The Schools Forums (England) (Amendment) Regulations 2004

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" (d) subject to sub-paragraph (e), where the relevant authority maintain one or more nursery schools, they may instead of treating a nursery school as a primary school, ensure that at least one schools member shall be a representative of a nursery school;

(e) if by 1st September 2004 no new elections have been held pursuant to the addition of nursery schools, the authority shall ensure that at least one schools member shall be a representative of a nursery school.".

    (4) In regulation 4(3)(a), after the word "authority" insert the following words - 

" and (subject to regulation 4(2)(d)) includes a maintained nursery school."

    (5) In regulation 6, after paragraph (2) insert the following paragraphs - 

    " (3) Where there is one Academy situated in the relevant authority's area, the governing body of that Academy may nominate an observer, who shall be entitled to attend all meetings of the forum.

    (4) Where there are two or more Academies situated in the relevant authority's area, the governing bodies of those Academies may jointly nominate one observer.

    (5) If the governing bodies cannot agree the selection of the observer, they may each nominate an observer for one year in turn. The observer for the first year shall be from the first of the Academies to have opened and subsequent observers shall be from each Academy in chronological order of its opening. Where two or more Academies open on the same day, selection shall be in alphabetical order of the name of the Academy."

David Miliband
Minister of State Department for Education and Skills

23rd February 2004

[2] S.I. 2002/2114.back

[3] The definition of schools maintained by the local education authority is thus to be interpreted in accordance with section 45(3)(a) (as amended by paragraph 99 of Schedule 21 to the Education Act 2002) and section 142(1) of the School Standards and Framework Act 1998, with the effect that the regulations as amended apply to maintained nursery schools.back