The Education (Change of Category of Maintained Schools) (England Regulations 2000

Citation, commencement and application

1.—(1) These Regulations may be cited as the Education (Change of Category of Maintained Schools) (England) Regulations 2000.

(2) These Regulations shall come into force on 1st September 2000.

(3) These Regulations apply only in relation to England.

Interpretation

2.—(1) In these Regulations:

“the Act” means the School Standards and Framework Act 1998;

“governing body” means the governing body of the school in respect of which a change of category is proposed or, as the case may be, takes place;

“the implementation date” means the date approved or specified by the relevant school organisation committee or adjudicator under the modified Schedule 6 to the Act as the date on which it is intended that the change of category should take place or the date determined by the local education authority under the modified Schedule 6 to the Act as the date on which it is intended the change of category should take place;

“the modified Schedule 6 to the Act” means that Schedule as it has effect with modifications by virtue of Schedule 1 to these Regulations;

“the modified Schedule 12 to the Act” means that Schedule as it has effect with modifications by virtue of Schedule 4 to these Regulations;

“proposals” means proposals published under paragraph 2 or 3 of Schedule 8 to the Act with any modifications made by the school organisation committee or adjudicator under paragraph 3 or 5 of the modified Schedule 6 to the Act;

“relevant school organisation committee” means the school organisation committee established for the area of the local education authority which maintains the school in question.

(2) In these Regulations, unless the context otherwise requires, a reference to a Schedule is a reference to a Schedule to these Regulations.

Breach of Prescribed Time Limits

3.  A failure by a local education authority or a governing body to discharge any duty within a time limit prescribed by these Regulations shall not relieve the authority or the governing body of that duty.

Proposals

4.—(1) Where—

(a) a local education authority propose under paragraph 2 of Schedule 8 to the Act that a community school should become a foundation school or that a community special school should become a foundation special school;

(b) a governing body propose under paragraph 2 of Schedule 8 to the Act that a community, foundation, voluntary aided, or voluntary controlled school should become a school within another of those categories;

(c) a governing body propose under paragraph 2 of Schedule 8 to the Act that a community special school should become a foundation special school or a foundation special school should become a community special school;

(d) a governing body of a voluntary aided school are unable or unwilling to carry out their obligations under Schedule 3 to the Act and are required to publish proposals under paragraph 3 of Schedule 8 to the Act,

section 28(3), (5), (6), (8), (10) and (11) of, and Part I of Schedule 6 to, the Act shall apply to the proposals published under paragraph 2 or 3 of Schedule 8 to the Act and shall do so with the modifications set out in Schedule 1.

(2) The provisions of section 28 of, and Part 1 of Schedule 6 to, the Act so applied are set out as modified in Schedule 2.

Restrictions on Changing Category of School

5.  A school may not change category to become a voluntary aided school unless the governing body of the school satisfy the relevant school organisation committee that the governing body (as the governing body of a voluntary aided school) will be able to carry out their obligations under Schedule 3 to the Act for a period of at least five years following the implementation date.

6.  A school’s change of category under these Regulations shall not be taken as authorising a school to establish, join or leave a foundation body.

7.  A foundation, voluntary aided or voluntary controlled school may not become a community school and a foundation special school may not become a community special school unless any transfer agreement required by (as the case may be) paragraph 6, 7, 9, or 12 of Schedule 6 has been entered into.

Voting of members of school organisation committees on proposals

8.—(1) In this regulation a reference to a group of members of a school organisation committee is a reference to a group of members of the committee appointed under a particular sub-paragraph of regulation 5(1) of the Education (School Organisation Committees) (England) Regulations 1999(1).

(2) Each group of members shall collectively have a single vote in relation to any decision of the committee as to whether or not—

(a) to give any approval under paragraph 3 of the modified Schedule 6 to the Act;

(b) to modify any proposals or specify a later date under paragraph 5(2)(a) or (b) of the modified Schedule 6 to the Act;

(c) to make a determination under paragraph 5(3) of the modified Schedule 6 to the Act;

(d) to consent under paragraph 3(9) of the modified Schedule 6 to the Act to the withdrawal of proposals; or

(e) to defer consideration of whether to take any decision on any of the matters referred to in sub-paragraphs (a) to (d).

(3) All decisions on questions referred to in paragraph (2) shall be unanimous decisions of all those voting.

Implementation

9.  On the implementation date the school shall change category in accordance with the proposal.

Transfer of Staff

10.  Schedule 3 shall have effect in relation to the transfer of staff.

Instrument of Government

11.—(1) The governing body and the local education authority shall secure that by the end of the implementation period a new instrument of government is made for the school in accordance with the modified Schedule 12 to the Act.

(2) The implementation period is the period commencing—

(a) on the date a proposal is approved under paragraph 3 of the modified Schedule 6 to the Act, or

(b) on the date the local education authority determine to implement a proposal under paragraph 4 of the modified Schedule 6 to the Act,

and ending on the implementation date.

(3) The new instrument of government shall take effect from the date of making for the purpose of reconstituting the governing body but shall not affect the constitution of the governing body conducting the school pending the implementation date.

(4) For all other purposes, the new instrument of government shall take effect from the implementation date.

