Statutory Instrument 1999 No. 2323 (c. 59)

The School Standards and Framework Act 1998 (Commencement No. 7 and Saving and Transitional Provisions) Order 1999

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© Crown Copyright 1999

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

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

Commencement of the 1998 Act
     2.  - (1) The provisions of the 1998 Act specified in Schedule 1 to this Order shall come into force on 1st September 1999.

    (2) The provisions of the 1998 Act specified in Schedule 2 to this Order shall come into force on 1st November 1999.

    (3) The provisions of the 1998 Act specified in Schedule 3 to this Order shall come into force on 1st January 2000.

    (4) The provisions of the 1998 Act specified in Schedule 4 to this Order shall come into force on 1st August 2000.

Transitional and saving provisions
     3. The transitional and saving provisions in Schedule 5 to this Order (relating to transfer of control agreements) shall have effect.

     4. The transitional and saving provisions in Schedule 6 to this Order (relating to exclusion of pupils) shall have effect.

     5. The transitional and saving provisions in Schedule 7 to this Order (relating to school government) shall have effect.

Transitional provisions relating to section 138 of the 1996 Act
     6.  - (1) An agreement or determination in force under section 138 of the 1996 Act (advisory rights of chief education officer: aided schools) immediately before 1st September 1999 shall on and after that date have effect as if made under paragraph 2 of Schedule 17 to the 1998 Act notwithstanding that it was not framed by reference to the rights conferred on the chief education officer by that Schedule.

    (2) Any disagreement between a governing body and a local education authority as to which rights are conferred on the chief education officer by virtue of paragraph (1) above shall be determined by the Secretary of State.

    (3) An agreement or determination to which paragraph (1) refers may be withdrawn - 

(a) in the case of an agreement, in accordance with paragraph 2(5) of Schedule 17; and

(b) in the case of a determination of the Secretary of State, in accordance with paragraph 2(6) of that Schedule.

Savings provisions relating to sections 201, 204, 205, 207, 208 and 567 of the 1996 Act
     7. In articles 10, 11 and 12 below "local authority" means a county council, a county borough council, a district council, a London borough council or the Common Council of the City of London.

     8. The repeal of section 201 of the 1996 Act is without prejudice to the continued application of section 201(10) to any property, rights or liabilities to which section 201(1) applied immediately before 1st September 1999.

     9. The repeal of section 204 of the 1996 Act is without prejudice to the continued application of that section where the procedure for acquisition of grant-maintained status is deemed to be still pending in relation to a school by virtue of section 204(3).

     10. The repeal of section 205 of the 1996 Act is without prejudice to the continued application of that section where a local authority have made a disposal, or entered into a contract, in contravention of section 204(1) of the 1996 Act - 

(a) before 1st September 1999; or

(b) during any period when the procedure for acquisition of grant-maintained status is deemed to be still pending in relation to the school by virtue of section 204(3) of the 1996 Act.

     11. The repeal of section 207 of the 1996 Act is without prejudice to the continued application of that section where a local authority have entered into a contract to which section 206 applied in contravention of that section before 1st September 1999.

     12. The repeal of section 208 of the 1996 Act is without prejudice to the continued application of subsections (4) and (5) of that section where a local authority have, in relation to any property, taken any action in contravention of subsection (1) of that section before 1st September 1999.

     13. The repeal of section 567 is without prejudice to the continued application of subsections (1) and (5) to transfers effected under section 201 (taken with section 198 of, and Schedule 10 to, the Education Reform Act 1988[3]).

Saving provisions relating to sections 60 and 61 of the 1996 Act
     14. Notwithstanding the repeal of section 60 of the 1996 Act, subsections (4) to (7) of that section shall continue to have effect in relation to an interest in premises conveyed under that section prior to 1st September 1999.

     15. Notwithstanding the repeal of section 61 of the 1996 Act, subsections (4) to (6) of that section shall continue to have effect in relation to a new site provided for a school under that section prior to 1st September 1999.

Saving provisions relating to sections 274 to 279 of the 1996 Act
     16.  - (1) Notwithstanding the repeal of Chapter VIII of Part III of the 1996 Act, sections 274 to 279 of the 1996 Act (winding up and disposal of property) and those sections as applied by regulation 33 of the Education (Grant-maintained Special Schools) Regulations 1994[4] shall continue to have effect for the purposes of winding up and disposing of the property of a grant-maintained school or grant-maintained special school subject to discontinuance proposals, in cases where the governing body have not been dissolved before 1st September 1999.

