesan authority"	section 142(1) and (4) of the Act;
"Church of England school"	section 142(1) of the Act;
"Church in Wales school"	section 142(1) of the Act;
"final decision"	paragraph 5(4) of Schedule 2 to the Act;
"foundation"	section 21(3) of the Act;
"foundation body"	section 21(4) of the Act;
"indicative allocation"	paragraph 3 of Schedule 2 to the Act;
"parent"	section 576 of the Education Act 1996;
"promoters"	section 212(1) of the Education Act 1996;
"preliminary decision"	paragraph 4(1) of Schedule 2 to the Act;
"Roman Catholic Church school"	section 142(1) of the Act;
"school day"	section 579(1) of the Education Act 1996;
"transfer agreement"	paragraph 4(4) or 7(4), as the case may be, of Schedule 21 to the Act.

    (3) Notwithstanding any provision of the instrument of government for a grant-maintained school (made pursuant to Chapter IV of Part I of the Education Reform Act 1988[6], Chapter V of Part II of the Education Act 1993[7], or Chapter V of Part III of the Education Act 1996) or for a grant-maintained special school (made pursuant to Part III of the Education Act 1993 or Chapter II of Part IV of the Education Act 1996), in so far as these Regulations make different provision to the instrument of government, these Regulations are to apply instead.

    (4) In these Regulations, unless the context otherwise requires, a reference to a numbered regulation is a reference to a regulation in these Regulations so numbered and any reference to a paragraph is to a paragraph of the regulation in which the reference is made, and any reference to a sub-paragraph is a reference to a sub-paragraph of the paragraph in which the reference is made.

    (5) A failure by any person to discharge any duty under these Regulations within a time limit prescribed by these Regulations shall not relieve such a person of that duty.



PART II
PROCEDURE FOR ALLOCATION TO NEW CATEGORIES
Meetings to take preliminary decision
    3. - (1) The governing body of a school shall take on or before 20th November 1998 a decision (their "preliminary decision") under paragraph 4 of Schedule 2 to the Act on the question whether - 

(a) to accept the school's allocation to a particular category of schools in accordance with the indicative allocation set out in paragraph 3 of Schedule 2 to the Act, or

(b) to opt for it to be allocated to a different category.

    (2) The chairman of the governing body shall direct the clerk to the governing body as to the date for the meeting at which the governing body are to take their preliminary decision and the clerk shall, when convening that meeting, comply with such direction.

    (3) Without prejudice to their obligation under paragraph (1), the governing body of a school may not take their preliminary decision at any meeting unless - 

(a) the clerk to the governing body, has given to every member of the governing body at least five school days notice of the meeting and that notice shall be given together with a copy of the agenda for the meeting which shall include the consideration of the governing body's preliminary decision referred to in paragraph (1) as a specific item of business for the meeting; and

(b) the clerk to the governing body has given at least twenty school days notice of the meeting - 


(i) in the case of a Church school, to the appropriate diocesan authority; and

(ii) in the case of any school where any person holds land on trust for the purposes of the school, to such a person;



and the notice under sub-paragraph (b) shall state that any representations in response to the notice shall be sent to the clerk to the governing body no later than five school days before the date of the meeting.

    (4) The clerk to the governing body shall give to every member of the governing body, at least two school days before the date of the meeting, a copy of any written representations received by him at any time up to five school days before the meeting, in response to the notice given under paragraph (3)(b).

    (5) The governing body shall at the meeting to consider their preliminary decision take into account any representations made in response to the notice given under paragraph (3)(b).

Notification of preliminary decision
    4. - (1) Following the taking of their preliminary decision, the governing body shall, no later than five school days following the date of the meeting at which that decision was taken - 

(a) notify the persons referred to in paragraph (3) of their preliminary decision, and

(b) give the persons referred to in paragraph (3)(a) the information referred to in paragraph (2) and give the persons referred to in paragraph (3)(b) to (d) the information referred to in paragraph (2)(a) and (b).

