Explanatory Note
(This note is not part of the Regulations)
These Regulations amend the Education (Change of Category of Maintained Schools) (England) Regulations 2000 (S.I. 2000/2195) (the “Principal Regulations”) (which make provision for community, voluntary controlled, voluntary aided and foundation schools to become another category of school within those categories, and for a community special school to become a foundation special school and a foundation special school to become a community special school). They also modify the School Governance (Constitution) (England) Regulations 2003 (S.I. 2003/348) (the “2003 Regulations”).
These amendments and modifications are consequential on:
(a)amendments made to the Education (School Organisation Proposals) (England) Regulations 1999 (S.I. 1999/2213) by the Education (School Organisation Proposals) (England) (Amendment) Regulations 2003 (S.I. 2003/1201) and
(b)the repeal of Schedule 12 to the 1998 Act by the Education Act 2002 and the making of the 2003 Regulations.
Regulations 3 to 9 make minor amendments to the modifications in the Principal Regulations relating to the constitution of governing bodies of schools which change category.
Regulations 10 and 11 amend the modifications made in the Principal Regulations relating to proposals to change the category of a maintained school, the publication of those proposals and the period in which comments or objections should be made. Schedule 1 shows the effect of the modifications to Schedule 6 of the 1998 Act and substitutes a new Schedule 2 of the Principal Regulations.
Regulation 12 and Schedule 2 set out the modified provisions in the 2003 Regulations which relate to the making and the content of the Instruments of Government of schools which change category. Schedule 2 substitutes a new Schedule 4 to the Principal Regulations.
Regulation 13 provides that Schedule 5 of the Principal Regulations shall cease to have effect.
Regulation 14 makes transitional provision in respect of proposals for a change of category published under paragraph 2 or 3 of Schedule 8 to the 1998 Act before 15th September 2003.