The Education (Change of Category of Maintained Schools) (Amendment) (England) Regulations 2003

Citation, commencement, interpretation and application

1.—(1) These Regulations may be cited as the Education (Change of Category of Maintained Schools) (Amendment) (England) Regulations 2003, and shall come into force on 15th September 2003.

(2) In these Regulations—

• “the 1998 Act” shall mean the School Standards and Framework Act 1998;

• “the 2003 Regulations” shall mean the School Governance (Constitution) (England) Regulations 2003(1);

• “the Principal Regulations” shall mean the Education (Change of Category of Maintained Schools) (England) Regulations 2000(2).

(3) These Regulations apply only in relation to England.

Amendment of the Principal Regulations

2.  The Principal Regulations shall be amended as follows.

3.  In regulation 2(1)—

(a) after the words “In these Regulations” there shall be inserted the words ““the 2003 Regulations” means the “School Governance (Constitution) (England) Regulations 2003””; and

(b) the words ““the modified 2003 Regulations” means those Regulations as they have effect with modifications by virtue of Schedule 4 to these Regulations” shall be substituted for the words ““the modified Schedule 12” to the Act means that Schedule as it has effect with modifications by virtue of Schedule 4 to these Regulations”.

4.  In regulation 11(1), the words “2003 Regulations” shall be substituted for the words “Schedule 12 to the Act”.

5.  For regulation 12 there shall be substituted—

“12.   The new instrument of government shall be made in accordance with, and conform to, the requirements of Part 5 of the modified 2003 Regulations.”.

6.  For regulation 13 there shall be substituted—

“13.   The 2003 Regulations shall apply to the new instrument of government referred to in regulation 12 with the modifications set out in Schedule 4.”.

7.  In regulation 14(1), the words “2003 Regulations” shall be substituted for the words “Schedule 12 to the Act”.

8.  In regulation 16(4), the words “sponsor governors” shall be substituted for the words “additional co-opted governors”.

9.  After regulation 16, there shall be inserted—

“16A.   For the purposes of regulations 15 and 16, where the local education authority has not made an instrument of government for the current governing body in accordance with the 2003 Regulations, the corresponding categories of governor shall be as follows—

Category of current governor	Category of governor under the 2003 Regulations
Co-opted governor	Community governor
Representative governor	Community governor appointed in accordance with regulation 7(2) of the 2003 Regulations
Foundation governor (including ex officio foundation governor)	Foundation governor
LEA governor	LEA governor
Parent governor	Parent governor
Partnership governor	Partnership governor
Staff governor	Staff governor
Teacher governor	Staff governor
Head teacher (ex officio governor)	Staff governor”

10.  In Schedule 1 (Provisions of Section 28 of, and Schedule 6 to, the 1998 Act having effect in relation to Proposals mentioned in Regulation 4)—

(a) in the modification of paragraph 2 of Schedule 6 to the 1998 Act the following shall be substituted for modification (b)—

“(b) for sub-paragraph (2) there were substituted—

“(2) Where the proposals were published by the local education authority any objections or comments under this paragraph shall be sent to the local education authority within—

(a) six weeks from the date of the publication of the proposals, except where sub-paragraph (b) applies; and

(b) one month from the date of publication of the proposals where the proposals are in respect of a school to which section 15 applies.

(2A) The local education authority shall send to the relevant committee copies of all objections made (and not withdrawn in writing) and comments together with the authority’s observations on them within—

(a) one month from the end of the representation period, except where sub-paragraph (2)(b) applies; and

(b) two weeks from the end of the representation period where the proposals fall within sub-paragraph (2)(b).

(2B) Where the proposals were published by the governing body any objections or comments under this paragraph shall be sent to the relevant committee within—

(a) six weeks from the date of the publication of the proposals, except where sub-paragraph (b) applies; and

(b) one month from the date of publication of the proposals, where the proposals are in respect of a school to which section 15 applies.””;

(b) in the modification of paragraph 3 of Schedule 6 to the 1998 Act—

(i) after modification (c) there shall be inserted “(cc) in sub-paragraph (2)(d) for “regulations” there were inserted “regulation 10A of the Education (School Organisation Proposals) (England) Regulations 1999(3)””,

(ii) for modification (d) there shall be substituted—

“(d) for sub-paragraph (3) there were substituted—

“(3) Any approval given under this paragraph may be expressed to take effect only if—

(a) a scheme relating to any charity connected with the school is made by a date specified in the approval,

(b) the Secretary of State gives notice under regulation 7(1) of the Education (Foundation Body) (England) Regulations 2000(4) (that a foundation body shall become operative and that the school shall form part of a group for which the foundation shall act) by a date specified in the approval,

(c) the Secretary of State makes a declaration under regulation 22(3) of the Education (Foundation Body) (England) Regulations 2000 (that the school shall form part of a group for which a foundation body acts) by a date specified in the approval, or

(d) the Secretary of State makes a declaration under regulation 23(1) of the Education (Foundation Body) (England) Regulations 2000 (that the school shall leave a group for which a foundation body acts) by a date specified in the approval.”;”,

(iii) in modification (e), the words “or comments” shall be inserted after the word “objections” where it appears in the substituted sub-paragraph (5) (a)(i), and

(iv) after modification (f), there shall be inserted “(ff) sub-paragraphs (6A), (6B) and (6C) were omitted”;

(c) in the modification of paragraph 4 of Schedule 6 to the 1998 Act—

(i) in modification (c), “(3)(h)” shall be substituted for “(3)(d)” and the inserted sub-paragraphs (e) and (f) shall be inserted as sub-paragraphs (i) and (j), and

(ii) after modification (c) there shall be inserted “(d) in sub-paragraph (4A) for “regulations” there were substituted “regulation 10B of the Education (School Organisation Proposals) (England) Regulations 1999””; and

(d) in the modification of paragraph 5 of Schedule 6 to the 1998 Act—

(i) in modification (b) the words “At the request of the governing body or local education authority which published the proposals” were substituted for “In the case of proposals published by the governing body at the request of the governing body or in the case of proposals published by the local education authority at the request of the local education authority”, and

(ii) after modification (e) there shall be inserted “(ee) in sub-paragraph (6A) for “regulations” there were substituted “regulation 10A of the Education (School Organisation Proposals) (England) Regulations 1999””, and

(iii) in modification (g) “5A” were substituted for “6” and the words “or person who made comments” were inserted after “each objector” where they appear in the substituted sub-paragraph (2)(d).

11.  For Schedule 2, there shall be substituted the revised Schedule 2 set out in Schedule 1 to these Regulations.

12.  For Schedule 4, there shall be substituted the revised Schedule 4 set out in Schedule 2 to these Regulations.

13.  Schedule 5 shall cease to have effect.

Transitional Provision

14.  These regulations shall not have effect in relation to any proposals published under paragraph 2 or 3 of Schedule 8 to the 1998 Act before 15th September 2003.

David Miliband

Minister of State,

Department for Education and Skills

15th August 2003