The Education (Special Schools Conducted by Education Associations) Regulations 1994

Transfer to education associations of responsibility for conduct of maintained special schools

4.  The Education (Acquisition of Grant-maintained Status) (Transitional Functions) Regulations 1993(1) shall have effect in relation to the exercise by an education association named in an order made under section 220 of the Act in respect of a maintained special school of the functions conferred on them under Schedule 4 to the Act during the period beginning when the order is made and ending immediately before the transfer date as they have effect in relation to the exercise by a new governing body incorporated under section 34(1) of the Act of their functions under that Schedule, with the following modifications—

(a) in regulation 3(1), for the reference to the implementation date there is substituted a reference to the transfer date;

(b) regulations 3(2) and 4(4) are omitted;

(c) for regulation 4(5) and (6) there is substituted the following—

“(5) The education association shall—

(a) interview such applicants for the post as they think fit; and

(b) where they consider that it is appropriate to do so, appoint one of the applicants interviewed by them.

(6) If the education association do not appoint any of the applicants interviewed by them, they—

(a) may, if they think fit, re-advertise the vacancy in the manner required by paragraph (3) above; and

(b) whether or not they re-advertise the vacancy, may repeat the steps mentioned in paragraph (5) above.”;

(d) in regulation 5(3), for the reference to the implementation date there is substituted a reference to the transfer date; and

(e) in regulation 7(1)(d), for the reference to the school becoming grant-maintained there is substituted a reference to the school beginning to be conducted by the education association.

(1)

S.I. 1993/3072.