New Schools (General) (England) Regulations 2003

PART 1 Introduction

Citation and commencement

1.  These Regulations may be cited as the New Schools (General) (England) Regulations 2003 and shall come into force on 10th July 2003.

Revocation, savings and transitional provisions

2.—(1) The Education (Government of New Schools on Transition to New Framework) Regulations 1998(1) are hereby revoked(2).

(2) Parts I to V, VII and VIII of the Education (New Schools) (England) Regulations 1999(3) (“the 1999 Regulations”) are revoked save as provided in paragraphs (3) and (4).

(3) Part I of the 1999 Regulations shall continue to have effect in so far as it relates to Part VI.

(4) Parts I to IV of the 1999 Regulations shall continue to have effect in relation to any temporary governing body established prior to the coming into force of these Regulations.

3.  Regulations 21(1), 26, 27, 31, 32(2), 34(2) of the Education (School Government) (England) Regulations 1999(4) (“the School Government Regulations”) are hereby revoked.

4.  The revocation of the following provisions of the School Government Regulations 1999 made by regulation 2 of the School Governance (Constitution) (England) Regulations 2003(5) has effect on 10th July 2003 instead of 1st September 2003:

(a) the words “and new schools” in regulation 1(3);

(b) the definitions of “temporary governing body” and “temporary governors” in regulation 2(2); and

(c) the words “or temporary governing body (however constituted)” and “or (as the case may be) new school” in regulation 3.

5.  The revocation of the following provisions of the School Government Regulations made by regulation 2 of the School Governance (Procedure) (England) Regulations 2003(6) has effect on 10th July 2003 instead of 1st September 2003:

(a) the words “Subject to paragraph (1),” in regulation 21(2);

(b) the words “or new school” in regulation 28;

(c) the words “(other than the temporary governing body of a new school)” in regulations 29(1) and 30(1);

(d) the words “,other than a new school,” in regulation 34(1);

(e) the words “or (2)” and “, or a meeting of the temporary governing body as often as occasion may require” in regulation 42(1)(u);

(f) the words “or a new school” in regulations 45(1) and 57(1)(a); and

(g) paragraph (3) of regulation 56.

Interpretation

6.—(1) In these Regulations–

“the 1996 Act” means the Education Act 1996(7);

“the 1998 Act” means the School Standards and Framework Act 1998;

“the 2000 Act” means the Learning and Skills Act 2000(8);

“the 2002 Act” means the Education Act 2002;

“the Constitution Regulations” means the School Governance (Constitution) (England) Regulations 2003;

“head teacher designate” means a person who has been appointed as the head teacher of a new school but who has not yet taken up the post;

“local education authority” means the local education authority by which a maintained school is, or a proposed such school is to be, maintained;

“new school” has the meaning given by section 72(3) of the 1998 Act; and

“pupil” has the meaning given by section 3 of the Education Act 1996(9).

(2) In these Regulations, references to a school having a delegated budget are to be interpreted in accordance with section 39(2) of the 2002 Act.

(3) Prior to the coming into force of section 122 of the 2002 Act, when it shall be interpreted in accordance with that provision, “school teacher” means a teacher who is employed by–

(a) a local education authority, or

(b) a governing body,

in the provision of primary or secondary education.

(4) Any reference in these Regulations to–

(a) a committee is a reference to a committee established by the temporary governing body to which the temporary governing body has delegated any of its statutory functions;

(b) a temporary governing body is a reference to the temporary governing body of any school or proposed school in respect of which the provision applies;

(c) a temporary governor of a particular category shall be interpreted in accordance with Part 3.

Service of notices

7.  Any notice required to be served by or under these Regulations shall be served in accordance with section 572 of the 1996 Act.

(1)

SI 1998 No. 3097.

(2)

The revocation applies only in relation to England.

(3)

SI 1999 No. 2262.

(4)

SI 1999 No. 2163.

(5)

SI 2003 No. 348.

(6)

SI 2003 No. 1377.

(7)

1996 c. 56.

(8)

2000 c. 21.

(9)

Section 3 was amended by paragraph 34 of Schedule 21 to the Education Act 2002.