2005 No. 2913 (W.210)
EDUCATION, WALES

The Education Act 2002 (Transitional Provisions and Consequential Amendments) (Wales) Regulations 2005

Made
Coming into force
The National Assembly for Wales makes the following Regulations in exercise of the powers conferred on it by section 214 of the Education Act 20021.

Title, commencement and application

1.

(1)

The title of these Regulations is the Education Act 2002 (Transitional Provisions and Consequential Amendments) (Wales) Regulations 2005 and they come into force on 31 October 2005.

(2)

These Regulations apply in relation to Wales.

Interpretation

2.

(1)

In these Regulations—

“the 1996 Act” (“Deddf 1996”) means the Education Act 19962;
“the 1998 Act” (“Deddf 1998”) means the School Standards and Framework Act 19983; and

“the 2002 Act” (“Deddf 2002”) means the Education Act 2002.

Modification of section 28D(7) the Disability Discrimination Act 1995

3.

In section 28D(7)(a) of the Disability Discrimination Act 19954 (Accessibility strategies and plans), after the words “maintained schools” insert the words “and maintained nursery schools”.

Modification of section 579(1) of the 1996 Act

4.

In section 579(1) of the 1996 Act5 (General interpretation), in the definition of “proprietor” after “foundation special school” there is inserted “or a maintained nursery school,”.

Instruments of government

5.

Despite the coming into force of section 20(1) of the 2002 Act and the repeal of section 37(1) of and Schedule 12 to the 1998 Act6, all instruments of government of maintained schools are to remain in force until replaced by a new instrument of government made in accordance with the Government of Maintained Schools (Wales) Regulations 20057.

New schools

6.

(1)

Despite the coming into force of section 34 of the 2002 Act and the repeal of section 44 of the 1998 Act8, section 44 of the 1998 Act and the Education (New Schools) (Wales) Regulations 19999 are to continue to apply in relation to a temporary governing body constituted before 31 October 2005.

(2)

Where paragraph (1) applies—

(a)

provisions of the 1998 Act referred to in section 44 of the 1998 Act and in the Education (New Schools) (Wales) Regulations 1999 which have been revoked by the 2002 Act are to have effect as though they had not been revoked;

(b)

section 44 of the 1998 Act is to have effect as though subsection (3)(b) were omitted and as though in subsection (4) there were substituted for “the school opening date” the words “the date notified to the temporary governing body by the local education authority”; and

(c)

the Education (New Schools) (Wales) Regulations 1999 are to have effect as though for “the school opening date” in regulation 31(1) there were substituted the words “the date notified to the temporary governing body by the local education authority” and as though regulation 31(3) were omitted.

Maintained nursery schools

7.

(1)

Despite the coming into force of the definition of maintained school in section 39 of the 2002 Act10, the requirements imposed by sections 19(1) and 20(1) of the 2002 Act11 in so far as they relate to maintained nursery schools need not be met until 31 March 2006.

(2)

Until an instrument of government is in force for a maintained nursery school under section 20(1) of the 2002 Act, the relevant provisions have effect only for the purpose of enabling the instrument of government to be made and the governing body to be constituted for that school.

(3)

Accordingly until such time, the National Assembly for Wales, local education authorities, governing bodies and head teachers are to continue to have those same functions in relation to maintained nursery schools as they had immediately before the commencement of the relevant provisions.

(4)

In this regulation “the relevant provisions” means the provisions of the Education Act 2002 brought into force by the Education Act 2002 (Commencement No. 7) Order 200512 and the provisions of these Regulations, in so far as functions are conferred on the National Assembly for Wales, local education authorities, governing bodies or head teachers by or under those provisions in relation to maintained nursery schools.

Maintained nursery schools and delegated budgets

8.

The application of Chapter 4 of Part 2 of the 1998 Act to maintained nursery schools, made by the amendment of section 45 of the 1998 Act by paragraph 99(2) of Schedule 21 to the 2002 Act13, is to have effect in the period ending immediately before 1 April 2006 only for the purpose of financing maintained nursery schools in any financial year beginning on and after that date.

Membership of education committees

9.

Despite the substitution of section 499(9)(b) of the 1996 Act made by paragraph 50 of Schedule 21 to the 2002 Act14, a parent governor appointed or elected to a governing body constituted under section 36 of the 1998 Act is also to be treated as a parent governor for the purposes of section 499(6) and (8) of the 1996 Act.

Amendment of the Parent Governor Representatives and Church Representatives (Wales) Regulations 2001

10.

(1)

The Parent Governor Representatives and Church Representatives (Wales) Regulations 200115 are amended as follows.

(2)

In regulation 3, for the definition of “school” substitute the following—

““school” (“ysgol”) means a community, foundation or voluntary school, a community or foundation special school or a maintained nursery school;”.

Amendment to the School Government (Terms of Reference) (Wales) Regulations 2000

11.