    (2) For the purposes of paragraph (1), "discontinuance proposals" means - 

(a) in the case of a grant-maintained school, proposals for the discontinuance of the school published under section 267 or 268 of the 1996 Act before 1st September 1999; and

(b) in the case of a grant-maintained special school, proposals for the discontinuance of the school published under section 339 of that Act before 1st September 1999.

Saving provision relating to exemption from building regulations
     17. Where particulars of premises or proposed premises are approved on or after 1st September 1999 under - 

(a) section 214 of the 1996 Act as that section continues to have effect by virtue of regulation 2 of the School Standards and Framework Act 1998 (Proposals under section 211 of the Education Act 1996) (Transitional Provisions) Regulations 1998[5] or

(b) section 39, 44, 262 or 341 of the 1996 Act as those sections continue to have effect by virtue of regulation 8 or 14 of the Education (Transition to New Framework) (School Organisation Proposals) Regulations 1999[6],

section 4(1)(a) of the Building Act 1984[7] (exemption of education buildings from building regulations) shall have effect as if the repeal of the provisions in that subsection made by Schedule 31 to the 1998 Act had not come into force.

Miscellaneous saving provisions
     18. Notwithstanding the amendment to section 5(3) of the 1996 Act by paragraph 59(a) of Schedule 30 to the 1998 Act, a school in respect of which proposals authorised by section 49, 198(6) or 291 of the 1996 Act are implemented shall continue to be a middle school.

     19. Notwithstanding the repeal of section 573(4) to (6) of the 1996 Act (meaning of expressions relating to alteration etc of premises or character of schools) - 

(a) Section 573(4) to (6) of the 1996 Act shall continue to apply in relation to any proposals published under section 35(1)(c), 41(2), 259(1) or 260(2) of that Act before 1st September 1999; and

(b) section 573(6) of the 1996 Act, as applied by regulation 42 of and the Schedule to the Education (Grant-maintained Special Schools) Regulations 1994, shall continue to apply in relation to any proposals notice of which is served under section 339 of that Act before 1st September 1999.

     20. The repeal of section 310 of the 1996 Act is without prejudice to the inspection of the accounts of the governing body of any former grant-maintained or grant-maintained special school in relation to any period before 1st September 1999.

     21. The repeal of section 539 of the 1996 Act shall not relieve the governing body of a school which was a grant-maintained school from the duty to publish information, or to make reports and returns and to give information in accordance with that section in relation to the period during which the school was grant-maintained.

     22. The repeal of paragraphs 61 to 64 of Schedule 8 to the Further and Higher Education Act 1992[8] (supplementary provisions with respect to transfers) is without prejudice to the continued application of - 

(a) paragraphs 62 to 64 of that Schedule; and

(b) the Education Transfer Council (Transfers under the Education Reform Act 1988) Regulations 1992[9], to transfers to which the said paragraphs 62 to 64 applied immediately before 1st September 1999.

     23.  - (1) The repeal of section 179 of the 1996 Act (variation of trust deeds etc by order) is without prejudice to the operation of any modification to any trust deed or other instrument made by order of the Secretary of State under that section.

    (2) The repeal of section 302 of the 1996 Act (variation of trust deeds etc by order) is without prejudice to the operation of any modification to any trust deed or other instrument made by order of the Secretary of State under that section.


David Blunkett
Secretary of State for Education and Employment

13th August 1999

paragraph 28[10];

paragraphs 29 to 32;

paragraphs 34 to 39;

paragraphs 41 to 46;

paragraph 47 in so far as it is not already in force;

paragraph 49;

paragraph 50;

paragraph 51;

paragraph 52 in so far as it is not already in force;

paragraph 53;

paragraph 54 in so far as it is not already in force;

paragraph 55;

(Education Act 1996) (General)

paragraphs 58, 59, 60;

paragraphs 62 and 63;

(Schools maintained by local education authorities)

paragraph 69 in so far as it is not already in force;

(Grant-maintained schools)

paragraph 70 to the extent that it relates to the omission of Chapters I to V, section 252 and VII to X of Part III to the 1996 Act;

