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

Explanatory Note

(This note is not part of the Regulations)

These Regulations make incidental and transitional provision of general application for the local management of schools in England in connection with schemes for the financing of county and voluntary schools under Chapter III of Part I of the Education Reform Act 1988. This is in consequence of orders made under section 17 of the Local Government Act 1992 (which make boundary and structural changes to local government areas in England).

Regulations 2, 3 and 4 make provision in relation to the schemes of transferee authorities which will become local education authorities by virtue of the changes made by a section 17 order. Regulations 5 and 6 make provision in relation to the schemes of transferor and transferee authorities which are already local education authorities and whose areas are not abolished.

Regulation 7 makes specific provision regarding consultation with the governing bodies of grant-maintained special schools. Regulations 8 and 9 concern the suspension of schools' delegated budgets.

The Education (Application of Financing Schemes to Special Schools) Regulations 1993 (S.I. 1993/3104) provide that where the special schools of a local education authority are required to be covered in any financial year by a scheme made by the authority, the provisions of Chapter III of Part I of the 1988 Act (other than sections 33 and 49 and Schedule 4) shall have effect in relation to that authority, as if any reference contained in these provisions to a county school maintained by an authority included a reference to a special school of that authority. Regulations 2(4), 3(2), 4(2) and 6 provide that for certain purposes section 33 (schemes for financing schools) shall also apply in relation to such special schools.