12.—(1) In the case of a school becoming a foundation school or a foundation special school—

(a) the new instrument of government shall be made in the form set out in Part I of Schedule 4,

(b) it shall be a sufficient compliance with sub-paragraph (a) if the instrument of government is in a form substantially to the like effect to the form set out in Part I of Schedule 4.

(2) In the case of a school becoming a voluntary aided school—

(a) the new instrument of government shall be made in the form set out in Part II of Schedule 4, and

(b) it shall be a sufficient compliance with sub-paragraph (a) if the instrument of government is in a form substantially to the like effect to the form set out in Part II of Schedule 4.

(3) In the case of a school becoming a voluntary controlled school—

(a) the new instrument of government shall be made in the form set out in Part III of Schedule 4, and

(b) it shall be a sufficient compliance with sub-paragraph (a) if the instrument of government is in a form substantially to the like effect to the form set out in Part III of Schedule 4.

(4) In the case of a school becoming a community school—

(a) the new instrument of government shall be made in the form set out in Part IV of Schedule 4, and

(b) it shall be a sufficient compliance with sub-paragraph (a) if the instrument of government is in a form substantially to the like effect to the form set out in Part IV of Schedule 4.

(5) In the case of a school becoming a community special school—

(a) the new instrument of government shall be made in the form set out in Part V of Schedule 4,

(b) it shall be a sufficient compliance with sub-paragraph (a) if the new instrument of government is in a form substantially to the like effect to the form set out in Part V of Schedule 4.

13.—(1) Schedule 12 to the Act shall apply to the new instruments of government referred to in regulation 12 with the modifications set out in Part VI of Schedule 4.

(2) The provisions of Schedule 12 to the Act so applied are set out as modified in Schedule 5.

Reconstitution of governing body

14.—(1) The governing body and the local education authority shall secure that as soon as reasonably practicable after the commencement of the implementation period (and in any event within a period of three months beginning on the implementation date) the governing body are reconstituted in accordance with the new instrument of government, and the modified Schedule 12 to the Act.

(2) The current governing body shall exercise their functions under the Act and these Regulations in a manner calculated to enable the local education authority to fulfil their duties under paragraph (1).

Current governors continuing in office

15.—(1) Paragraph (2) applies to any member of a current governing body in respect of which a new instrument of government has been made under these Regulations.

(2) Subject to regulation 16 a governor to whom this paragraph applies shall continue from the implementation date (or the making of the new instrument of government if later) as a governor of the corresponding category required by the new instrument of government (if any such category exists).

(3) A member of a current governing body who continues as a governor under paragraph (2) shall hold office for the remainder of the term for which he was originally appointed or elected.

(4) The proceedings of the governing body shall not be invalidated by the school having more governors of a particular category than are provided for by the new instrument of government, pending removal of the surplus governors pursuant to regulation 16.

Surplus governors

16.—(1) Where

(a) on or after the implementation date a school has more governors of any of the categories of governors than are required as governors of the corresponding category by the new instrument of government; and

(b) the excess is not eliminated by the required number of governors resigning,

such number of that category as is required to eliminate the excess shall cease to hold office in accordance with paragraphs (2) and (3).

(2) The governors who are to cease to hold office shall be determined on the basis of seniority, the governor whose current period of continuous service (whether as a governor of one or more than one category) is the shortest being the first to cease to hold office.

(3) Where it is necessary for the purposes of paragraph (2) to select one or more governors from a group of equal seniority, it shall be done by drawing lots.

(4) For the purposes of this regulation, additional co-opted governors nominated by a particular category of person are treated as if they constituted a separate category of governor.

(5) Any procedure set out in the new instrument of government for the removal of excess foundation governors shall not apply to the reconstitution of the governing body under these Regulations.

Transfer of Land

17.  Schedule 6 shall have effect in relation to the transfer of land.

Transitional Provisions

18.  Where a community or voluntary controlled school changes category to become a voluntary aided, or foundation school anything done before the implementation date by the local education authority as admission authority under any provision in Chapter I of Part III of the Act (admission arrangements) shall from the implementation date have effect as if done by the governing body.

19.  Where a foundation or voluntary aided school changes category to become a community or voluntary controlled school anything done before the implementation date by the governing body as admission authority under any provision in Chapter 1 of Part III of the Act (admission arrangements) shall from the implementation date have effect as if done by the local education authority.

Revocation

20.—(1) The Education (Change of Category of Maintained Schools) (England) Regulations 1999(2) (“the 1999 Regulations”) are hereby revoked.

(2) Any proposal published under paragraph 3 of Schedule 8 to the Act in accordance with the 1999 Regulations but not decided by the school organisation committee or adjudicator in accordance with the 1999 Regulations shall be treated as having been published in accordance with these Regulations.

(3) Any proposal published under paragraph 3 of Schedule 8 to the 1999 Regulations approved by the school organisation committee or adjudicator in accordance with the 1999 Regulations which had not been implemented on the date these Regulations came into force shall be treated as having been approved under these Regulations.

Jacqui Smith

Parliamentary Under Secretary of State,

Department for Education and Employment

9th August 2000