Statutory Instrument 1994 No. 1083

The Education (Schools Conducted by Education Associations) (Amendment) Regulations 1994

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© Crown Copyright 1994

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1994 No. 1083

EDUCATION, ENGLAND AND WALES

The Education (Schools Conducted by Education Associations) (Amendment) Regulations 1994

In exercise of the powers conferred by sections 228(1)(a) and 301(6) of the Education Act 1993^[1], the Secretary of State for Education, as respects England, and the Secretary of State for Wales, as respects Wales, hereby make the following Regulations:

Citation, Commencement and Interpretation
    1.—(1)  These Regulations may be cited as the Education (Schools Conducted by Education Associations) (Amendment) Regulations 1994 and shall come into force on 9th May 1994.

    (2)  In these Regulations "the principal Regulations" means the Education (Schools Conducted by Education Associations) Regulations 1993^[2].

Amendment of Principal Regulations
    2.    After regulation 4 of the principal Regulations, there is inserted the following regulation—
    "4A.    The Education (Acquisition of Grant-maintained Status) (Transitional Functions) Regulations 1993^[3] shall have effect in relation to the exercise by an education association named in an order made under section 220 of the Act in respect of a school of the functions conferred on them under Schedule 4 to the Act during the period beginning when the order is made and ending immediately before the transfer date as those Regulations have effect in relation to the exercise by a new governing body incorporated under section 34(1) of the Act of their functions under that Schedule, with the following modifications
(a) in regulation 3(1), for the reference to the implementation date there is substituted a reference to the transfer date;

(b) regulations 3(2) and 4(4) are omitted;

(c) for regulation 4(5) and (6) there is substituted the following—
"  (5)  The education association shall
(a) interview such applicants for the post as they think fit; and

(b) where they consider that it is appropriate to do so, appoint one of the applicants interviewed by them.


    (6)  If the education association do not appoint any of the applicants interviewed by them, they
(a) may, if they think fit, re-advertise the vacancy in the manner required by paragraph (3) above; and

(b) whether or not they re-advertise the vacancy, may repeat the steps mentioned in paragraph (5) above." ;



(d) in regulation 5(3), for the reference to the implementation date there is substituted a reference to the transfer date; and

(e) in regulation 7(1)(d), for the reference to the school becoming grant-maintained there is substituted a reference to the school beginning to be conducted by the education association." .

    3.    For Schedule 1 to the principal Regulations there is substituted the following

[1] 1993 c. 35. For the power to make regulations see section 305(1). back

[2] S.I. 1993/3103. back

[3] S.I. 1993/3072. back

Explanatory Note