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.