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5.—(1) Notwithstanding the repeal of Chapter V of Part II of the 1996 Act on 1st April 1999(1), a scheme such as is mentioned in section 101(1) of that Act which provides for the application of sections 136(2), 137(6) and 139 of, and Schedule 14 to, that Act as referred to in section 140(3) of that Act, shall continue to apply for the purpose of applying those provisions or “the relevant staffing provisions” as defined in section 56(4) of the 1998 Act.
(2) Where, in relation to the period beginning on 1st April 1999, a local education authority wish to make new provision for the application of sections 136(2) and 137(6) of, and Schedule 14 to, the 1996 Act and section 57 of the 1998 Act(2) as referred to in section 140(3) of the 1996 Act, whether or not such provision has previously been made by a scheme referred to in section 101(1) of that Act, they may do so by making a determination under this regulation and giving notice of it in writing to the governing body of the school.
See S.I. 1998/2212 (C. 49).
Section 57 of the 1998 Act is a repeal and re-enactment of section 139 of the 1996 Act and applies in relation to county, voluntary and maintained special schools by virtue of S.I. 1999/638.
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