The School Organisation (Prescribed Alterations to Maintained Schools) (England) Regulations 2007

Interpretation

2.  In these Regulations—

“the Act” means the Education and Inspections Act 2006(1);

“EA 2002” means the Education Act 2002(2);

“EA 2005” means the Education Act 2005(3);

“SSFA 1998” means the School Standards and Framework Act 1998(4);

“the Constitution Regulations” means the School Governance (Constitution) (England) Regulations 2007(5);

“the Foundation Regulations” means the School Organisation (Requirements as to Foundations)(England) Regulations 2007;(6)

“Accessibility Strategy” has the meaning given by section 28D of the Disability Discrimination Act 1995(7);

“admission number” means the number of pupils in any relevant age group that it is intended to admit or (where the context requires) have been admitted as determined by the admission authority (in accordance with section 89 and 89A of the SFFA 1998(8));

“the capacity guidance” means the Department for Education and Skills Guidance “Assessing the Net Capacity of Schools” issued in August 2002, reference number DfES/0729REV/2001(9) and references to the capacity of a school are references to the net capacity of that school determined in accordance with that guidance;

“change of category to foundation” has the meaning set out in regulation 3;

“Children and Young People’s Plan” means any plan published by the local education authority under section 17 of the Children Act 2004(10);

“date of publication” of proposals is—

(a)

the date on which the requirements of paragraphs 6, 7 and 21(4) of Schedule 1, 28 and 41(4) of Schedule 3, and 28 and 41(4) of Schedule 5 as applicable, are satisfied; and

(b)

where different requirements are satisfied on different days, the last of such days;

“Early Years Foundation Stage” means the foundation stage defined by section 81 of EA 2002, or the learning and development and welfare requirements specified by the Secretary of State by order and regulations made under section 39 of the Childcare Act 2006 when they come into force(11);

“extended services” has the same meaning given to it in the publication entitled “Extended Schools Access to Opportunities and Services for All” published by the Department for Education and Skills, dated June 2005 and with ISBN Number 1-84478-451-7;

“foundation proposals” has the meaning set out in regulation 3;

“further education college” means an institution within the further education sector (within the meaning of section 91(3) of the Further and Higher Education Act 1992(12));

“grammar school” has the same meaning as in Chapter 2 of Part 3 of SSFA 1998;

“implementation date” means the date approved or specified by the governing body, local education authority or adjudicator (as the case may be) as the date on which it is intended that the change of category to foundation or other change of category which falls to be implemented, should take place;

“indicated admission number” means the number of pupils in any relevant age group referred to as such in, and determined in accordance with, the net capacity assessment method set out in the capacity guidance;

“mainstream school” means a maintained school which is not a special school;

“NHS trust” means a body established by the Secretary of State under section 25 of the National Heath Service Act 2006(13);

“NHS foundation trust” has the same meaning as in section 30(1) of the National Health Service Act 2006;

“Primary Care Trust” means a body established or continuing under section 18 of the National Health Service Act 2006;

“representation period” means the appropriate period prescribed in these Regulations in which objections or comments must be made;

“relevant change” has the meaning set out in regulation 3;

“special educational needs” has the meaning given by section 312 of the Education Act 1996(14);

“special school” means a community special school or a foundation special school;

“sponsor governor” means a person who is nominated as a sponsor governor and is appointed as such by the governing body in accordance with Schedule 5 to the Constitution Regulations;

“sixth form education” means full-time education suitable to the requirements of pupils over compulsory school age;

“trustees of the school” means any person (other than the governing body) holding property on trust for the purposes of the school;

“14-16 education” means educational provision for 14-16 year olds;

“16-19 institution” means a maintained school which—

(a)

provides full-time education suitable to the requirements of pupils over compulsory school age, and

(b)

does not provide full-time education suitable to the requirements of pupils of compulsory school age; and

any references to section 18, 19, 20, 21 , 23 or 24 is a reference to that section of the Act.

(1)

2006 c.40.

(2)

2002 c.32.

(3)

2005 c.18.

(4)

1998 c.31.

(5)

S.I 2007/957.

(6)

S.I 2007/1287.

(7)

1995 c.50. Section 28D was inserted by section 14(1) of the Special Educational Needs and Disability Act 2001. (c. 10)

(8)

Section 89 was amended by Schedule 4 to EA 2002, and section 89A was inserted by section 47(2) of EA 2002.

(9)

ISBN 1 84185 610 X. Back [9]

(10)

2004 c. 31.

(11)

2006 c.26.

(12)

1992 c.13.

(13)

2006 c.41.

(14)

1996 c.56. Section 312 was amended by section 57(1) and paragraph 23 of Schedule 7 to the Education Act 1997 (c.44); section 140(1) and (3), and paragraph 71(a) and (b) of Schedule 30 to SSFA 1998; section 149 of, and paragraphs 1 and 56 of Schedule 9 to the Learning and Skills Act 2000 (c.21), and section 6(2) and paragraphs 2 and 3 of Schedule 1 to the Act.