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

Explanatory Note

(This note is not part of the Regulations)

These Regulations make modifications, transitional provision and consequential amendments to primary and secondary legislation affecting teachers, the staffing of schools and the employment of school staff consequential on the provisions of the School Standards and Framework Act 1998 (“the 1998 Act”). From 1st April 1999, grant-maintained and grant-maintained special schools will be maintained by local education authorities, although authorities will not at first be required to be responsible for capital expenditure. Other changes to the system of financing schools maintained by local education authorities also take effect on 1st April 1999. The 1998 Act also introduces a new framework for maintained schools. All maintained schools, including grant-maintained and grant-maintained special schools, will enter their new categories on 1st September 1999, the appointed day for this purpose under the 1998 Act.

Regulations 3 and 10 repeal the now redundant definition of “school which has a delegated budget” in section 5(1) of the School Teachers' Pay and Conditions Act 1991 and the provision in paragraph 28 of Schedule 30 to the 1998 Act which amends this definition.

Regulation 4 modifies provisions of the Employment Rights Act 1996 so that from 1st April 1999 grant-maintained and grant-maintained special schools will be treated as schools maintained by a local education authority.

Regulation 5 modifies Parts II and III of Schedule 19 to the Education Act 1996 for the period from 1st April 1999 to 1st September 1999. Parts II and III of Schedule 19 will apply to the staffing of a new school which will, on opening, be a county, controlled, maintained special or aided school, or if the new school opens on or after 1st September 1999, a community, voluntary controlled, community special or voluntary aided school. Part II of Schedule 19 will apply to such a school which will have a delegated budget from a date later than its opening date, or where the governing body’s right to a delegated budget is suspended. Part III of Schedule 19 will apply to all other such schools.

Section 57 of the 1998 Act, which comes into force on 1st April 1999, makes provision in relation to payments in respect of the dismissal and premature retirement, or for securing the resignation, of staff at all schools maintained by local education authorities with delegated budgets. It makes similar provision to section 139 of the Education Act 1996 which it replaces, but section 139 applied only to county, voluntary and maintained special schools with delegated budgets. Regulation 6 modifies section 57 for the period from 1st April to 1st September 1999 so that it applies to all schools with delegated budgets within the existing school framework, including grant-maintained and grant-maintained special schools. Regulations 7 and 8 make transitional provision in relation to the application of section 57 to grant-maintained and grant-maintained special schools.

Regulation 9 modifies section 81 of the 1998 Act to enable the Secretary of State to consult bodies representing schools in the existing framework before making an order under the section.

Regulation 11 modifies the School Teachers' Pay and Conditions Document 1998 in consequence of the changes from 1st April 1999 to the financing of schools maintained by local education authorities, and the maintenance of grant-maintained and grant-maintained special schools by authorities from that date.