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Additional co-opted governors and substitutes for ex officio foundation governors
     28. Regulations 10 and 11 and Schedule 1 shall apply.

Instrument of government
     29.  - (1) 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 new GM school will belong on the appointed day[14].

    (2) It shall be a sufficient compliance with paragraph (1) if the instrument of government is in a form substantially to the like effect to the relevant form set out in Schedule 2.

    (3) The GM governing body, or the GM transitional governing body, as the case may be, shall not delegate decisions relating to the contents or preparation of the instrument of government, the appointment of governors required by the instrument of government, or the date when the governing body are constituted under the instrument of government.

The GM transitional governing body
     30.  - (1) Where a new GM school becomes a maintained school on the appointed day, the governing body of the school - 

(a) shall continue in existence as a body corporate; and

(b) shall so continue as if incorporated under section 36(1) of the 1998 Act,

but as from that day the governing body shall (pending reconstitution under the instrument of government) continue as constituted immediately before that day, subject to this regulation.

    (2) In this regulation, "the relevant provisions" means - 

(a) the provisions of the 1996 Act relating to the composition of GM governing bodies, disqualification for office of members of such governing bodies and instruments of government for grant-maintained schools; and

(b) any regulations and instruments of government in force under those provisions immediately before the appointed day.

    (3) The relevant provisions shall have effect for the purpose of determining the composition of the GM transitional governing body and the circumstances in which a person is disqualified for office as a member of the GM transitional governing body, but subject to the modifications in paragraph (4).

    (4) For this purpose the relevant provisions shall have effect as if - 

(a) any such instrument of government were required to provide and did provide for the local education authority to appoint the minimum number of governors required to be appointed by the local education authority by Schedule 9 to the 1998 Act for a school of the category to which the school is allocated under Schedule 2 to the 1998 Act (taking account of whether the school is a primary or secondary school and the number of pupils for which the school is established referred to in the proposals under section 211 or 212 of the 1996 Act);

(b) subject to any appointments required by sub-paragraph (a), they provided that no new appointments shall be made of governors under those provisions.

    (5) Members of the GM transitional governing body shall continue in office pending reconstitution of the governing body under the instrument of government, even if the term of office for which they were originally appointed has expired.

    (6) For the purposes of these Regulations the governing body as constituted under this regulation shall be referred to as the GM transitional governing body.

Reconstitution of new GM school governing body
     31.  - (1) Any reference in regulations 31(2) to 37 to the GM transitional governing body shall at any time before the appointed day be construed as a reference to the GM governing body.

    (2) The GM transitional governing body shall secure that they are reconstituted under the instrument of government at midnight, on such date within 3 months after the school's opening date, as the GM transitional governing body shall notify in writing to the local education authority ("the reconstitution date").

Governors ceasing to hold office
     32.  - (1) Any member of a GM transitional governing body who will not continue in office by virtue of regulation 33 from midnight on the reconstitution date shall cease to hold office at midnight on that day.

    (2) This regulation shall not disqualify a person for election or appointment as a governor of the school in question from midnight on the reconstitution date.

Governors continuing in office
     33.  - (1) Paragraph (2) applies to any member of a GM transitional governing body who on the reconstitution date is - 

(a) a governor who was when appointed a foundation governor (within the meaning of the 1996 Act), other than an ex officio foundation governor; or

(b) a governor appointed by the local education authority.

    (2) Subject to paragraphs (3) and (7), a governor to whom this paragraph applies shall continue from midnight on the reconstitution date as a governor of the corresponding category required by the instrument of government (if any such category exists), even if he does not conform to the relevant requirements imposed by or under the 1998 Act for a governor of that category.

    (3) For the purposes of paragraph (2) above and paragraph (1) of regulation 34, a foundation governor (within the meaning of the 1996 Act) shall not be treated as a governor of a category corresponding to that of ex officio foundation governor.

    (4)

(a) A member of a GM transitional governing body holding a foundation governorship ex officio shall continue from midnight on the reconstitution date as a foundation governor if he is entitled under the instrument of government to be an ex officio foundation governor.