(1)

The School Government (Terms of Reference) (Wales) Regulations 200016 are amended as follows.

(2)

In regulation 2(2)(a) and (b) after the words “foundation special school” insert the words “or a maintained nursery school”.

(3)

In regulation 7 substitute for the words “Regulation 41 of the Education (School Government) (Wales) Regulations 1999” the words “regulation 50 of the Government of Maintained Schools (Wales) Regulations 200517”.

(4)

Insert at the end of regulation 9 the following—

“(5)

This regulation does not apply to maintained nursery schools.”

(5)

Insert at the end of regulation 10 the following—

“(11)

This regulation does not apply to maintained nursery schools.”

Amendment of the Changing of School Session Times (Wales) Regulations 2000

12.

(1)

The Changing of School Session Times (Wales) Regulations 200018 are amended as follows.

(2)

In regulation 2(1) insert after the words “community special school” the words “or maintained nursery school”.

Amendment of the Education (Payment for Special Educational Needs Supplies) Regulations 1999

13.

The Education (Payment for Special Educational Needs Supplies) Regulations 199919 are amended by inserting in regulation 1(2) after “foundation special school” the words “or maintained nursery school”.

Amendment of the Special Educational Needs (Provision of Information by Local Education Authorities) (Wales) Regulations 2002

14.

(1)

The Special Educational Needs (Provision of Information by Local Education Authorities) (Wales) Regulations 200220 are amended as follows—

(a)

regulation 1(4) is omitted;

(b)

in paragraph 1 of the Schedule insert after the words “budget shares” the words “or maintained nursery schools' budget shares”;

(c)

in paragraph 3(b) of the Schedule insert after the words “maintained schools” the words “and maintained nursery schools”.

(2)

Regulations 2(a) and 3(1) to (3) of the Special Educational Needs (Provision of Information by Local Education Authorities) (Wales) Regulations 2002 apply in relation to the information required to be published as a result of the amendments made by paragraph (1) as though for “30 April 2002” and “31 July 2002” in regulation 3(2) and (3) there were substituted “30 April 2006” and “31 July 2006”.

Amendment of the Education (Pupil Registration) Regulations 1995

15.

Regulation 2 of the Education (Pupil Registration) Regulations 199521 is amended by inserting in the definition of “proprietor” after the words “foundation special school” the words “or a maintained nursery school”.

Exclusions

16.

Despite the coming into force of section 52 (11) of the Education Act 200222 and despite regulation 7 of these Regulations, the Education (Pupil Exclusions and Appeals) (Maintained Schools) (Wales) Regulations 200323 apply in relation to maintained nursery schools only in relation to exclusions on or after 1 April 2006.

Amendment of the Education (Budget Statements) (Wales) Regulations 2002

17.

(1)

The Education (Budget Statements) (Wales) Regulations 200224 are amended as follows.

(2)

In regulation 2(1) for the definition of “school” substitute the following—

“school” (“ysgol”) means a community, foundation or voluntary school, a community or foundation special school or a maintained nursery school;”.

Amendment of the LEA Budget, Schools Budget and Individual Schools Budget (Wales) Regulations 2003

18.

(1)

The LEA Budget, Schools Budget and Individual Schools Budget (Wales) Regulations 200325 are amended as follows.

(2)

In regulation 2(3) after the words “foundation special school” insert the words “or maintained nursery school”.

(3)

In paragraph 5(a) of Schedule 1, insert after the words “the authority” the words “or a maintained nursery school”.

(4)

In Schedule 2—

(a)

in paragraph 1(b) insert after the words “a maintained school” the words “or a maintained nursery school”;

(b)

in paragraph 2(b) insert after the words “the authority” the words “or a maintained nursery school”;

(c)

in paragraph 3 insert before the word “primary” the words “maintained nursery school or”;

(d)

in each of sub-paragraphs (a), (b) and (c) of paragraph 6, insert before the word “primary” the words “maintained nursery schools,”.

Amendment of the Schools Budget Shares (Wales) Regulations 2004

19.

(1)

The Schools Budget Shares (Wales) Regulations 200426 are amended as follows.

(2)

In regulation 1(2) insert after the words “maintained schools” the words “, except maintained nursery schools,”.

(3)

Add after regulation 1(2) the following—

“(3)

These Regulations apply for the purpose of the financing of maintained nursery schools in Wales in respect of any financial year beginning after 31 March 2006.”.

Amendment of the Schools Forums (Wales) Regulations 2003

20.

(1)

The Schools Forums (Wales) Regulations 200327 are amended as follows.

(2)

Omit from regulation 4 (5) the words “excludes a nursery school”.

School Inspections

21.

Despite the amendments made to the definition of “appropriate body” in section 11(4) of the School Inspections Act 1996 by paragraph 60 of Schedule 21, the references to “appropriate body” in sections 16(4) and 17 of that Act in relation to an inspection of a maintained nursery school that took place before a governing body was constituted for that school are to have effect as if they were references to the local education authority, and the amendment made by paragraph 64 to section 18(1)(a) of that Act is not to have effect in relation to such an inspection.

