Statutory Instrument 1999 No. 704

The Education (Transition to New Framework) (School Organisation Proposals) Regulations 1999

(The document as of February, 2008)

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STATUTORY INSTRUMENTS

1999 No. 704

EDUCATION, ENGLAND AND WALES

The Education (Transition to New Framework) (School Organisation Proposals) Regulations 1999

	Made	10th March 1999
	Laid before Parliament	11th March 1999
	Coming into force
	Parts I and II	1st April 1999
	Parts III and IV	1st September 1999

ARRANGEMENT OF REGULATIONS

PART I
PRELIMINARY

1.	Citation, commencement and application.

2.	Interpretation

PART II
TRANSITIONAL PROVISIONS CONSEQUENT ON THE COMING INTO FORCE ON 1ST APRIL 1999 OF REPEALS RELATING TO THE FUNCTIONS OF THE FUNDING AUTHORITY

3.	Proposals under section 212 of the 1996 Act.

4.	Proposals under section 260 of the 1996 Act.

5.	Modification of section 262 of the 1996 Act.

6.	Proposals under section 268 of the 1996 Act.

7.	Proposals under section 339 of the 1996 Act.

PART III
TRANSITIONAL PROVISIONS CONSEQUENT ON THE COMING INTO FORCE OF CHAPTER II OF PART II OF THE 1998 ACT (ESTABLISHMENT, ALTERATION OR DISCONTINUANCE OF SCHOOLS)

8.	Approval of proposals published before 1st September 1999 to establish a new school.

9.	Order that a school is to be voluntary controlled or voluntary aided.

10.	Continued application of section 63 of the 1996 Act.

11.	Implementation of proposals to establish a new school.

12.	Implementation of proposals to establish a new school - further provisions.

13.	Temporary governing bodies.

14.	Approval of proposals published before 1st September 1999 to make alterations to, or discontinue a school.

15.	Continued application of section 64 of the 1996 Act.

16.	Implementation of proposals to make alterations to, or discontinue, a school.

17.	Implementation or proposals to make alterations to, or discontinue, a school - further provisions.

18.	Continued application of directions under sections 63 and 64 of the 1996 Act.

19.	Implementation of proposals - supplementary.

20.	Transitional Exemption Orders for the purposes of the Sex Discrimination Act 1975.

PART IV
MODIFICATIONS TO CHAPTER II OF PART II OF THE 1998 ACT UNTIL SCHOOL ORGANISATION PLAN IS APPROVED

21.	Modifications to the 1998 Act.

22.	Transitional provisions when modifications cease to have effect.

Schedule -

Modifications to provisions of Chapter II of Part II of the 1998 Act.

In exercise of the powers conferred on the Secretary of State by sections 144(1) and (2) of, and paragraph 10 of Schedule 2 and paragraph 1 of Schedule 10 to, 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
PRELIMINARY
Citation, commencement and application
1. - (1) These Regulations may be cited as the Education (Transition to New Framework) (School Organisation Proposals) Regulations 1999 and-

(2) Parts II and IV of these Regulations do not apply to local education authorities or schools maintained by (or, in the case of new schools, proposed to be maintained by) local education authorities in Wales.

Interpretation
2. - (1) In these Regulations-

"the 1996 Act" means the Education Act 1996[2];

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

"the 1999 Regulations" means the Education (Transition to New Framework) (New Schools, Groups and Miscellaneous) Regulations 1999[3];

"the plan approval date" in relation to any local education authority means the date on which the first school organisation plan for that authority has been approved under section 26 of the 1998 Act.

    (2) Until 1st September 1999 in the context of a grant-maintained school or grant-maintained special school any reference in these Regulations to the local education authority which maintains or is to maintain the school is a reference to the local education authority for the area in which the school is situated, unless paragraph (3) applies.

    (3) Where however an order has been made under section 20(5) of the 1998 Act in respect of a grant-maintained school to the effect that it shall be maintained from 1st September 1999 by the former maintaining authority rather than the authority in whose area it is situated on 1st September 1999, any reference in these Regulations, in the context of that school to the local education authority which maintains the school is (until 1st September 1999) a reference to the former maintaining authority.

    (4) For the purposes of these regulations proposals are determined where-

as appropriate.

(5) Where these regulations provide for any statutory provision to continue to apply, that provision shall continue to apply in accordance with the relevant provisions of these regulations after the date of the coming into force of the repeal of the statutory provision in question effected by Schedule 31 to the 1998 Act and despite the coming into force of that repeal.

PART II
TRANSITIONAL PROVISIONS CONSEQUENT ON THE COMING INTO FORCE ON 1ST APRIL 1999 OF REPEALS RELATING TO THE FUNCTIONS OF THE FUNDING AUTHORITY
Proposals under section 212 of the 1996 Act
3.Where proposals published under section 212 of the 1996 Act were approved before 1st October 1998 (when the repeal of section 212 of the 1996 Act came into force) sections 215(1), (3) and (4) , 216(1) and 217 of that Act shall continue to apply in relation to such proposals.

