Education Act 1993 (Commencement No. 3 and Transitional Provisions) Order 1994

PART I TRANSITIONAL PROVISIONS CONSEQUENTIAL ON THE COMMENCEMENT OF PARTS I AND II OF THE ACT

1.—(1) The requirement, imposed on the governing body of a grant-maintained school under section 96(3) of the Act, to have regard to any guidance given by the Secretary of State in determining the persons whom it is appropriate to consult before publishing proposals, shall not apply in relation to any proposals published under that section before 1st July 1994.

(2) Section 96(6)(a) of the Act shall not apply in relation to any proposals published before 1st April 1994 under section 89 of the Education Reform Act 1988 which have not been determined before that date.

2.—(1) Sub-paragraph (2) below applies where before 1st April 1994—

(a) proposals have been published by the governing body of a grant-maintained school in England in accordance with section 89 of the Education Reform Act 1988; and

(b) the Secretary of State has in accordance with section 90 of that Act directed the governing body to submit to him particulars of the premises or proposed premises of the school; but

(c) he has not approved those particulars in accordance with that section.

(2) Any particulars so submitted in accordance with section 90 of the Education Reform Act 1988 shall be treated on and after 1st April 1994 as having been submitted to the funding authority in accordance with section 99(1) of the Act; and the Secretary of State shall as soon as reasonably practicable after that date send copies of those particulars to the funding authority.

3.  The requirement, imposed on the governing body of a grant-maintained school under section 104(2) of the Act, to have regard to any guidance given by the Secretary of State in determining the persons whom it is appropriate to consult before passing a resolution under section 104(1)(a) of the Act, shall not apply in relation to any such resolution passed before 1st July 1994.

4.  The amendment to section 11(3)(b) of the Education Reform Act 1988 made by section 147(1) of the Act shall not affect a person’s appointment to a standing advisory council on religious education where that appointment was made under section 11(3)(b) of the Education Reform Act 1988 before 1st April 1994.