(b) Any other person entitled under the instrument of government to be an ex officio foundation governor shall become such a governor from midnight on the reconstitution date.

    (5) A head teacher shall continue as a governor from midnight on the reconstitution date unless (before the instrument of government is made) he has given written notice to the clerk to the GM governing body to the effect that he chooses not to be a governor from that date.

    (6) Paragraph (5) is without prejudice to the head teacher's right after the reconstitution date to give written notice to the clerk to the governing body to the effect that he chooses to be or not to be a governor.

    (7) No member of a GM transitional governing body shall continue in office under this regulation if the term for which he was originally appointed has expired.

    (8) This regulation is subject to regulation 34 (surplus governors) and paragraphs 1 to 5, 8 and 10 of Schedule 6 (disqualifications).

Removal of surplus governors
     34.  - (1) This regulation applies where a new GM school has more governors of any of the categories referred to in paragraph (1)(a) or (b) of regulation 33 than are required as governors of the corresponding category by the instrument of government.

    (2) Any person who would by virtue of any provision made by or under the 1996 Act have or have had power to remove any such governor shall have power to remove him for the purpose of eliminating the excess referred to in paragraph (1).

    (3) Where a governor is removed from office under paragraph (2), the person removing him shall give written notice thereof to the clerk to the GM transitional governing body.

    (4) Where the excess referred to in paragraph (1) is not eliminated - 

(a) by the required number of governors of that category resigning; or

(b) by the required number of governors of that category being removed under paragraph (2);

(in either case, with effect from a date before the reconstitution date) such number of governors of that category as is required to eliminate the excess shall cease to hold office at midnight on the reconstitution date.

    (5)

(a) The governors who are to cease to hold office under paragraph (4) shall be determined on the basis of seniority, the governor whose current period of continuous service (whether as a governor of one or more than one category) is the shortest being the first to cease to hold office.

(b) Where the governors in question are of equal seniority, the governors who are to cease to hold office shall be determined before the reconstitution date by drawing lots or, in default, by alphabetical order according to their surnames.

    (6) Any procedure set out in the instrument of government, as referred to in paragraph 17 of Schedule 9 to the 1998 Act, for removal of excess foundation governors shall not apply in relation to the reconstitution of the governing body under the instrument of government in accordance with this Part.

New governors
     35.  - (1) The GM transitional governing body shall secure that appointments or elections of governors required by the instrument of government take place before the reconstitution date with effect from midnight on that day.

    (2) In the case of any appointment referred to in paragraph (1) other than the appointment of additional co-opted governors, the clerk to the GM transitional governing body shall give written notice to the person who is to make the appointment unless that person has notified him of an appointment to fill the vacancy[15].

    (3) Where any person makes an appointment referred to in paragraph (1) they shall give written notice of the appointment to the clerk to the GM transitional governing body, specifying the name and usual place of residence of the person appointed.

Appointment or election of new governors
     36.  - (1) The following paragraphs apply in relation to the appointment or election of governors referred to in regulation 35(1).

    (2) The requirement in paragraph 14(4) of Schedule 9 to the 1998 Act (foundation governors of voluntary aided schools to include parents) shall apply only in so far as it is compatible with regulation 33(2) and (4).

    (3) Any co-opted governor (other than an additional co-opted governor) shall be appointed by members of the GM transitional governing body, in accordance with Schedule 3.

    (4) Any additional co-opted governor shall be appointed by members of the GM transitional governing body.

    (5) Any parent governor shall be either - 

(a) elected (after the school's opening date) by parents of registered pupils at the new GM school and himself such a parent at the time at which he is elected; or

(b) appointed as a parent governor (after the school's opening date) by the GM transitional governing body in the circumstances and subject to the provisions set out in Schedule 4.

    (6) Any partnership governor shall be a person who (after the school's opening date) is nominated as a partnership governor, and appointed as such, in accordance with Schedule 5.

