The Education (Transition to New Framework) (New Schools, Groups and Miscellaneous) Regulations 1999

Explanatory Note

(This note is not part of the Regulations)

These Regulations are made in preparation for the implementation, on 1st September 1999, of the new schools framework under the School Standards and Framework Act 1998 (“the 1998 Act”).

The Regulations make transitional school governance provision for new schools and schools which are grouped under one governing body. The Regulations make other transitional school governance provision, including provision for additional governors at schools causing concern.

Part II of the Regulations applies to county, voluntary and maintained special schools (and proposed schools of those categories for which proposals have been approved but not implemented before 1st September 1999) which have temporary governing bodies established under the Education Act 1996. Where proposals for such schools are implemented on or after 1st September 1999, provision is made for their allocation to the new categories of maintained school. Local education authorities are to secure that instruments of government are made in accordance with Schedule 12 to the 1998 Act by 1st June 1999, or the school’s opening date if later. If the school opens on or before 1st June, it is required to have a new permanent governing body constituted under the instrument by 31st August 1999. If the school opens later, the permanent governing body is to be constituted after the 30th August but within three months after the opening date.

Part III of the Regulations applies to new grant-maintained schools which open on or after 1st September 1999 as maintained schools under the new framework. Local education authorities are to secure that instruments of government for such schools have been made before 1st September 1999. The governing body are to be reconstituted under the instrument within three months after the school opening date.

Part IV of the Regulations applies to schools which are currently grouped under one governing body by virtue of section 89 or 280 of the Education Act 1996. The 1998 Act requires each maintained school to have its own individual governing body. Transitional amendments are made to the Education Act 1996, which prevent additional governance changes in relation to groups during the transitional period. Local education authorities are to secure that new individual instruments of government for such schools have been made before 1st September 1999. The new governing bodies are to be constituted under such instruments after 30th August 1999 but before 1st January 2000.

Parts II, III and IV and Schedules 1 to 6 make provision, where necessary, for transitional governing bodies to conduct the school in question from 1st September 1999 until new or reconstituted governing bodies are in place; for the contents and form of instruments of government, for elections and appointments of new governors (and, in Part III, for some existing governors to continue in office automatically); for the lengths of time governors will hold office; for disqualification of governors required by the new instruments of government; for transfers of property and staff where appropriate and for the dissolution of grouped governing bodies.

Part V relates to additional governors at schools causing concern. It applies to all existing schools which become maintained schools under the new framework, other than schools with temporary governing bodies immediately before 1st September 1999. Additional governors appointed under the School Inspections Act 1996 or sections 16 or 18 of the 1998 Act generally continue in office on 1st September 1999. Additional governors appointed at grant-maintained or grant-maintained special schools under the Education Act 1996 cease to hold office on 31st August 1999.

Part VI applies to new framework schools which were grant-maintained or grant-maintained special schools immediately before 1st September 1999. On 1st September 1999 land vested in first governors as trustees vests in the governing body of the maintained school on the relevant trusts.

Part VII makes miscellaneous amendments to the Education (School Government) (Transition to New Framework) Regulations 1998.