Statutory Instrument 1999 No. 2243 (w.3)

The Education (New Schools) (Wales) Regulations 1999

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© Crown Copyright 1999

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"the 1996 Act" means the Education Act 1996[4];

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

"additional co-opted governor" means a co-opted governor required by virtue of paragraph 15 of Schedule 9 to the 1998 Act;

"the Assembly" means the National Assembly for Wales;

"local education authority" means the local education authority by which a maintained school or a proposed such school is, or is to be, maintained;

"maintained school" means a community, community special, voluntary, foundation or foundation special school;

"Main School Government Regulations" means the Education (School Government) (Wales) Regulations 1999[5];

"School Organisation Regulations" means the Education (Transition to New Framework) (School Organisation Proposals) Regulations 1999[6];

"the Second Transitional Regulations" means the Education (Transition to New Framework) (New Schools, Groups and Miscellaneous) Regulations 1999[7].

    (2) The expressions used in these Regulations set out in the first column of the table below have the meaning given by (or as the case may be) are to be interpreted in accordance with, the provisions referred to in the second column of that table:

"arrangements"	section 44(1) of the 1998 Act;
"Education Action Forum"	section 11(2)[8] of the 1998 Act;
"education action zone"	section 10(1)[9] of the 1998 Act;
"instrument of government"	section 37(1) of the 1998 Act;
"school opening date"	section 44(9) of the 1998 Act;
"sponsor"	Schedule 1 to the Main School Government Regulations.

    (3) Unless the context otherwise requires, any reference in these Regulations to - 

(a) a numbered Part, regulation or Schedule is a reference to the Part, regulation or Schedule in these Regulations so numbered;

(b) a numbered paragraph is a reference to the paragraph so numbered in the regulation or Schedule in which the reference appears; and

(c) a numbered sub-paragraph is a reference to the sub-paragraph so numbered in the paragraph in which the reference appears.

Interpretation of "temporary governing body"
     3.  - (1) Any reference in these Regulations to the temporary governing body is a reference to the temporary or transitional governing body of any school or proposed school to which the provision applies (either constituted under section 44 of the 1998 Act or treated as so constituted by virtue of regulation 13 of the School Organisation Regulations or regulation 13(5) of the Second Transitional Regulations), and any reference to a temporary governor is a reference to a member of such a temporary or transitional governing body.

    (2) Unless the context otherwise requires, any reference in these Regulations to a temporary governor of a particular category shall be interpreted in accordance with Part III.

    (2) In this Part any reference (however framed) to proposals published under section 28 or 31 of the 1998 Act to establish a school shall include proposals which have been published or notice of which has been served under the 1996 Act before 1st September 1999 and to which regulation 8 (approval of proposals published before 1st September 1999 to establish a new school) of the School Organisation Regulations applies.

Arrangements made in anticipation of approval of proposals
     5.  - (1) Where any proposals to establish a school have been published under section 28 or 31 of, or paragraph 5 of Schedule 7 to, the 1998 Act the local education authority may make arrangements under section 44(1) of the 1998 Act in anticipation of approval of the proposals under paragraph 8 of Schedule 6 or approval or adoption of proposals under paragraph 14 of Schedule 7 to that Act or, as the case may be, the determination by the body or promoters by whom the proposals were published under paragraph 9 of Schedule 6 to that Act that they should be implemented.

    (2) If the proposals are published under section 28(2)(a) of the 1998 Act and are proposals to establish a voluntary controlled school, the local education authority shall consult the promoters - 

(a) as to whether the power given to the local education authority in paragraph (1) above should be exercised; and

(b) if the local education authority propose to exercise it, as to the date on which the arrangements should be made.

    (3) If the proposals are published under section 28(2)(a) of the 1998 Act and the proposals are to establish a voluntary aided or foundation school, the local education authority and the promoters shall consider - 

(a) whether the power given to the local education authority in paragraph (1) above should be exercised; and

(b) where they agree that it should, on what date the arrangements should be made.

    (4) Where in a case falling within paragraph (3) the local education authority and the promoters fail to agree on the question mentioned in sub-paragraph (a) or on that mentioned in sub-paragraph (b) either of them may refer the matter to the Assembly and on a reference under this paragraph the Assembly shall give such direction as they think fit.

Agreements necessary for arrangements
     6.  - (1) Where proposals to establish a foundation school have been published by promoters under section 28(2) of the 1998 Act a local education authority shall not make arrangements under section 44(1) of the 1998 Act in respect of the school without the agreement of the promoters as to the provision which will be made in relation to the temporary foundation governors.

    (2) A local education authority shall not make arrangements in respect of a school which will be a voluntary school without the agreement of the promoters as to the provision which will be made in relation to the temporary foundation governors.

    (3) In the event of any disagreement between the local education authority and the promoters in respect of the provisions referred to in paragraph (1) or (2) either of them may refer the matter to the Assembly, and on a reference under this paragraph the Assembly shall give such direction as they think fit.

Termination of arrangements
     7. Any arrangements made in relation to a proposed school under section 44(1) of the 1998 Act (including those mentioned in regulation 5(1)) shall come to an end if - 

(a) the proposals are withdrawn;

(b) the proposals are rejected under paragraph 8 of Schedule 6 or paragraph 14 of Schedule 7 to the 1998 Act;

(c) (in the case of proposals not requiring approval under paragraph 8 of Schedule 6 to the 1998 Act) the body or promoters by whom the proposals were published determine under paragraph 9 of Schedule 6 to the 1998 Act not to implement them; or

(d) the Assembly determine under paragraph 10(3) of Schedule 6 to the 1998 Act that paragraph 10(1) of that Schedule should cease to apply to the proposals.