    (7) Any staff governor shall be elected (after the school's opening date) by persons employed (under a contract of employment or a contract for services) to work at the new GM school otherwise than as teachers, and shall be himself a person so employed at the time when he is elected.

    (8) Any teacher governor shall be - 

(a) a person elected (after the school's opening date) by teachers at the new GM school; and

(b) such a teacher at the time when he is elected.

    (9) The quorum for a meeting of the GM transitional governing body to consider appointment of partnership governors, parent governors or co-opted governors (other than co-opted governors who are foundation governors) and any vote in connection with such appointments shall be any two-thirds (rounded up to a whole number) of the governors entitled to vote on those respective matters.

Joint appointments
     37. If - 

(a) the instrument of government provides for one or more governors to be appointed by persons acting jointly, and

(b) those persons fail to make an agreed appointment,

the appointment shall be made by, or in accordance with a direction given by, the Secretary of State.

Elections
     38. Regulation 19 shall also apply in relation to the election of governors referred to in regulation 35(1) but in regulation 19 for this purpose - 

(a) paragraph (1) shall be omitted;

(b) there shall be substituted for paragraph (2) - 

    " (2) Subject to paragraph (4), in this regulation "appropriate authority" means - 


(a) in relation to a new GM school which is a community or voluntary controlled school, the local education authority, and

(b) in relation to a new GM school which is a voluntary aided or foundation school, the GM transitional governing body.";



(c) there shall be substituted for paragraph (4) - 

    " (4) The local education authority shall be the appropriate authority in relation to a school within paragraph (2)(b), if the GM transitional governing body and the local education authority so agree."; and

(d) for paragraph (11) there shall be substituted:

    " (11) Where a local education authority are the appropriate authority, that authority shall exercise their functions under this regulation in a manner calculated to enable the GM transitional governing body to fulfil their duty under regulation 35(1)".

Tenure of office
     39. Regulation 20 shall also apply to the tenure of office of governors required at new GM schools by instruments of government or by regulation 30(4), but in regulation 20 for this purpose, for paragraphs (1) and (2), there is substituted - 

    " (1) A member of the GM transitional governing body who continues as a governor of the school from midnight on the reconstitution date (other than the head teacher or an ex officio foundation governor) shall hold office for the remainder of the term for which he was originally appointed or elected but for no longer than 4 years from the appointed day.

    (1A) Any other governor required by the instrument of government for a new GM school, or by regulation 30, other than - 


(a) the head teacher;

(b) a co-opted governor (not including an additional co-opted governor);

(c) an ex officio foundation governor; or

(d) a substitute governor,



shall hold office for a term of four years.

    (2) Any co-opted governor referred to in regulation 35(1) (other than an additional co-opted governor) shall hold office for the term of one year."

Qualifications and disqualifications
     40. Schedule 6 sets out the circumstances in which a person is qualified or disqualified for holding or continuing in office, or for being elected, appointed or nominated, as a governor of a new GM school required by an instrument of government.

(a) proposals to discontinue the school have been approved under section 169 or 340 of the 1996 Act or under paragraph 3 or 8 of Schedule 6 to the 1998 Act, or

(b) the local education authority have determined under section 170 of the 1996 Act or under paragraph 4 or 9 of the 1998 Act to implement the proposals to discontinue the school,

and in either case the date on which the proposals, as approved or determined, are to be implemented is on or before 1st January 2000.

    (3) In paragraph (2) references to proposals are to proposals with any modifications made under section 169 or 340(4) of the 1996 Act or paragraph 3 or 8 of Schedule 6 to the 1998 Act (but disregarding any modifications made under section 171 or 340(5) of the 1996 Act or paragraph 5 or 10 of Schedule 6 to the 1998 Act).

    (4)

(a) The instrument of government shall take effect from the date of making for the purpose of constituting the governing body but shall not affect the constitution or name of the governing body conducting the school pending constitution of the new governing body under the instrument of government.

(b) For all other purposes, the instrument of government shall take effect - 


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

(ii) if made (in default of the duty in paragraph (1)) on or after the appointed day, from the date of making.

    (5) The grouped 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.

