Modification of Schedule 19 to the 1996 Act5
In the relevant period Parts II and III of Schedule 19 to the 1996 Act shall have effect as if–
a
references to “the 1998 Act” were references to the School Standards and Framework Act 1998;
b
a reference (however framed) to a new school which will be a county, controlled, maintained special, or aided school included a reference to such a new school which will be a community, voluntary controlled, community special or voluntary aided school (in each case within the meaning of the 1998 Act) as the case may be;
c
in paragraph 5 the words “Subject to paragraph 19(4),” were omitted, and there was inserted after “constituted” the words “, to which paragraph 19(3) applies”;
d
in paragraph 12 the words “Subject to paragraph 19(4),” were omitted, and there was inserted after “maintained special school” the words “to which paragraph 19(3) applies”;
e
in paragraph 13 the words “Subject to paragraph 19(5),” were omitted, and there was inserted after “aided school” the words “and to which paragraph 19(3) applies”;
f
for paragraph 19 there was substituted–
19
1
Subject to paragraphs 20 to 24, section 136 shall apply in place of paragraphs 6 to 12 of this Schedule to a new school which will be–
a
a county school;
b
a community school within the meaning of the 1998 Act;
c
a controlled school;
d
a voluntary controlled school within the meaning of the 1998 Act;
e
a maintained special school; or
f
a community special school within the meaning of the 1998 Act,
unless paragraph (3) applies to such school.
2
Subject to paragraphs 20 to 24, section 137 shall apply in place of paragraphs 14 to 16 of this Schedule to a new school which will be–
a
an aided school; or
b
a voluntary aided school within the meaning of the 1998 Act,
unless paragraph (3) applies to such school.
3
This paragraph applies to a new school where–
a
the local education authority make a determination under section 49(3)(b) of the 1998 Act with the written approval of the Secretary of State;
b
the Secretary of State makes a determination under section 49(3)(c) of the 1998 Act that the school shall have a delegated budget (within the meaning of Part II of the 1998 Act) as from a date later than its opening date; or
c
the governing body’s right to a delegated budget (within the meaning of Part II of the 1998 Act) is suspended.
g
In paragraph 22 for “section 139(2) and (5) to (5B)” there was substituted “section 57(1), (4) and (5) of the 1998 Act”; and
h
paragraph 24(2) was omitted.