The Education Act 2002 (Modification of Provisions) (England) Regulations 2002

Temporary modification of Part 6 of the 2002 Act

4.  Prior to the definition of “maintained school” in section 39(1) of the 2002 Act coming into force in relation to England, Part 6 of the 2002 Act shall have effect as if—

(a) in section 79(3), for the words “or maintained nursery school” there were substituted the words “and the head teacher of every maintained nursery school”;

(b) in section 89(1)(a) the words “and the governing body” were omitted;

(c) in section 90(1) the words “or maintained nursery school” were omitted;

(d) in section 90(3) the words “or a maintained nursery school” were omitted;

(e) in section 94(1 ), for paragraphs (a) and (b) there were substituted—

“(a) in the case of a maintained school, to the governing body, and

(b) in all cases, to the local education authority by whom the school is maintained,”;

(f) in section 95, for the words “governing body”, in each place where they occur, there were substituted the words “relevant body”, and

(g) after subsection (4) of section 95 there were substituted the following subsection—

“(5) In this section “the relevant body” means in the case of a maintained school its governing body, and in the case of a maintained nursery school the local education authority by whom the school is maintained.”