Modifications to the 1998 Act where the instrument of government is made before the appointed day
     43.  - (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 grouped school to be made before the appointed day.

    (2) Paragraphs (2) and (3) of regulation 8 shall apply with the substitution of "grouped school" for "new LEA maintained school", in each place where those words occur, and the omission of the words "or proposed school".

    (3) Paragraph (4) of regulation 8 shall apply with the substitution of "grouped governing body" for "temporary governing body".

    (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 grouped under section 89 or 280 of the Education Act 1996, 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 under 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 constituting the governing body under the instrument of government but shall not affect the constitution or name of the governing body conducting the school pending constitution of the new governing body 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 - 

(a) "the governing body" shall be treated as references to the grouped governing body;

(b) "foundation governors" shall be treated as references to members of the grouped governing body who are foundation governors; and

(c) "the category of school to which the school belongs" shall be treated as references to the category of school to which the school will belong when it is a maintained school.

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

(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 school grouped under section 89 or 280 of the Education Act 1996 immediately before the appointed day, such instrument of government shall take effect from the date of making for all purposes (including for the purpose of constituting the governing body under the instrument of government) except that it shall not affect the constitution or name of the governing body conducting the school pending constitution of the new governing body under the instrument of government.".

    (4) References in paragraph 3 of Schedule 12 to the 1998 Act to - 

(a) "the governing body", shall be treated as references to the grouped transitional governing body; and

(b) "foundation governors" shall be treated as references to members of the grouped transitional governing body who were when appointed foundation governors within the meaning of the 1996 Act.

Additional co-opted governors and substitutes for ex officio foundation governors
     45. Regulations 10 and 11 and Schedule 1 shall apply.

Instrument of government
     46.  - (1) 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 grouped school will belong or belongs.

    (2) It shall be a sufficient compliance with paragraph (1) if the instrument of government is in a form substantially to the like effect to the relevant form set out in Schedule 2.

    (3) The grouped governing body or the grouped transitional governing body, as the case may be, shall not delegate decisions relating to the contents or preparation of the instrument of government, the appointment of governors required by the instrument of government, or the date when the governing body are constituted under the instrument of government.

Constitution of the governing body under the instrument of government
     47.  - (1) Any reference in regulation 47(2) to 48 to the grouped governing body shall be construed as a reference to the grouped transitional governing body at any time on or after the appointed day.

    (2) In relation to each grouped school, the grouped governing body shall notify in writing to the local education authority a date after 30th August 1999, but before 1st January 2000, which shall be the incorporation date.

    (3) The grouped governing body shall secure that appointments or elections of governors required by the instrument of government for a grouped school take place before the incorporation date with effect from - 

(a) midnight on the incorporation date; or

(b) midnight on the actual incorporation date if the grouped governing body notify such governors and the local education authority that (in default) the actual incorporation date falls after the incorporation date.

    (4) The date on which the governing body of a grouped school are constituted under the instrument of government, and incorporated under section 36(1) of the 1998 Act, is referred to in this Part as the actual incorporation date.

New governors
     48.  - (1) Regulations 15 to 18 shall apply in relation to each grouped school as if - 

(a) "regulation 47(3)" were substituted for "regulation 14(3)";

(b) "grouped governing body" were substituted for "temporary governing body";

(c) "grouped school" were substituted for "new LEA maintained school";

(d) "co-opted governors" were substituted for "temporary co-opted governors"; and

(e) "(after the school's opening date)" were omitted;

wherever those expressions occur.

    (2) Without prejudice to paragraph (1), regulation 16 shall apply as if - 

(a) the following paragraph were inserted after paragraph (4) - 

    " (4A) Any partnership governor shall be a person nominated as a partnership governor, and appointed as such, in accordance with Schedule 5.";

(b) in paragraph (7), "partnership governors," were inserted before "parent governors".

The grouped transitional governing body
     49.  - (1) In any case where the governing body of a maintained school which is a grouped school are not constituted under the instrument of government before the appointed day, the grouped governing body shall continue from that day as constituted immediately before that day, subject to and in accordance with this regulation and regulation 57[18].

