The New Maintained Schools (Wales) Regulations 2005

PART 1 Introduction

Title, commencement and application

1.—(1) The title of these Regulations is the New Maintained Schools (Wales) Regulations 2005 and they come into force on 31 October 2005

(2) These regulations apply in relation to Wales.

Revocation, savings and transitional provisions

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

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

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

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

Interpretation

3.—(1) In these Regulations—

“the 1996 Act” (“Deddf 1996”) means the Education Act 1996(3);

“the 1998 Act” (“Deddf 1998”) means the School Standards and Framework Act 1998;

“the 2000 Act” (“Deddf 2000”) means the Learning and Skills Act 2000(4);

“the 2002 Act” (“Deddf 2002”) means the Education Act 2002;

“the Government Regulations” (“y Rheoliadau Llywodraethu”) means the Government of Maintained Schools (Wales) Regulations 2005(5);

“head teacher” (“pennaeth”) includes 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” (“awdurdod addysg lleol”) means the local education authority by which a maintained school is, or a proposed such school is to be, maintained;

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

“pupil” (“disgybl”) has the meaning given by section 3 of the Education Act 1996(6); and

“school teacher” (“athro neu athrawes ysgol”) has the meaning given by section 122 of the 2002 Act.

(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) In these Regulations the “general modifications” mean the following modifications to the Government Regulations—

(a) “new school” is substituted for “school” and “maintained school”;

(b) “temporary” is inserted before the words “governing body”, “governor” and “governorship”;

(c) references to a particular category of governor are to be read as references to the corresponding categories of temporary governor set out in Part 3 of these Regulations; and

(d) references to a head teacher are to include a person who has been appointed as the head teacher of a new school but who has not yet taken up the post.

(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 is to be interpreted in accordance with Part 3.

(5) Unless the context otherwise requires, any reference in these Regulations to—

(a) a numbered regulation is a reference to the regulation bearing that number in these Regulations;

(b) a numbered paragraph is a reference to the paragraph bearing that number in the regulation in which the reference appears; and

(c) a numbered sub-paragraph is a reference to the sub-paragraph bearing that number in the paragraph in which the reference appears.

Service of notices

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

(1)

S.I. 1998/3097.

(2)

S.I. 1999/2243 (W.3).

(3)

1996 c. 56.

(4)

2000 c. 21.

(5)

S.I. 2005/2914 (W. 211).

(6)

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