The School Standards and Framework Act 1998 (Commencement No. 7 and Saving and Transitional Provisions) Order 1999

Saving provisions relating to sections 274 to 279 of the 1996 Act

16.—(1) Notwithstanding the repeal of Chapter VIII of Part III of the 1996 Act, sections 274 to 279 of the 1996 Act (winding up and disposal of property) and those sections as applied by regulation 33 of the Education (Grant-maintained Special Schools) Regulations 1994(1) shall continue to have effect for the purposes of winding up and disposing of the property of a grant-maintained school or grant-maintained special school subject to discontinuance proposals, in cases where the governing body have not been dissolved before 1st September 1999.

(2) For the purposes of paragraph (1), “discontinuance proposals” means—

(a) in the case of a grant-maintained school, proposals for the discontinuance of the school published under section 267 or 268 of the 1996 Act before 1st September 1999; and

(b) in the case of a grant-maintained special school, proposals for the discontinuance of the school published under section 339 of that Act before 1st September 1999.

(1)

S.I. 1994/653, amended, in ways not relevant to this Instrument, by S.I. 1994/1231, 1994/2003, 1996/111, 1996/2303, 1997/996 and 1997/2175. Regulation 33 of S.I. 1994/653 applies the predecessor statutory provisions to sections 274 to 279 of the 1996 Act under the Education Act 1993 (c. 35) to grant-maintained special schools. Those Regulations continue to have effect by virtue of paragraph 1 of Schedule 39 to the 1996 Act.