    (2) In this regulation, "the relevant provisions" means - 

(a) the provisions in of the 1996 Act relating to the composition and name of grouped governing bodies, disqualification for office of members of such governing bodies and instruments of government for grouped schools;

(b) any regulations and instruments of government in force under those provisions (or as if made under those provisions) immediately before the appointed day.

    (3) The relevant provisions shall have effect for the purpose of determining the composition and name of the grouped transitional governing body and the circumstances in which a person is disqualified for office as a member of the grouped transitional governing body, but subject to the modifications in paragraph (4).

    (4) For this purpose the relevant provisions shall have effect as set out in this paragraph.

(a) The relevant provisions shall have effect as if any such instrument of government were required to provide and did provide for the local education authority to appoint the number of governors specified in sub-paragraph (a)(i) or (ii) below (as the case may be) if that is more than the number of governors appointed by the local education authority required by such instrument of government.


(i) Where the governing body of only one school in the group is not constituted under the instrument of government before the appointed day, the number specified is the minimum number of governors required to be appointed by the local education authority by Schedule 9 to the 1998 Act for a school of the category to which the school is allocated by Schedule 2 to the 1998 Act (taking account of whether the school is a primary, secondary or special school and the number of pupils registered at the school).

(ii) Where the governing body of more than one school in the group is not constituted under the instrument of government before the appointed day, the number specified is the number of governors that would be required to be appointed by the local education authority by sub-paragraph (i) above if the school requiring the smallest number of LEA governors were the only school in the group for which the governing body was not constituted under the instrument of government before the appointed day.



(b) The relevant provisions shall have effect as if, subject to any appointments required by sub-paragraph (a), they provided that no new appointments shall be made of governors under those provisions.

    (5) Members of the grouped transitional governing body shall continue in office, even if the term of office for which they were originally appointed has expired.

    (6) For the purposes of this Part the grouped governing body as constituted under this regulation from the appointed day shall be referred to as the grouped transitional governing body.

    (7) The grouped transitional governing body - 

(a) shall continue in existence as a body corporate; and

(b) shall so continue in existence as if, in relation to each grouped school, from the appointed day until the constitution of the governing body under the instrument of government or the discontinuance of the school if earlier, it were the governing body incorporated under section 36(1) of the 1998 Act, except that - 


(i) subject to these Regulations,provisions made by or under the 1998 Act relating to instruments of government, composition of governing bodies and disqualification of governors, and paragraphs 2(1) and 4 of Schedule 10 to the 1998 Act, shall not apply to the grouped transitional governing body; and

(ii) for the purposes of their meetings and proceedings, the grouped transitional governing body may treat one or more grouped schools (for which no governing body has been constituted under an instrument of government) as a single school.

Dissolution of grouped governing body or grouped transitional governing body
     50.  - (1) The grouped governing body shall notify the Secretary of State and the local education authority when - 

(a) they have fulfilled all their obligations under this Part;

(b) any transfers required by regulations 54 and 55 have been completed; and

(c) they no longer conduct any, grouped school, employ any staff at such a school, have any legal proceedings or applications pending by or against them, or have any property, rights or liabilities.

    (2) The grouped governing body are dissolved by virtue of this regulation - 

(a) on the date 3 months after the notification referred to in paragraph (1) is received by the Secretary of State; or

(b) if, prior to the date referred to in sub-paragraph (a), the Secretary of State has informed the grouped governing body that he is not satisfied as to any of the matters set out in the notification, such later date as may be specified in a written notice from the Secretary of State to the grouped governing body.

    (3) References in this regulation to the grouped governing body include a grouped transitional governing body.

