Statutory Instrument 1998 No. 2763

The Education (School Government) (Transition to New Framework) Regulations 1998

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© Crown Copyright 1998

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Interpretation
     2.  - (1) In these Regulations - 

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

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

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

"county school", "voluntary school", "maintained special school", "grant-maintained school" and "grant-maintained special school" have the same meanings as in the 1996 Act;

"current governing body" means the governing body of a county, voluntary, maintained special, grant-maintained or grant-maintained special school (other than the governing body of an excepted school);

"current school" means a county, voluntary, maintained special, grant-maintained or grant-maintained special school (other than an excepted school);

"instrument of government", unless the context otherwise requires, means the instrument of government required by paragraph 6 of Schedule 12 to the 1998 Act, whether or not made by the end of the period prescribed in regulation 5;

"teacher" means a teacher employed under a contract of employment or a contract for services or otherwise engaged to provide his services as a teacher.

    (2) A reference in these Regulations (however framed) to a school which is or is to be maintained by a local education authority is a reference to a school which is or is to be so maintained in accordance with section 20(4) or (5) of the 1998 Act.

    (3) Except where the context otherwise requires, 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:

"appointed day"	section 20(7) of the 1998 Act[3]
"excepted school"	regulation 1(3) of these Regulations;
"education action zone"	section 10(1) of the 1998 Act;
"Education Action Forum"	section 11(2) of the 1998 Act;
"grouped school"	paragraph 1(7) of Schedule 10 to the 1998 Act;
"minor authority" and "area for which there are one or more minor authorities"	section 141 of the 1998 Act;
"transitional governing body"	regulation 18(2) or 19(5) of these Regulations, as the context requires.

    (4) 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.

Conflicting regulations and instruments of government
     3. These Regulations shall prevail over any conflicting provision in - 

(a) the Education (School Government) Regulations 1989[4]; or

(b) any instrument of government within the meaning of the 1996 Act.

Breach of prescribed time limits
     4. A failure by any person to discharge any duty within a time limit prescribed by these Regulations shall not relieve him of that duty.

(a) if made before the appointed day, from the appointed day; or

(b) if made on or after the appointed day, from the date of making.

    (6) The current governing body, or, where the instrument of government is not made before the appointed day, the transitional governing body, shall exercise their functions under the 1998 Act and under these Regulations in a manner calculated to enable the local education authority to fulfil their duties under this regulation and under regulation 20.

Modifications to the 1998 Act where the instrument of government is made before the appointed day
     6.  - (1) Section 141 of, and Schedules 9 and 12 to, the 1998 Act shall apply with the following modifications to enable an instrument of government for a school to be made before the appointed day in preparation for the appointed day.

    (2) In section 141 of, and paragraph 15 of Schedule 9 to, the 1998 Act, references to the area served by a school (however framed) shall be treated as references to the area which it appears to the local education authority will be served by the school when it is a maintained school.

    (3) In paragraph 15(1) of Schedule 9 to the 1998 Act, the reference to "If the governing body of any maintained school so determine" shall be treated as if it were a reference to "If the current governing body so determine".

    (4) Paragraph 1 of Schedule 12 to the 1998 Act shall have effect as if - 

(a) in sub-paragraph (1)(h) there were substituted for "the date", the words "in accordance with sub-paragraph (2A), the dates";

(b) after sub-paragraph (2) there were inserted the following sub-paragraph - 

    " (2A) Where an instrument of government is made before the appointed day for a school which will be a maintained school from the appointed day, such instrument of government - 


(a) shall determine the constitution of the governing body and other matters relating to the school as a maintained school of the category to which it will belong in accordance with Schedule 2 to this Act;

(b) shall include a description of the ethos of the school, if it is anticipated that the school will become a foundation or voluntary school with a religious character (provided that such description shall be of no effect if the school does not become a foundation or voluntary school with a religious character with effect from the appointed day);

(c) shall take effect from the date of making for the purpose of reconstituting the governing body under the instrument of government but shall not (subject to any regulations made under paragraph 1(4) of Schedule 10 to this Act), affect the constitution of the governing body conducting the school pending full reconstitution under the instrument of government; and

(d) shall take effect from the appointed day for all other purposes.."