22.

(1)

The Education (School Inspection) (Wales) Regulations 199828 are amended by inserting in regulation 5(1)(a) and (b) after the word “voluntary” the words “, maintained nursery school”.

(2)

References to provisions of the School Inspections Act 1996 and the 1998 Act in the Education (School Inspection) (Wales) Regulations 199829 are to those provisions as amended by the 2002 Act, but where an inspection report on a maintained nursery school has been received before a governing body was constituted for the school, regulations 8 and 10 have effect as though the appropriate authority were the local education authority.

Amendment of the Education (Inspection of Nursery Education) (Wales) Regulations 1999

23.

(1)

The Education (Inspection of Nursery Education) (Wales) Regulations 199930 are amended as follows.

(2)

In regulation 3(3)(a) omit the words “(except in the case of a nursery school)”.

Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 199831.
D. Elis-Thomas
The Presiding Officer of the National Assembly
(This note is not part of the Regulations)

These Regulations apply transitional modifications to the Education Act 2002 in connection with the bringing into force of provisions of the Act by the Education Act 2002 (Commencement No. 7) (Wales) Order 2004. They also make amendments to a number of regulations which are mainly consequential on the new requirement on maintained nursery schools to have governing bodies.

References below to sections and Schedules (without more) are references to sections of and Schedules to the Education Act 2002.

Regulation 3 amends section 28D(7)(a) of the Disability Discrimination Act 1995 so that when read with the amendments to that Act made by paragraphs 26 and 29 of Schedule 21, it is clear that the duties in relation to accessibility plans are imposed on governing bodies of maintained nursery schools.

Regulation 4 amends the definition of “proprietor” in section 579 of the Education Act 1996 (“the 1996 Act”) so that it includes a reference to governing bodies of maintained nursery schools.

Regulation 5 provides that a school’s existing instrument of government is to continue in force until it has been replaced by a new instrument made under regulations under section 20.

Regulation 6 provides that the provisions of the School Standards and Framework Act 1998 (“the 1998 Act”) continue to apply in relation to a temporary governing body of a new school constituted under section 44 of the 1998 Act before 31 October 2005. It also modifies section 44 of the 1998 Act and the Education (New Schools) (Wales) Regulations 1999 so that such a temporary governing body need not reconstitute as a permanent governing body until the date notified to them by the LEA. This avoids the need for governing bodies to be constituted for new schools under the 1998 Act, and then re-constitute under the new arrangements.

Regulation 7 provides that the requirement for a governing body to be constituted for a maintained nursery schools does not apply until 31 March 2006, but if a governing body is constituted before that date, they are to have all the powers and duties of a governing body from the date on which they are constituted.

Regulation 8 makes provision in connection with the financing of maintained nursery schools. Provisions of the 1998 Act relating to the financing of maintained schools are to apply to maintained nursery schools only in relation to financial years beginning on and after 1 April 2006.

Regulation 9 allows parent governors of governing bodies constituted under the 1998 Act, as well as parent governors of governing bodies constituted under regulations made under section 19, to be treated as parent governors for the purposes of section 499 of the 1996 Act. Section 499 of the 1996 Act enables regulations to require a local authority’s education committee to include representatives of parent governors.

Regulations 10 to 15 amend various regulations so as to provide that they apply to maintained nursery schools. The amended regulations are the Parent Governor Representatives and Church Representatives (Wales) Regulations 2001, the School Government (Terms of Reference) (Wales) Regulations 2000, the Changing of School Session Times (Wales) Regulations 2000, the Education (Payment for Special Educational Needs Supplies) Regulations 1999, the Special Educational Needs (Provision of Information by Local Education Authorities) (Wales) Regulations 2002 and the Education (Pupil Registration) Regulations 1995.

Regulation 16 provides that the Education (Pupil Exclusions and Appeals) (Maintained Schools) (Wales) Regulations 2003 apply to maintained nursery schools only in relation to exclusions on or after 1 April 2006.

Regulation 17 and 18 amend the Education (Budget Statements) (Wales) Regulations 2002 and the LEA Budgets, Schools Budget and Individual Schools Budget (Wales) Regulations 2003 so that they apply to maintained nursery schools.

Regulation 19 amends the Schools Budget Shares (Wales) Regulations 2004 so that they apply to maintained nursery schools only in respect of financial years beginning after 31 March 2006.

Regulation 20 amends the School Forums (Wales) Regulations 2003 so that representatives of a primary school on a school forum can include a representative of a maintained nursery school. This is to reflect the fact that maintained nursery schools are to have delegated budgets.

Regulations 21 and 22 make transitional provision in relation to school inspections of maintained nursery schools. Regulation 23 amends the Education (Inspection of Nursery Education) (Wales) Regulations 1999 consequential on the requirement for maintained nursery schools to have governing bodies.