Elections
     51. Regulation 19 applies in relation to the election of governors referred to in regulation 47(3) but in that regulation for this purpose - 

(a) paragraph (1) shall be omitted;

(b) there shall be substituted for paragraph (2);

    " (2) Subject to paragraph (4), in this regulation, "appropriate authority" means


(a) in relation to a grouped school which will be or is from the appointed day a community, community special or voluntary controlled school, the local education authority; and

(b) in relation to a grouped school which will be or is from the appointed day a voluntary aided, foundation or foundation special school, the grouped governing body before the appointed day and the grouped transitional governing body on and after that day.";



(c) In paragraph (4), for "the temporary governing body or the transitional governing body" there shall be substituted "the grouped governing body or the grouped transitional governing body".

(d) there shall be substituted for paragraph (11) - 

    " (11) Where a local education authority are the appropriate authority that authority shall exercise their functions under this regulation in a manner calculated to enable the grouped governing body or the grouped transitional governing body, as the case may be, to fulfil their respective duties under regulation 47(3)."

Tenure of office
     52. Regulation 20 shall apply, except that for each reference to a new LEA maintained school there shall be substituted a reference to a grouped school.

Qualifications and disqualifications
     53. Schedule 6 sets out the circumstances in which a person is qualified or disqualified for holding or continuing in office, or for being elected, appointed or nominated, as a governor of a grouped school required by an instrument of government or treated as if provided for by such an instrument of government by virtue of regulation 57.

Transfer of property
     54.  - (1) Subject to paragraphs (2), (4) and (5), in the case of each grouped school, on the transfer date - 

(a) all land or other property which, immediately before the transfer date, was property of the grouped governing body held or used for the purposes of the school; and

(b) all rights and liabilities of the grouped governing body subsisting immediately before that date which were acquired or incurred for those purposes,

shall be transferred to and, by virtue of this regulation, vest in either - 

(i) the governing body of the school constituted under the instrument of government, in the case of a grouped school which on or after the appointed day becomes a foundation or voluntary aided school, or

(ii) the local education authority, in the case of a grouped school which on or after the appointed day becomes a community, community special or voluntary controlled school.

    (2) Subject to paragraph (5), on the first transfer date, any property, rights and liabilities of a grouped governing body held or used or subsisting for the purposes of more than one school in the group shall, where the nature of the property, right or liability permits, be divided or apportioned between the schools, in such proportions as may be appropriate.

    (3) Where any estate or interest in land falls to be divided in accordance with paragraph (2) - 

(a) any rent payable under a lease in respect of that estate or interest; and

(b) any rent charged on that estate or interest;

shall be correspondingly divided or apportioned so that each part is payable in respect of, or charged on, only one part of the estate or interest and the other part or parts are payable in respect of, or charged on, only the other part or parts of the estate or interest.

    (4) Subject to paragraph (5), any such property, right or liability as is mentioned in paragraph (2), the nature of which does not permit its division or apportionment as so mentioned, shall be transferred either to the governing body of any one or other of the schools in the group which on or after the appointed day becomes a foundation or voluntary aided school or to the local education authority in the case of any school in the group which on or after the appointed day becomes a community, community special or voluntary controlled school, according to - 

(a) in the case of an estate or interest in land, whether on the first transfer date one or other of the schools appears to be in greater need of the security afforded by that estate or interest or, where none of them appears to be in greater need of that security, which of them appears on that date to be likely to make use of the land to the greater extent; or

(b) in the case of any other property or any right or liability, which of them appears on the first transfer date to be likely to make use of the property or (as the case may be) to be affected by the right or liability to the greater extent;

subject (in either case) to such arrangements for the protection of the other school or schools concerned as may be appropriate.

    (5) Paragraphs (1), (2) and (4) shall not apply to - 

(a) rights and liabilities under any contract of employment; or

(b) any land or other property vested in the grouped governing body as trustees.

    (6)

(a) Section 198(3) of and paragraphs 2 to 10 of Schedule 10 to the Education Reform Act 1988 (which make further provision in relation to transfers of property, rights and liabilities) shall apply to transfers under this regulation with the following modifications.

