Special provisions where Chapter II of Part II of the Act has effect with modifications10.

(1)

In this regulation–

(a)

“the Transition Regulations” means the Education (Transition to New Framework) (School Organisation Proposals) Regulations 19995; and

(b)

“the transitional modifications” means the modifications to Chapter II of Part II of the Act contained in the Schedule to the Transition Regulations.

(2)

Where Chapter II of Part II to the Act would have effect with the transitional modifications in relation to any proposals published under section 28 of the Act by the governing body of a school then, in relation to proposals published under paragraph 3 of Schedule 8 by the governing body of that school–

(a)

references (however expressed) in the modified section 28(3)(a)(iii) and (6) of, and the modified paragraphs 2(3), 3(8) and 5(2) of Schedule 6 to, the Act to a school organisation committee shall have effect as references to the Secretary of State;

(b)

paragraph 3(2) of Schedule 6 to the Act shall have effect with the modifications specified in the Transition Regulations as well as the modifications specified in the Schedule to these Regulations; and

(c)

paragraphs 1(2), 3(5) and 5(5) and (7) of Schedule 6 to the Act shall not have effect.

(3)

In paragraph (2) references to the modified section 28 of, or Schedule 6 to, the 1998 Act are references to section 28 of, and Schedule 6 to, the Act as those provisions have effect with the modifications specified in Schedule 1 to these Regulations.