The Education (Government of Groups of Grant-maintained Schools) Regulations 1994

Applications and modifications pursuant to section 127(5)(c)

2.  Where proposals for the purposes of subsection (1)(a) or (b) of section 127 of the Act(1) are approved sections 119 to 123 of the Act, Schedule 8 (as modified, where appropriate, by regulation 3 below) to the Act and the instrument of government of a group shall have effect in relation to any person who becomes a member of the governing body of a group—

(i) before the date of implementation of the proposals, or

(ii) before the date on which the first instrument under section 57(1) of the Act for the governing body comes into effect,

with the following modifications:—

(a) section 119(2) shall have effect, in relation to any person who becomes a member of the governing body of a group before the date on which the first instrument under section 57(1) of the Act comes into effect, as if for the words “not be” there were substituted the words “be as specified in the proposals not being”, and

(b) section 119(5) shall have effect in relation to a person who was elected, appointed or nominated before the date of incorporation of the governing body as if the reference to four years were to four years from the date of incorporation;

(c) section 120(1) shall have effect, in relation to any person who becomes a member of the governing body of a group before the date on which the first instrument under section 57(1) of the Act comes into effect, as if there were added at the end of the subsection the words “in accordance with the proposals”.

(d) section 120(4) shall have effect in relation to a person who was elected, appointed or nominated before the date of incorporation of the governing body of the group as if the reference to four years were to four years from the date of incorporation;

(e) in section 122(3) for the words “may be specified in the instrument” there are substituted the words “is specified in the proposals”; and

(f) in relation to Schedule 8:—

(i) references to the governing body are to a governing body or governing bodies required under any enactment(2), or under any proposals, to select initial core governors and any requirement imposed by that Schedule in relation to the appointment of core governors by the governing body shall apply to such selection;

(ii) that Schedule shall have effect, in relation to any person who becomes a member of the governing body of a group before the date on which the first instrument under section 57(1) of the Act comes into effect, so that the number of core governors appointed by a governing body or governing bodies or, as the case may be, externally appointed shall be in accordance with the proposals being a number which meets the requirements in that Schedule;

(iii) paragraph 2(3) shall have effect, in relation to any person who becomes a member of the governing body of a group before the date on which the first instrument under section 57(1) of the Act comes into effect as if for “instrument of government” there were substituted “proposals”.

(1)

The relevant regulations made under this section are the Education (Groups of Grant-maintained Schools) Regulations 1994 (S.I. 1994/1041).

(2)

see regulation 27 of the Education (Groups of Grant-maintained Schools) Regulations 1994 (S.I. 1994/1041).