(b) Paragraph 2(1) of Schedule 10 shall apply subject to - 


(i) the reference to "paragraph 1(4) above" shall be treated as a reference to "paragraph (4) of regulation 54 of the Education (Transition to New Framework) (New Schools, Groups and Miscellaneous) Regulations 1999";

(ii) in sub-paragraph 1(a) the substitution of "other school or schools concerned" for "transferor"; and

(iii) in sub-paragraph 1(b) the substitution of "other school or schools concerned" for "transferor" in the last place where that word occurs.



(c) References in section 198(3) and in the said paragraphs of Schedule 10, as they apply for the purposes of this regulation, to the transfer date are to the transfer date as it is defined for the purposes of this regulation.

    (7)

(a) In this regulation, "first transfer date" means the transfer date of the first school in the group to have a governing body constituted under the instrument of government and "transfer date", in relation to a grouped school, means the appointed day or the day after the actual incorporation date, if different.

(b) References in this regulation to the grouped governing body include a grouped transitional governing body.

(c) References in this regulation to a school or schools in the group shall include a school or schools which were in the group immediately before the first transfer date.

Transfer of staff
     55.  - (1) Subject to paragraph (2), this regulation shall apply to any person who immediately before the transfer date is employed by the grouped governing body of - 

(a) a grouped school which is an aided school, (or which, immediately prior to the appointed day, was an aided school); or

(b) a grouped school which is a grant-maintained school (or which, immediately prior to the appointed day, was a grant-maintained school).

    (2) This regulation shall not apply to any person whose contract of employment terminates on the day immediately preceding the transfer date.

    (3) A person who before the transfer date in relation to a grouped school within paragraph (1)(a) or (b) has been appointed by the grouped governing body of that school to work at the school as from the transfer date shall be treated for the purposes of this regulation as if he had been employed by the grouped governing body immediately before that day to do such work at the school as he would have been required to do on or after that day under his contract of employment with the grouped governing body.

    (4) The contract of employment between a person to whom this regulation applies and his former employer shall have effect from the transfer date as if originally made between him and his new employer.

    (5) Without prejudice to paragraph (4) - 

(a) all the former employer's rights, powers, duties and liabilities under or in connection with the contract of employment shall by virtue of this regulation be transferred to the new employer on the transfer date; and

(b) anything done before that date by or in relation to the former employer in respect of that contract or the employee shall be deemed from that day to have been done by or in relation to the new employer.

    (6) Paragraphs (4) and (5) are without prejudice to any right of an employee to terminate his contract of employment if a substantial change is made to his detriment in his working conditions, but no such right shall arise by reason only of the change in employer effected by this regulation.

    (7) In this regulation - 

"aided school" has the meaning in the 1996 Act;

"first transfer date" means the transfer date of the first school in the group to have a governing body constituted under the instrument of government;

"the former employer" means the grouped governing body;

"the new employer" - 

(a) in the case of a person who, immediately before the transfer date in relation to a school within paragraph (1)(a) above, was employed by the grouped governing body to work solely at that school, means the governing body of that school constituted under the instrument of government;

(b) in the case of a person who, immediately before the first transfer date in relation to a school within paragraph 1(a) above, was employed by the grouped governing body to work at more than one school in the group, shall be determined by the grouped governing body before the first transfer date and shall be either the governing body of one of the grouped schools constituted under an instrument of, subject to paragraph (9), government or the local education authority, provided that the authority has given its prior consent to becoming the employer;

(c) in the case of a person who, immediately before the transfer date in relation to a school within paragraph (1)(b) above, was employed by the grouped governing body to work solely at that school means;


(i) where on the appointed day the school becomes a foundation or voluntary aided school, the governing body of that school constituted under the instrument of government; and

(ii) where on the appointed day the school becomes a community or voluntary controlled school, the local education authority; and



(d) in the case of a person who, immediately before the first transfer date in relation to a school within paragraph (1)(b) above, was employed by the grouped governing body to work at more than one school in the group, shall be determined by the grouped governing body before the first transfer date and shall be either;



(i) the governing body constituted under an instrument of government of one of the grouped schools, which on the appointed day becomes a foundation or voluntary aided school, or

(ii) the local education authority, in the case of a grouped school which on the appointed day becomes a voluntary controlled or community school or (provided that the authority has given its prior consent to becoming the employer and subject to paragraph (9)) in the case of a grouped school which on the appointed day becomes a foundation or voluntary aided school; and

"transfer date" in relation to a grouped school means the appointed day or the day after the actual incorporation date, if different.