    (5) References in paragraph 3 of Schedule 12 to the 1998 Act to "the governing body" and "foundation governors" shall be treated as references to the current governing body and members of the current governing body who are foundation governors within the meaning of the 1996 Act (as the case may be).

Modifications to the 1998 Act where the instrument of government is made on or after the appointed day
     7.  - (1) Schedules 9 and 12 to the 1998 Act shall apply with the following modifications to enable the instrument of government for a school to be made on or after the appointed day.

    (2) In paragraph 15(1) of Schedule 9 to the 1998 Act, the reference to "If the governing body of any maintained school so determine" shall be treated as if it were a reference to "If the transitional governing body so determine".

    (3) Paragraph 1 of Schedule 12 to the 1998 Act shall have effect as if - 

(a) in sub-paragraph (1)(h) there were substituted for "the date", the words "in accordance with sub-paragraph (2A), the dates";

(b) after sub-paragraph (2) there were inserted the following sub-paragraph - 

    " (2A) Where an instrument of government is made on or after the appointed day for a maintained school which was a county, voluntary, maintained special, grant-maintained or grant-maintained special school (within the meaning of the Education Act 1996) immediately before the appointed day, such instrument of government - 


(a) shall take effect from the date of making for the purpose of reconstituting the governing body under the instrument of government but shall not affect the constitution of the governing body conducting the school pending full reconstitution under the instrument of government; and

(b) shall take effect from the date of making for all other purposes.."

    (4) References in paragraph 3 of Schedule 12 to the 1998 Act to "the governing body" and "foundation governors" shall be treated as references to the transitional governing body and members of the transitional governing body who were when appointed foundation governors within the meaning of the 1996 Act (as the case may be).

Additional co-opted governors
     8. Schedule 1 makes provision for the number of additional co-opted governors which may be required by the instrument of government by virtue of paragraph 15(1) and (2) of Schedule 9 to the 1998 Act, for the circumstances in which provision for such governors is authorised to be made, and for the categories of person from whom or from amongst whose members nominations for such appointments are to be sought.

Substitutes for ex officio foundation governors
     9. The instrument of government shall name the person or persons who shall be entitled to appoint a foundation governor to act in the place of an ex officio foundation governor in any case where - 

(a) that ex officio foundation governor is unable or unwilling to act as such; or

(b) there is a vacancy in the office by virtue of which such a governorship exists.

Instrument of government pro-formas
     10. The instrument of government shall be made in the form and in accordance with the directions set out in Schedule 2 which are relevant to the category of maintained school to which the school will belong or belongs.

[2] 1996 c. 56.back

[3] The day appointed by S.I. 1998/2083 is 1st September 1999.back

[4] S.I. 1989/1503, as amended by S.I. 1991/2845, 1993/3107 and 1996/2050.back

[5] As modified by regulation 6 of these Regulations.back

[6] As modified by regulation 6 or 7 of these Regulations depending on whether the instrument is made before or on or after the appointed day.back

[7] 1996 c. 57.back

[8] See The School Standards and Framework Act 1998 (Intervention in Schools Causing Concern) (Modification) Regulations 1998, S.I. 1998/2248.back

[9] In the case of additional co-opted governors, the governors making the appointment are required to seek nominations by virtue of paragraph 15 of Schedule 9 to the 1998 Act.back

[10] Under regulation 14(6) of the Education (School Government) (Transition to New Framework) Regulations 1998, this procedure will not apply on transition to the new framework.back

[11] Under regulation 14(6) of the Education (School Government) Transition to New Framework) Regulations 1998, this procedure will not apply on transition to the new framework.back

[12] Under regulation 14(6) of the Education (School Government) (Transition to New Framework) Regulations 1998, this procedure will not apply on transition to the new framework.back

[13] 1996 c. 57.back

[2] 1996 c. 56.back

[3] The day appointed by S.I. 1998/2083 is 1st September 1999.back

[4] S.I. 1989/1503, as amended by S.I. 1991/2845, 1993/3107 and 1996/2050.back

[5] As modified by regulation 6 of these Regulations.back

[6] As modified by regulation 6 or 7 of these Regulations depending on whether the instrument is made before or on or after the appointed day.back