Statutory Instrument 1994 No. 2104

The Education (Grant-maintained Special Schools) (Initial Governing Instruments) Regulations 1994

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© Crown Copyright 1994

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1994 No. 2104

EDUCATION, ENGLAND AND WALES

The Education (Grant-maintained Special Schools) (Initial Governing Instruments) Regulations 1994

Whereas pursuant to section 8(1) of, and paragraph 15(c) of Schedule 1 to, the Tribunal and Inquiries Act 1992^[1], the Secretary of State has consulted the Council on Tribunals;

Now therefore, in exercise of the powers conferred on the Secretary of State by section 301(6) of, and paragraph 2(1) and (3) of Schedule 11 to, the Education Act 1993^[2], 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 and commencement
    1.    These Regulations may be cited as the Education (Grant-maintained Special Schools) (Initial Governing Instruments) Regulations 1994 and shall come into force on 1st September 1994.

Initial instrument of government
    2.—(1)  For the purposes of paragraph 2 of Schedule 11 to the 1993 Act, the initial instrument of government of a grant-maintained special school shall be as set out in Schedule 1 to these Regulations.

    (2)  In this regulation and in regulations 3 and 4 below, references to the 1993 Act are to the Education Act 1993.

Initial articles of government
    3.    For the purposes of paragraph 2 of Schedule 11 to the 1993 Act, the initial articles of government of a grant-maintained special school shall be as set out in Schedule 2 to these Regulations.

Provisions of the initial articles of government having effect on incorporation
    4.—(1)  In the case of a governing body incorporated in pursuance of proposals made under section 183(3)(a) of the 1993 Act (proposals for the establishment of a new grant-maintained special school), the following provisions of the initial articles of government shall have effect from the incorporation date: Articles 1, 3, 4, 5, 13, 15, 16, 17, 18, 19 and 20, and the Appendix thereto.

    (2)  In this regulation—

"the initial articles of government" is a reference to the initial articles of government set out in Schedule 2 to these Regulations; and


"the incorporation date" means the date specified in the proposals made under section 183(3)(a) of the 1993 Act as the proposed incorporation date in relation to the school.

[1] 1992 c. 53; paragraph 15(c) of Schedule 1 was amended by paragraph 174 of Schedule 19 to the Education Act 1993. back

[2] 1993 c. 35; for the definitions of "prescribed" and "regulations" see section 305(1). back

Explanatory Note