Proposals under section 260 of the 1996 Act
4. - (1) Where before 1st April 1999 the funding authority have published proposals under section 260 of the 1996 Act (proposals for change of character etc. to grant-maintained schools by funding authority) which have not been determined before 1st April 1999, sections 260(7) to (9) and section 261 of the 1996 Act shall continue to apply in relation to such proposals but-

(2) Where before 1st April 1999 the funding authority have, under section 260 of the 1996 Act, submitted to the Secretary of State a copy of proposals for a school to cease to be an establishment which admits pupils of one sex only, section 552(3) of the 1996 Act (except for paragraph (b) and the words "or, as the case may be, the funding authority") shall continue to apply in relation to such proposals.

Modification of section 262 of the 1996 Act
5. - (1) Section 262 of the 1996 Act shall have effect as if-

    (2) Any directions given by the finding authority under section 262(1) of the 1996 Act before 1st April 1999 shall be treated for the purposes of that subsection (as modified in accordance with paragraph (1) above) as a direction given by the Secretary of State.

    (3) The modifications made to section 262(2) and (3)(b) of the 1996 Act by paragraph (1) above shall not apply in any case where the funding authority have adopted particulars under section 262(2) of that Act before 1st April 1999.

Proposals under section 268 of the 1996 Act
    6.Where before 1st April 1999 the funding authority have published proposals under section 268(2) of the 1996 Act (proposals by funding authority for discontinuance of a grant-maintained school) which have not been determined before 1st April 1999, sections 268(6) and (7) and 269 of the 1996 Act shall continue to apply in relation to such proposals but-

Proposals under section 339 of the 1996 Act
7. - (1) Where before 1st April 1999 the funding authority have under section 339(5) of the 1996 Act served notice of proposals such as is mentioned in section 339(2) of that Act (establishment etc. of grant-maintained special schools)-

(2) Where-

section 339(6) and 340(5)(b) shall have effect, in relation to such proposals, as if for "the body which served the notice" there were substituted "the local education authority which is to maintain the school".

PART III
TRANSITIONAL PROVISIONS CONSEQUENT ON THE COMING INTO FORCE OF CHAPTER II OF PART II OF THE 1998 ACT (ESTABLISHMENT, ALTERATION OR DISCONTINUANCE OF SCHOOLS)
Approval of proposals published before 1st September 1999 to establish a new school
8. - (1) This regulation applies where before 1st September 1999-

but the proposals have not been determined before that date.

(2) Where this regulation applies-

Order that school is to be voluntary controlled or voluntary aided
9. - (1) Where, in relation to proposals to which regulation 8 applies, an application was made to the Secretary of State under section 48 of the 1996 Act before 1st September 1999, but no order was made under that section before that date, the Secretary of State may by order direct-

(2) Where an application was made for an order under section 48(1)(b) of the 1996 Act and the Secretary of State is satisfied that the governing body of the school will be able and willing, with the assistance of grants under paragraph 5 of Schedule 3 to the 1998 Act, to defray the expenses that would fall to be borne by them by virtue of paragraph 3(1) or (2) of Schedule 3 to that Act as the governing body of a voluntary aided school, he shall make an order directing that the school shall be a voluntary aided school.

(3) Where an application was made for an order under section 48(1)(b) of the 1996 Act and-

(b) it appears to him that the area to be served by the school will not be also served by a community, foundation or voluntary controlled school,

he shall, before deciding whether to make such an order, consult such persons or bodies as appear to him to be representative of any religion or religious denomination which in his opinion, having regard to the circumstances of the area, is likely to be concerned.

Continued application of section 63 of the 1996 Act
10.Where regulation 8 applies, section 63 of the 1996 Act shall continue to apply in relation to proposals of a description referred to in that section; and in relation to any period on or after 1st September 1999 references in that section to a voluntary school shall be construed as references to a voluntary school within the meaning of the 1998 Act and references to a grant-maintained school shall be construed as references to a foundation school within the meaning of the 1998 Act.

Implementation of approved proposals to establish a new school
11. - (1) Subject to paragraph (2) this regulation applies where-

but the proposals have not been implemented before 1st September 1999.

(2) This regulation does not apply where the proposed school is one falling within regulation 6 of the 1999 Regulations.

(3) Where this regulation applies-

and accordingly such proposals fall to be implemented under paragraph 5 or 10 of Schedule 6 to the 1998 Act (in accordance with regulation 12 but subject to regulations 13 and 19).

Implementation of proposals to establish a new school - further provisions
12.Where regulation 11 applies-

(c) proposals such as are mentioned in section 339(1)(a) or (2)(a) of the 1996 Act shall be treated for the purpose of the 1998 Act as proposals published under section 31(1)(a) of that Act to establish a new community special school and accordingly the school, when open, shall be a community special school and treated as established as such under section 31 of that Act.

Temporary governing bodies
13.Where regulation 8 applies and a temporary governing body has been established in pursuance of an arrangement made under section 96(3) or 97(2) of the 1996 Act in anticipation of approval of proposals or the determination that they should be implemented-

Approval of proposals published before 1st September 1999 to make alterations to, or discontinue, a school
14. - (1) This regulation applies where before 1st September 1999-

but the proposals have not been determined before that date.

(2) Where this regulation applies-

Notes:

[1] 1998 c. 31.back

[2] 1996 c. 56.back

[3] S.I. 1999/362.back