    (2) The information referred to in paragraph (1) is the following information - 

(a) in the case where the governing body's preliminary decision is to opt for the school to be allocated to a category other than its indicative allocation, the governing body's reasons for their preliminary decision;

(b) the date on which the governing body took their preliminary decision;

(c) that a ballot of parents will be required to be held on the question of the choice of category for the school if a petition from parents is received which meets the requirements of regulation 6;

(d) a statement which sets out regulation 6 of these Regulations or a statement to the like effect;

(e) the number, as determined in accordance with regulation 5(1)(a) and (b), of registered parents of registered pupils at the school required for such parents to be able to obtain a copy of the parental list;

(f) a statement that the only purposes for which the parental list may be obtained are for raising a petition in relation to the choice of category for the school or for circulating information where a ballot is to be held on that question;

(g) a statement that a registered parent of a registered pupil at the school is entitled to have his name and address excluded from the parental list where, no later than the end of the period of ten school days beginning with the date on which the governing body took their preliminary decision, he requests the governing body not to disclose that information; and

(h) the last date by which the petition may be received by the governing body pursuant to regulation 6(5).

    (3) The persons referred to in paragraph (1) are - 

(a) registered parents of registered pupils at the school;

(b) the local education authority for the area in which the school is situated;

(c) in the case of a Church school, the appropriate diocesan authority; and

(d) any person holding land on trust for the purposes of the school.

Parental list
    5. - (1) Where - 

(a) any ten or more registered parents of registered pupils at a school, or (if fewer)

(b) a number of such parents equal to at least 20 per cent. of the number of registered pupils at the school, or

(c) in the case of a Church school, the appropriate diocesan authority.

so request and paragraph (2) applies, the governing body of the school shall, subject to paragraph (4), provide one of those parents (who is nominated by those parents for the purpose) or the appropriate diocesan authority, as the case may be, with a list containing the name and address of every registered parent of a registered pupil at the school.

    (2) This paragraph applies if the request is made for the purpose of - 

(a) raising a petition on the question of the category to which the school should be allocated in accordance with Schedule 2 to the Act and regulation 17, or

(b) circulating information to any registered parent of a registered pupil at the school where a ballot of such parents is required to be held on that question pursuant to regulation 8.

    (3) If a registered parent so requests, the governing body shall inform him of the number of registered pupils at the school.

    (4) The governing body shall not disclose to a parent or the appropriate diocesan authority under paragraph (1) the name and address of any person who has, no later than the end of the period of ten school days beginning with the date on which the governing body took their preliminary decision, requested the governing body not to disclose that information; and accordingly, the name and address of that person shall be excluded from the list there mentioned.

    (5) A governing body who in pursuance of paragraph (1) provide copies of the list there mentioned may charge such fee as they think fit (not exceeding the cost of supply) in respect of each copy so supplied.

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Notes:

[1] 1998 c.31; for the meaning of "prescribed" and "regulations" see section 142(1).back

[2] 1996 c.56.back

[3] S.I. 1994/653, amended by S.I. 1994/1231, 1994/2003 and 1996/111.back

[4] The Funding Agency for Schools was established under section 3 of the Education Act 1993 (c.35), which Act was repealed by Part I of Schedule 38 to the Education Act 1996. Section 20 of that Act provides for the continued existence of the Funding Agency for Schools.back

[5] S.I. 1995/2089, amended by S.I. 1997/2624.back

[6] 1988 c.40; the relevant provisions of Chapter IV of Part I were repealed by sections 303 and 307 of, and Schedule 21 to, the Education Act 1993. The instrument of government continues to have effect by virtue of Schedule 39 to the Education Act 1996.back

[7] 1993 c.35; the Education Act 1993 was repealed by section 582 of, and Schedule 38 to, the Education Act 1996. The instrument of government continues to have effect by virtue of Schedule 39 to the Education Act 1996.back

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