    (8) References in this regulation to the grouped governing body include a grouped transitional governing body.

    (9) A local education authority may only become th new empolyer of a person employed to work at a foundation or voluntary aided school under this regulation where that person is employed to work in a non-teaching post.

Modification of section 73 of the 1998 Act
     56. Section 73 of the 1998 Act shall not apply to the transfers of staff from a grouped governing body.

(a) an additional governor, or an additional foundation governor, appointed under section 27 of the School Inspections Act 1996[19];

(b) an additional governor, or an additional foundation governor, appointed under section 16 of the 1998 Act; or

(c) an additional governor appointed by the Secretary of State under section 18 of the 1998 Act,

of a current or grouped school to which this Part applies.

    (2) In this regulation, "current school" means a county, voluntary or maintained special school, other than a school falling within regulation 1(2) or (4).

    (3) Any governor to whom this regulation applies shall continue in office from the appointed day, subject to any provisions applying in relation to disqualification or term of office.

    (4) The instrument of government for the school shall have effect as if (despite anything in Part II of Schedule 9 to the 1998 Act) it provided for any governor who continues in office by virtue of this regulation to be a member of the governing body.

    (5) Where - 

(a) in the case of a current school, the instrument of government is not made before the appointed day; or

(b) in the case of a grouped school, the governing body are not constituted under the instrument of government before the appointed day;

the transitional governing body (within the meaning in the First Transitional Regulations), or the grouped transitional governing body, as the case may be, shall include any governor to whom this regulation applies.

    (6) A governor referred to in paragraph (5) shall continue in office until the governing body are constituted under the instrument of government, even if the term for which he was originally appointed has expired, but shall continue as a member of the governing body constituted under the instrument of government if the term for which he was originally appointed has expired.

    (7) Subject to paragraph (6), any governor to whom this regulation applies who was appointed to hold office for a fixed term shall hold office for the remainder of the term for which he was appointed, but for no longer than 4 years from the appointed day.

    (8) Regulation 23 of the First Transitional Regulations shall be amended by the addition of the following words at the end:

" or treated as if provided for by such an instrument of government by virtue of regulation 57(4) of the Education (Transition to New Framework) (New Schools, Groups and Miscellaneous) Regulations 1999.".

Additional governors at new or grouped GM schools ceasing to hold office
     58.  - (1) This regulation applies to any member of a GM governing body or a grouped governing body, who is at midnight on 31st August 1999, at a school to which this Part applies, an additional governor or an additional first, foundation or core governor appointed under any provision in an instrument of government (within the terms of the 1996 Act) required by:

(a) section 230 of the 1996 Act; or

(b) section 287 of the 1996 Act.

    (2) Any governor to whom this regulation applies shall cease to hold office at midnight on 31st August 1999.

    (3) Paragraph (2) shall not disqualify a person for election or appointment as a governor of the school in question from midnight on 31st August 1999.

Additional governors at other GM schools ceasing to hold office
     59. Regulation 12(3) of the First Transitional Regulations shall be amended by the addition of "or" before sub-paragraph (b) and the omission of "or" before sub-paragraph (c) and of sub-paragraph (c).

[15] 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

[16] The School Standards and Framework Act 1998 (Commencement No. 5 and Saving and Transitional Provisions) Order 1999 (1999 No. 120(c.3)) brings into force the repeal of sections 54(6)(c), 89(1) and (2), sections 90, 91, 92(1), (2) and (4), 94 and 95 of the 1996 Act from 10th March 1999.back

[17] As modified by regulation 43.back

[18] If new governing bodies for all the schools in the group are constituted under instruments of government before the appointed day, the grouped governing body continues until dissolved under regulation 50.back

[19] 1996 c.57.back