The Education (Grant-maintained Special Schools) (Initial Governing Instruments) Regulations 1994

Interpretation

1.—(1) In these Articles—

“the 1988 Act” means the Education Reform Act 1988(1);

“the 1993 Act” means the Education Act 1993(2);

“the Clerk to the Governing Body” means the person appointed by the Governing Body in accordance with the instrument of government to be the clerk to the Governing Body;

“funding authority” has the meaning assigned to it by section 5(1) of the 1993 Act;

“the Governing Body” means the governing body of any grant-maintained special school to which these Articles apply by virtue of paragraph 2(1) and (3) of Schedule 11 to the 1993 Act;

“the Head Teacher” means the person appointed to be the head teacher or acting head teacher of the School;

“registered”, in relation to parents or pupils, means shown in the register kept under section 80 of the Education Act 1944(3);

“the School” means the school conducted by the Governing Body;

“school day” has the meaning assigned to it by section 65(1) of the Education (No. 2) Act 1986(4); and

“school holidays” includes any school holidays which are not less than five days in length and which take place during the course of a term.

(2) In these Articles, unless the context otherwise requires, “parent”, in relation to a pupil at the School, includes any person—

(a) who is not a parent of his but who has parental responsibility for him, or

(b) who has care of him,

except for the purposes of Article 12, where it only includes such a person if he is an individual.

(3) For the purposes of paragraph (2) above—

(a) “parental responsibility” has the same meaning as in the Children Act 1989(5); and

(b) in determining whether an individual has care of a pupil, any absence of the pupil at a hospital or boarding school and any other temporary absences shall be disregarded.

(4) For the purposes of these Articles, any question whether a pupil belongs to the area of a particular local education authority shall be determined, as it would for the purposes of the Education Act 1980(6), in accordance with regulations made under section 38(5) of that Act(7).

(1)

1988 c. 40.

(2)

1993 c. 35.

(3)

1944 c. 31; section 80 was amended by paragraph 5 of Schedule 12 to the Education Reform Act 1988 (c. 40).

(4)

1986 c. 61.

(5)

1989 c. 41, section 3.

(6)

1980 c. 20.

(7)

The current regulations are the Education (Areas to which Pupils and Students Belong) Regulations 1989 (S.I. 1989/2037, amended by 1990/361 and 1990/1653).