(Special educational needs)

paragraphs 71, 72, 73, 74, 75 in so far as it is not already in force, 76, 77(a), 78, 79, 80, 81 in so far as it is not already in force, 82, 83 in so far as it is not already in force, 84;

(The Curriculum)

Paragraphs 85, 86, 89 and 90;

Paragraph 91 in so far as it is not already in force;

Paragraphs 92 to 95, 97 to 102, 103(a), 104, 105;

Paragraph 106 in so far as it is not already in force;

Paragraph 107;

(School Admissions, Attendance and Charges)

Paragraphs 111 to 113;

Paragraph 114, except to the extent that sub-paragraph (b) substitutes a new subsection 5(b) in section 438 of the 1996 Act;

Paragraph 115;

Paragraph 116, except to the extent that sub-paragraph (b) substitutes a new paragraph (b) in section 440(3) of the 1996 Act;

Paragraphs 117 to 124;

Paragraph 127;

(Part IX: Ancillary Functions)

Paragraphs 129, 130 and 131;

Paragraph 132 in so far as it is not already in force;

Paragraphs 133(a), 134, 135, 136;

Paragraphs 140 to 147;

Paragraphs 149 to 152;

Paragraphs 154, 156, 157;

(Part X: Miscellaneous and General)

Paragraphs 158, 160(b), 161, 162, 163, 164, 165, 166;

Paragraph 167 in so far as it is not already in force;

Paragraphs 168, 169, 170, 171, 172, 173, 174, 175, 176, 178, 179, 180, 181, 183, 184 in so far as it is not already in force, 185 in so far as it relates to the omission of Schedules 5, 6, 7, 8, 9, 10, 14, 15 and 16 to the 1996 Act, 186, 187, 188 and 189 (e) and (f);

(School Inspections Act 1996)

Paragraphs 191 to 196;

Paragraphs 197 and 198 in so far as they are not already in force;

Paragraph 199;

Paragraph 202 in so far as it is not already in force;

Paragraphs 203 to 206;

(Education Act 1997)

Paragraph 208 in so far as it is not already in force;

Paragraphs 209 to 213, 214, 215, 217, 221, 222 in so far as it is not already in force and 223 in so far as it is not already in force.

In Schedule 31 the repeal of - 

     Section 31 of the London Government Act 1963[11];

     in Schedule I to the Superannuation Act 1972[12], the entry relating to the Schools Funding Council for Wales;

     in the Local Government Act 1972[13], in section 134(1) and (2) the words "or of a grant-maintained school" and in section 177 (1) the words from the beginning to "committees),";

     in Part III of Schedule 1 to the House of Commons Disqualification Act 1975[14], the entries "Any member of an education association in receipt of remuneration", and "Any member of the Funding Council for Wales in receipt of remuneration";

     in the Sex Discrimination Act 1975[15], in section 22, in the Table, paragraph 3A, section 23C, in section 25(2) and (4), ", 23C" and in section 25(6), in paragraph (c) (i) "3A" and paragraph (e);

in the Race Relations Act 1976[16], in section 17, in the Table, paragraph 3A, section 18C, in section 19(2) and (4) ", 18C" wherever occurring and in section 19(6), in paragraph (c)(i) "3A" and paragraph (e);

in section 5 of the National Health Service Act 1977[17], in subsections (1)(a) and (1A)(a) the words "or at grant-maintained schools";

in section 75A (9A) of the Education (Scotland) Act 1980[18], the word "and" immediately preceding paragraph (b);

in section 17(4) of the Acquisition of Land Act 1981[19], paragraph (ab);

in Schedule 1 to the Representation of the People Act 1983[20], in paragraph 22(1)(i) the words "a grant-maintained school";

in the Building Act 1984, in section 4(1)(a), in paragraph (ii) the words "under section 39 or 44 of the Education Act 1996 or" and paragraph (iii);

in the Education Reform Act 1988, section 166, section 167, in section 197(7) the words "or grant-maintained", in section 236(1) the entry relating to section 219 and in Schedule 12 paragraphs 11, 13, 15, 16, 18 to 22, 30, 31 and 36;

in Schedule 9 to the Children Act 1989[21], in paragraph 3, sub-paragraph (1)(f), and in sub-paragraph (3) the definition of "grant-maintained";