Termination of arrangements: transitional provision
     8.  - (1) This regulation applies where - 

(a) an arrangement has been made before 1st September 1999 under section 96(3) or 97(2) of the 1996 Act in anticipation of approval of proposals; and

(b) regulation 13 of the School Organisation Regulations applies in relation to the temporary governing body constituted by the arrangement.

    (2) Where this regulation applies - 

(a) sections 96(4) and 97(7) of the 1996 Act shall continue to apply in relation to the termination of the arrangement; and

(b) the arrangement shall also come to an end if the Assembly determine under paragraph 10(3) of Schedule 6 to the 1998 Act that paragraph 10(1) of that Schedule should cease to apply to the proposals.

Constitution of temporary governing body
     10.  - (1) Subject to this regulation and regulations 11 to 22, the temporary governing body of a new school shall be constituted in accordance with such of paragraphs 9 to 14 of Schedule 9 to the 1998 Act ("the relevant paragraphs") as are applicable having regard to the category of the school or proposed school.

    (2) For the purposes of the application of paragraph (1), the relevant paragraphs shall apply with the following modifications - 

(a) the expressions "co-opted governor", "foundation governor", "LEA governor", "parent governor", "partnership governor", "staff governor" and "teacher governor" shall be treated as references to the corresponding category of temporary governor within the meaning of regulation 9(2);

(b) references in the relevant paragraphs to "governing body" or "governors" shall be treated as references to "temporary governing body" or "temporary governors", as the case may be;

(c) references in the relevant paragraphs to "a representative governor" shall be treated as references to "a temporary representative governor";

(d) references in the relevant paragraphs to "additional governors" shall be treated as references to any temporary co-opted governors required by regulation 18, 19 or 20;

(e) references to a school or a school of any category, shall include a reference to a proposed school or a proposed school of that category, as the case may be;

(f) references to a school being established in a hospital (or not established in a hospital) shall include a reference to a school which it is proposed to establish in a hospital (or otherwise than in a hospital);

(g) the reference in paragraph 10(6)(a) of Schedule 9 to the 1998 Act to "matters in respect of which the school is specially organised" shall be treated as a reference to matters in respect of which the proposed school will be specially organised;

(h) paragraph 14(4) of that Schedule shall not apply;

(i) in relation to the constitution of the temporary governing body of a new school, the new school shall be treated as having as registered pupils the number of pupils determined from the proposals for the establishment of the school.

Temporary foundation governors
     11. The temporary foundation governors of a new school shall be appointed - 

(a) where the new school has, or the proposals for its establishment indicate that it will have, a particular religious character, for the purpose of securing that that character is established and developed; and

(b) where the new school has or will have a trust deed, for the purpose of securing that the new school is established and conducted in accordance with that deed.

Temporary parent governors
     12.  - (1) Subject to the following paragraphs of this regulation, the temporary parent governors of a new school shall be appointed - 

(a) where the new school is or will be a community, voluntary controlled, community special school or foundation special school, or a foundation school proposals for the establishment of which were published by a local education authority, by the local education authority; and

(b) where it is or will be a voluntary aided school, or a foundation school proposals for the establishment of which were published by promoters, by the promoters.

    (2) Where one or more maintained schools have been, or are to be, discontinued, and the registered pupils at such school or schools, or a substantial number of those pupils, are expected to transfer to a new school,

(a) the local education authority, where the new school is, or will be a community, community special, voluntary controlled school or foundation special school, or a foundation school proposals for the establishment of which were published by a local education authority, or

(b) the promoters, where the new school is or will be a voluntary aided school or a foundation school proposals for the establishment of which were published by promoters,

may provide for the governing body of the discontinued school (or, as the case may be, any of the governing bodies of the discontinued schools) to appoint some or all of the temporary parent governors of the new school.

    (3) No person shall be appointed as a temporary parent governor of a voluntary controlled school by a local education authority, and no provision referred to in paragraph (2) above shall be made in respect of a voluntary controlled school, unless the local education authority has first consulted the promoters.

    (4) Subject to paragraph (5), no person shall be appointed as a temporary parent governor unless - 

(a) he is the parent of a child who is or is likely to become a registered pupil at the school; or

(b) where it is not reasonably practicable to appoint such a person, he is the parent of a child of compulsory school age.

    (5)

(a) No person shall be appointed as a temporary parent governor of a school which is or will be a community or foundation special school not established in a hospital unless he is - 


(i) the parent of a child who is or is likely to become a registered pupil at the school; or

(ii) a person who is the parent of a child of compulsory school age with special educational needs; or

(iii) a person who is a parent of a person of any age with special education needs; or

(iv) a person who is the parent of a child of compulsory school age.



(b) A person referred to in sub-paragraph (ii), (iii) or (iv) of paragraph (a) above shall only be appointed if it is not reasonably practicable to appoint a person referred to in the provision in that sub-paragraph which immediately precedes it.

[2] The National Assembly for Wales was established by section 1 of the Government of Wales Act 1998 (c.38).back

[3] S.I. 1999/672.back

[4] 1996 c.56.back

[5] S.I. 1999/2242 (w.2).back

[6] S.I. 1999/704.back

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

[8] Sections 10-13 of the 1998 Act will not apply in relation to Wales unless an Order to that effect has been made by the Assembly see section 10(8) of the Act. No such Order has yet been made.back

[9] Sections 10-13 of the 1998 Act will not apply in relation to Wales unless an Order to that effect has been made by the Assembly see section 10(8) of the Act. No such Order has yet been made.back