The Local Government Changes for England (Local Management of Schools) Regulations 1995

New LEAs: Period before reorganisation date

2.—(1) The provisions of Chapter III of Part I of the Education Reform Act 1988(1) (finance and staff) referred to in paragraph (2) below, and regulations made thereunder, shall apply to a new LEA in the period before the reorganisation date as if they were the local education authority for the area for which they will become the local education authority on that date.

(2) The provisions referred to in paragraph (1) above are sections 33, 34, 35(2), 38, 39(3), 41, 42, 42A(4), 43(5), 48 and 51(1) and (2) of, and paragraphs 1, 2 and 3 of Schedule 4 to, the Education Reform Act 1988 and they shall apply with the modifications set out below in this regulation and in regulation 7.

(3) In section 33(2)(a) for the words “each financial year of the authority” there shall be substituted the words “the financial year of the authority commencing on the reorganisation date and each subsequent financial year” .

(4) In section 33(3)—

(a) for paragraph (a) there shall be substituted—

“(a) it is a county, voluntary or special school maintained by that authority at the beginning of that year; or”; and

(b) in paragraph (b) for the words “or voluntary” in both places where they occur there shall be substituted the words “, voluntary or special” .

(5) In section 34(4)(6)—

(a) in paragraph (a) before the word “maintained” there shall be inserted the words “to be” and after the word “authority” there shall be inserted the words “at the beginning of the financial year commencing on the reorganisation date” ; and

(b) in paragraph (c)(ii) before the word “authority” there shall be inserted the word “transferor” .

(6) Section 42(6) shall not apply.

(1)

1988 c. 40.

(2)

Section 35 was substituted by the Education Act 1993 (c. 35), section 274(2).

(3)

Section 39 was amended by S.I. 1991/1890.

(4)

Section 42A was inserted by the Education Act 1993, section 275(2).

(5)

Section 43 was substituted by the Education Act 1993, section 276.

(6)

Subsection (4) was substituted by the Education Act 1993, section 274(1).