in the School Teachers' Pay and Conditions Act 1991[22], in section 1(5) the words from "and, where" to "that subsection", section 1(6), section 2(2), in section 2(5) the words from "and, where" to "(2) above" and in section 2(6)(a) the words from "or, in" to "such schools,";

in the Diocesan Boards of Education Measure 1991[23], section 3(4) and (5), in section 3(6) the words "or (5)", section 5, section 6(2), section 7(5), section 9, in section 10(1) the definition of "Church of England voluntary school" and section 10(2);

in the Further and Higher Education Act 1992, in section 2(6) the words "grant-maintained schools," in section 16(2) the words "or any grant-maintained school" wherever occurring, in section 16(3)(a) the words "or is a grant-maintained school", section 21(1)(a), in section 21(1) the words "(b) in any other case,", in section 21(2) the words "orders and", "grant-maintained school or other" and "grant-maintained schools or other", in section 26(1) the words "or was a grant-maintained school", in section 54(1)(b) the words "grant-maintained school," and in Schedule 8, paragraphs 61 to 64;

in Schedule 2 to the Charities Act 1993[24], paragraph (d);

in Schedule 9 to the Value Added Tax Act 1994[25] (exemptions), sub-paragraphs (v) and (vii) of paragraph (a) of Note (1) to Group 6 (Education);

in the Education Act 1994, in section 11A the words "grant-maintained schools,", section 12(4) and (5) and section 18(1)(a);

section 19(6) (c) and (d) of the Disability Discrimination Act 1995[26];

in the Employment Rights Act 1996[27], in section 50(9)(b) the words "grant-maintained school,";

in the 1996 Act, section 391(8) and (9), section 392(4), in section 560(6), the words "or the governing body of a grant-maintained school" and those provisions of the 1996 Act omitted by paragraphs 58, 62, 69 to 71, 74, 79, 81, 83, 90 to 92, 94, 95, 106, 107, 111 to 118, 120 to 124, 127, 132, 133(a), 134, 140 to 143, 149, 151, 152, 158, 160(b), 161 to 166, 167, 172, 174, 175, 178, 179, 180, 181, 183, 184, 185, 187, 188 and 189 of Schedule 30 to the 1998 Act specified above;

those provisions of the School Inspections Act 1996[28] omitted by paragraphs 191, 192, 194, 195, 199, 202, 205 and 206 of Schedule 30 to the 1998 Act specified above;

those provisions of the Education Act 1997[29] omitted by paragraphs 208, 212, 217, 221, 222 and 223 of Schedule 30 to the 1998 Act specified above; and

in the Education (Schools) Act 1997[30] section 6(1), in section 7(3)(a) "section 6(1)", and in section 7(4)(a) "(1) and".

[2] 1996 c. 56.back

[3] 1988 c. 40.back

[4] S.I. 1994/653, amended, in ways not relevant to this Instrument, by S.I. 1994/1231, 1994/2003, 1996/111, 1996/2303, 1997/996 and 1997/2175. Regulation 33 of S.I. 1994/653 applies the predecessor statutory provisions to sections 274 to 279 of the 1996 Act under the Education Act 1993 (c. 35) to grant-maintained special schools. Those Regulations continue to have effect by virtue of paragraph 1 of Schedule 39 to the 1996 Act.back

[5] S.I. 1998/3172.back

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

[7] 1984 c. 55.back

[8] 1992 c. 13.back

[9] S.I. 1992/1348 as amended by S.I. 1993/3114 and section 136(2) of the 1998 Act.back

[10] Paragraph 28 was amended by S.I. 1999/638.back

[11] 1963 c. 33.back

[12] 1972 c. 11.back

[13] 1972 c. 70.back

[14] 1975 c. 24.back

[15] 1975 c. 65.back

[16] 1976 c. 74.back

[17] 1977 c. 49.back

[18] 1980 c. 44; subsection (9A) was inserted by section 5(1)(e) of the Education (Schools) Act 1997 (c.44).back

[19] 1981 c. 67.back

[20] 1983 c. 2.back

[21] 1989 c. 41.back

[22] 1991 c. 49.back

[23] 1991 No. 2.back

[24] 1993 c. 10.back

[25] 1994 c. 23.back

[26] 1995 c. 50.back

[27] 1996 c. 18.back

[28] 1996 c. 57.back

[29] 1997 c. 44.back

[30] 1997 c. 59.back