The School Standards and Framework Act 1998 (Modification, Transitional and Consequential Provisions) Regulations 1999

Modification of Schedule 19 to the 1996 Act

5.  In the relevant period Parts II and III of Schedule 19 to the 1996 Act shall have effect as if–

(a) references to “the 1998 Act” were references to the School Standards and Framework Act 1998;

(b) a reference (however framed) to a new school which will be a county, controlled, maintained special, or aided school included a reference to such a new school which will be a community, voluntary controlled, community special or voluntary aided school (in each case within the meaning of the 1998 Act) as the case may be;

(c) in paragraph 5 the words “Subject to paragraph 19(4),” were omitted, and there was inserted after “constituted” the words “, to which paragraph 19(3) applies”;

(d) in paragraph 12 the words “Subject to paragraph 19(4),” were omitted, and there was inserted after “maintained special school” the words “to which paragraph 19(3) applies”;

(e) in paragraph 13 the words “Subject to paragraph 19(5),” were omitted, and there was inserted after “aided school” the words “and to which paragraph 19(3) applies”;

(f) for paragraph 19 there was substituted–

“19.— (1) Subject to paragraphs 20 to 24, section 136 shall apply in place of paragraphs 6 to 12 of this Schedule to a new school which will be–

(a) a county school;

(b) a community school within the meaning of the 1998 Act;

(c) a controlled school;

(d) a voluntary controlled school within the meaning of the 1998 Act;

(e) a maintained special school; or

(f) a community special school within the meaning of the 1998 Act,

unless paragraph (3) applies to such school.

(2) Subject to paragraphs 20 to 24, section 137 shall apply in place of paragraphs 14 to 16 of this Schedule to a new school which will be–

(a) an aided school; or

(b) a voluntary aided school within the meaning of the 1998 Act,

unless paragraph (3) applies to such school.

(3) This paragraph applies to a new school where–

(a) the local education authority make a determination under section 49(3)(b) of the 1998 Act with the written approval of the Secretary of State;

(b) the Secretary of State makes a determination under section 49(3)(c) of the 1998 Act that the school shall have a delegated budget (within the meaning of Part II of the 1998 Act) as from a date later than its opening date; or

(c) the governing body’s right to a delegated budget (within the meaning of Part II of the 1998 Act) is suspended.”;

(g) In paragraph 22 for “section 139(2) and (5) to (5B)” there was substituted “section 57(1), (4) and (5) of the 1998 Act”; and

(h) paragraph 24(2) was omitted.