The Education (School Government) (Wales) Regulations 1999

Interpretation

2.—(1) In these Regulations, unless the context otherwise requires—

“the 1996 Act” means the Education Act 1996(1);

“the 1998 Act” means the School Standards and Framework Act 1998;

“the Assembly” means the National Assembly for Wales;

“additional co-opted governor” means a co-opted governor required by virtue of paragraph 15 of Schedule 9 to the 1998 Act;

“employee of the local education authority” means a person employed by the local education authority in connection with their functions as a local education authority;

“employed to work” means employed under a contract of employment or a contract for services;

“the First Transitional Regulations” means the Education (School Government) (Transition to New Framework) Regulations 1998(2);

“the head teacher”, if there is more than one head teacher of the school in accordance with the Education (Head Teachers) Regulations 1999(3), means any head teacher of the school;

“maintained school” means a community, community special, voluntary, foundation or foundation special school;

“new school” means a maintained school or proposed such school conducted by a temporary governing body constituted under section 44 of the 1998 Act or a transitional governing body treated as so constituted by virtue of regulation 13(5) of the Second Transitional Regulations, or a temporary governing body treated as so constituted by virtue of regulation 13 of the School Organisation Regulations;

“School Organisation Regulations” means the Education (Transition to New Framework) (School Organisation Proposals) Regulations 1999(4);

“the Second Transitional Regulations” means the Education (Transition to New Framework) (New Schools, Groups and Miscellaneous) Regulations 1999(5);

“selection panel” means a selection panel for the appointment of head teachers or deputy head teachers constituted under paragraph 6 of Schedule 16 or paragraph 7 of Schedule 17 to the 1998 Act.

(2) Except where the context otherwise requires, the expressions used in these Regulations set out in the first column of the table below have the meaning given by (or, as the case may be) are to be interpreted in accordance with, the provisions referred to in the second column of that table:

“appropriate diocesan authority” (in relation to a Church in Wales or Roman Catholic Church school)section 142(1) of the 1998 Act;
“Education Action forum”section 11(2)(6) of the 1998 Act;
“education action zone”section 10(1)(6) of the 1998 Act;
“have a delegated budget”section 49(7) of the 1998 Act;
“instrument of government”section 37(1) of the 1998 Act;
“representative governor”paragraph 10 of Schedule 9 to the 1998 Act;
“school year”section 579(1) of the 1996 Act(7);
“temporary governing body” and “temporary governors”section 44 of the 1998 Act and regulation 13(5) of the Second Transitional Regulations and regulation 13 of the School Organisation Regulations.

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

(a)a numbered Part, regulation or Schedule is a reference to the Part, regulation or Schedule in these Regulations so numbered;

(b)a numbered paragraph is a reference to the paragraph so numbered in the regulation or Schedule in which the reference appears; and

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

(2)

S.I. 1998/2763.

(3)

S.I. 1999/1287.

(4)

S.I. 1999/704.

(5)

S.I. 1999/362.

(6)

Sections 10–13 of the 1998 Act will not apply in relation to Wales unless an Order to that effect has been made by the Assembly see section 10(8) of that Act. No such Order has yet been made.

(7)

The definition of “school year” is inserted by paragraph 43 of Schedule 7 to the Education Act 1997 (c. 44).