The Education (New Procedures for Property Transfers) Regulations 2000

Explanatory Note

(This note is not part of the Regulations)

These Regulations make provision for dealing with transfers of property, rights and liabilities under various provisions in the Education Reform Act 1988, the Further and Higher Education Act 1992 and the School Standards and Framework Act 1998 when the Education Transfer Council has been dissolved. The Council will be dissolved on 31st December 2000, by order of the Secretary of State.

Regulation 3 relates to the provision of information to the Secretary of State by specified bodies.

Regulation 4 provides that any reference in a determination of the Education Transfer Council to a matter being referred to the Council in the event of the parties failing to reach agreement shall be read as requiring the matter to be referred to the Secretary of State in such event.

Regulation 5 to 7 deal with transfers in relation to schools changing category or joining or leaving a group for which a foundation body acts. They apply transfer provisions in section 198 of and Schedule 10 to the Education Reform Act 1988 to such transfers with modifications. The effect of these modifications is that most of the functions of the Council set out in those provisions are performed by the Secretary of State for Education and Employment, in relation to England, or the National Assembly, in relation to Wales.

Regulations 8 to 14 deal with transfers to further education corporations under the Further and Higher Education Act 1992. They apply provisions of section 36 of and Schedules 5 and 7 to the 1992 Act to such transfers with modifications. The effectof these modifications is as set out above in relation to regulations 5 to 7, Section 34 is also modified by the omission of the reference to the Education Transfer Council. Regulations 13 and 14 contain saving provisions in relation to pending appeals.

Regulations 15 to 19 deal with outstanding transfers to former grant-maintained schools. Section 198 of and Schedule 10 to the Education Reform Act 1988 continue to apply to such transfers by virtue of saving provisions in article 4 of the School Standards and Framework Act 1998 (Commencement No.5 and Saving and Transitional Provisions) Order 1999 (S.I. 1999/120) and article 8 of the School Standards and Framework Act 1998 (Commencement Order No.7 and Saving and Transitional Provisions) Order 1999 (S.I.1999/2323). Regulations 15 to 19 of these Regulations apply provisions of section 198 of and Schedule 10 to the Education Reform Act 1988 to such transfers with modifications. The effect of these modifications is that most of the functions of the Council set out in these provisions are performed by the Secretary of State for Education and Employment. Regulations 18 and 19 contain saving provisions in relation to pending appeals.

Schedule 1 sets out provisions of section 198 of and Schedule 10 to the Education Reform Act 1988, modified in accordance with regulations 5 to 7, as they apply to land transfers in relation to schools changing category or joining or leaving foundation bodies.

Schedule 2 sets out provisions of section 36 of and Schedule 5 to the Further and Higher Education Act 1992, modified in accordance with regulations 8, 10, and 11, as they apply to property transfers under that Act.

Schedule 3 sets out provisions of section 198 of and Schedule 10 to the Education Reform Act 1988, modified in accordance with regulations 15 to 17, as they apply to property transfers to former grant-maintained schools.