Education Act 1993 (Commencement No. 2 and Transitional Provisions) Order 1993

2.—(1) This paragraph applies in relation to any school if immediately before 1st January 1994—

(a) the governing body of the school are under a duty to publish proposals in accordance with section 62 of the 1988 Act for the acquisition of grant-maintained status for the school;

(b) such proposals have been published in relation to the school, but not determined by the Secretary of State in accordance with section 62(11) of that Act; or

(c) such proposals have been approved, but the governing body constituted in accordance with the proposals have not been incorporated in accordance with section 62(14) of that Act.

(2) In relation to any such school for the period specified in sub-paragraph (3) below—

(a) sections 23, 25 to 37, 59 to 67 and 71 to 77 of, and Part I of Schedule 3 and Schedules 4 and 7 to, the Act shall not apply;

(b) the repeal of sections 52(4) to (9), 53(8) (as it relates to the definition of “foundation governor”), 53(9), 60(7) to (9) and 61 to 71 of the 1988 Act, subsections (1)(a) and (b), (f) to (h) and (2) and (3) (as it relates to the definition of “incorporation date”) of section 104 of that Act, and paragraphs 1 to 4 and 6 of Schedule 5 to that Act shall not have effect; and

(c) the amendments made by—

(i) section 47(5) of the Act to section 197(7) of the 1988 Act;

(ii) section 47(6) of the Act to paragraph 61 of Schedule 8 to the Further and Higher Education Act 1992(1);

(iii) section 47(7) and (8) of the Act to paragraphs 1(1) and 4(1) of Schedule 10 to the 1988 Act;

(iv) paragraph 24(b) of Schedule 19 to the Act to section 114 (1E) of the Education Act 1944(2);

(v) paragraph 130 of Schedule 19 to the Act to section 119(2) of the 1988 Act (in so far as it has effect for the purpose of omitting “52(4)”); and

(vi) paragraph 164 of that Schedule to section 5 of the Diocesan Boards of Education Measure 1991(3),

shall not have effect.

(3) Sub-paragraph (2) above shall have effect in relation to such a school for the period beginning on 1st January 1994 and ending on—

(a) where—

(i) the ballot by reference to the result of which the governing body are under a duty to publish proposals is declared void in accordance with section 61(11) of the 1988 Act, and

(ii) the fresh ballot held in accordance with that section does not show a majority in favour of seeking grant-maintained status for the school,

the date on which the result of that fresh ballot is determined;

(b) where the proposals for acquisition of grant-maintained status referred to in (as the case may be) sub-paragraph (1)(a) or (b) above, or any proposals required in substitution for those proposals, are rejected by the Secretary of State or withdrawn, the date on which the proposals are so rejected or withdrawn; or

(c) in any other case, the incorporation date in relation to the school (within the meaning of section 104(3) of the 1988 Act).

(4) Where in any case to which sub-paragraph (3)(a) above applies a second ballot is required to be held because the total number of votes cast in the fresh ballot is less than fifty per cent of the number of persons eligible to vote in that ballot, the reference in that sub-paragraph to the fresh ballot shall have effect as if it were a reference to the second ballot so held.

(5) The reference in sub-paragraph (3)(b) above to proposals required in substitution for any proposals for the acquisition of grant-maintained status (“the original proposals”) is to any proposals required to be published under section 62(4) or (12) of the 1988 Act on withdrawal or (as the case may be) rejection of—

(a) the original proposals; or

(b) any further proposals required to be published by virtue of section 62(4) or (12) in respect of the school without a further ballot.

(6) Proposals published under section 62 of the 1988 Act with respect to a school shall not be treated for the purposes of sub-paragraph (3)(b) above as rejected in any case where the Secretary of State imposes a requirement under section 62(12) of that Act or as withdrawn in any case where he imposes a requirement under section 62(4) of that Act.

(7) Where in the case of any school to which this paragraph applies the proposals for acquisition of grant-maintained status referred to in sub-paragraph (1) above are approved, section 56 of the Act shall have effect as if it required the initial instrument and articles of government to have effect from the incorporation date in relation to the school (within the meaning of section 104(3) of the 1988 Act).

(1)

1992 c. 13.

(2)

1944 c. 31; subsection (1E) of section 114 was revised by paragraph 10 of Schedule 13 to The Children Act 1989 (c. 41).

(3)

1991 No. 2.