The School Organisation and Governance (Amendment) (England) Regulations 2007

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations make various amendments to regulations relating to school organisation and school governance.

Regulations 2 to 16 amend the School Organisation (Establishment and Discontinuance of Schools) (England) Regulations 2007. Regulation 3 amends the definition of “APA rating” to remove the reference to reports under section 99 of the Local Government Act 2003. This was included initially so as to cover the period between 25th May 2007 and the date when the new Ofsted local authority performance ratings were to be announced in November 2007. Regulations 3 to 15 correct minor drafting errors.

Regulations 17 to 25 amend the School Organisation (Prescribed Alterations to Maintained Schools) (England) Regulations 2007. They correct minor drafting errors and add the following additional provisions:

A new paragraph 33 in Schedule 1 on transitional admission arrangements is inserted by regulation 20(l). This provides that where a community or voluntary controlled school changes category to become a foundation school, anything done before the implementation date by the local education authority as admission authority will from the implementation date have effect as if done by the governing body. Similarly regulation 22(dd) inserts a new paragraph in Schedule 3 so as where a voluntary controlled or community school changes category to become a voluntary aided school anything done before the implementation date by the local authority as admission authority will from the implementation date have effect as if done by the governing body and vice versa where a foundation or voluntary aided school changes category to a community school.

New paragraphs 25A are inserted into Schedule 3 and 5 by regulations 22(k) and 24(m) with the effect that proposals to expand schools must include a statement as to whether they consider the presumption for the expansion of successful and popular schools should apply, and if so evidence to support this.

The amendments also clarify the duty to implement in relation to different categories of schools: regulation 22 adds new paragraphs to Schedule 3 on the duty to implement and the provision of site and buildings for foundation, voluntary controlled or foundation special schools. Where a local authority are required by the new paragraph 40A to provide a site for such a school, they must transfer their interest in the site to the school’s trustees or the governing body if there are no trustees. Regulation 24 adds similar paragraphs to Schedule 5. These provisions mirror what was included in the previous statutory regime (in Schedule 6 to SFFA 1998 now repealed in relation to England) and were omitted in error when the regulations were made under Part 2 of EIA 2006.

Regulation 25 amends Schedule 6 (Land Transfers) so as that it applies to transfers of land where a foundation school acquires a foundation, as well as transfers when a school changes category. A new paragraph 2A is inserted into Schedule 6 which provides that where a foundation school acquires a foundation any land held by the governing body or local authority for the purposes of the school must transfer to the trustees.

Regulations 26 to 29 make amendments to the School Organisation (Transitional Provisions) (England) Regulations 2007 to correct minor drafting errors and to provide that any undetermined proposals published before the 25th May must be forwarded to the adjudicator by two weeks after these Regulations come into force.

Regulation 30 amends the School Governance (Procedure) Regulations 2007 to clarify what is considered ‘urgent’ in the provision that relates to delegating to the chair of governors. The Regulations are further amended to provide that the governing body must notify the local authority where an agenda item for a governing body meeting involves a consideration of a change of school category.

Regulation 31 amends the School Governance (New Schools) (England) Regulations 2007 to clarify that a temporary governing body will prepare the draft instrument of government in certain circumstances. Regulation 52 of those Regulations requires the local authority to secure that an instrument of government is made in accordance with the School Governance (Constitution) (England) Regulations 2007. The Constitution Regulations refer to the ‘governing body’ making this instrument, which does not at that time exist. This amendment modifies the relevant provisions of the Constitution Regulations so as that references to ‘governing body’ are treated as references to a ‘temporary governing body’. The Regulations are also further amended to clarify what is considered ‘urgent’ in the provision that relates to delegating to the chair of governors.

Regulation 32 amends the School Governance (Federations) (England) Regulations 2007 so that a temporary governing body can draft a new instrument of government when a school leaves a federation or a federation is dissolved. This amendment modifies the relevant provisions of the Constitution Regulations so that reference to ‘governing body’ and ‘foundation governors’ are treated as reference to ‘temporary governing body’ and ‘temporary foundation governors’.

Regulation 33 revokes the Education (Adjudicators Inquiry Procedure etc.) Regulations 1999.