The Education (New Schools) (England) Regulations 1999

Modification of staffing provisions in the 1998 Act

48.  For the purposes of the application, in accordance with this Part, of provisions of the 1998 Act in relation to proposed schools—

(a) a reference to the governing body of a school is a reference to the temporary governing body of a proposed school, and includes a transitional governing body which under regulation 13(5) of the Second Transitional Regulations is treated as a temporary governing body and a temporary governing body referred to in regulation 13 of the School Organisation Regulations;

(b) a reference to a “foundation governor” is a reference to—

(i) a temporary foundation governor within the meaning of Part III of these Regulations, or

(ii) a member of a temporary governing body who was when appointed a temporary foundation governor within the meaning of the 1996 Act,

as the case may be;

(c) a reference, however framed, to a school of a particular category or description is a reference to a proposed school which will be a school of that category or description;

(d) a reference to the local education authority is a reference to the local education authority by which the proposed school is, or is to be, maintained; and

(e) a reference, however framed, to a school (either of a particular category or description, or without qualification) which has a religious character is a reference to a proposed school designated under section 69(3) as a school having a religious character when it opens, and a reference, however framed, to a school (either of a particular category or description, or without qualification) which does not have a religious character shall be construed accordingly.