Transitional provisions relating to section 138 of the 1996 Act6

1

An agreement or determination in force under section 138 of the 1996 Act (advisory rights of chief education officer: aided schools) immediately before 1st September 1999 shall on and after that date have effect as if made under paragraph 2 of Schedule 17 to the 1998 Act notwithstanding that it was not framed by reference to the rights conferred on the chief education officer by that Schedule.

2

Any disagreement between a governing body and a local education authority as to which rights are conferred on the chief education officer by virtue of paragraph (1) above shall be determined by the Secretary of State.

3

An agreement or determination to which paragraph (1) refers may be withdrawn—

a

in the case of an agreement, in accordance with paragraph 2(5) of Schedule 17; and

b

in the case of a determination of the Secretary of State, in accordance with paragraph 2(6) of that Schedule.