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

Explanatory Note

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Regulation 5 provides that a school’s existing instrument of government is to continue in force until it has been replaced by a new instrument made under regulations under section 20.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