The Education (New Schools) (Wales) Regulations 1999

PART I INTRODUCTION

Citation, commencement and application

1.—(1) These Regulations may be cited as the Education (New Schools) (Wales) Regulations 1999 and shall come into force on 1st September 1999.

(2) These Regulations apply in relation to maintained schools and proposed such schools in Wales.

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;

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

“the Assembly” means the National Assembly for Wales;

“local education authority” means the local education authority by which a maintained school or a proposed such school is, or is to be, maintained;

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

“Main School Government Regulations” means the Education (School Government) (Wales) Regulations 1999(2);

“School Organisation Regulations” means the Education (Transition to New Framework) (School Organisation Proposals) Regulations 1999(3);

“the Second Transitional Regulations” means the Education (Transition to New Framework) (New Schools, Groups and Miscellaneous) Regulations 1999(4).

(2) 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:

“arrangements”	section 44(1) of the 1998 Act;
“Education Action Forum”	section 11(2)(5) of the 1998 Act;
“education action zone”	section 10(1)(5) of the 1998 Act;
“instrument of government”	section 37(1) of the 1998 Act;
“school opening date”	section 44(9) of the 1998 Act;
“sponsor”	Schedule 1 to the Main School Government 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.

Interpretation of “temporary governing body”

3.—(1) Any reference in these Regulations to the temporary governing body is a reference to the temporary or transitional governing body of any school or proposed school to which the provision applies (either constituted under section 44 of the 1998 Act or treated as so constituted by virtue of regulation 13 of the School Organisation Regulations or regulation 13(5) of the Second Transitional Regulations), and any reference to a temporary governor is a reference to a member of such a temporary or transitional governing body.

(2) Unless the context otherwise requires, any reference in these Regulations to a temporary governor of a particular category shall be interpreted in accordance with Part III.

(1)

1996 c. 56.

(2)

S.I. 1999/2242 (w.2).

(3)

S.I. 1999/704.

(4)

S.I. 1999/362.

(5)

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 the Act. No such Order has yet been made.