SCHEDULEPROVISIONS OF ENACTMENTS APPLYING IN RELATION TO NEW SCHOOLS WITH MODIFICATIONS

Regulation 9

1.

The following provisions of the Education Acts, namely—

(a)

sections 324(5)(b), 324(5A) and 439 of the Education Act 1996;

(b)

sections 1, 84, 85A, 86, 87, 89B, 89C, 92, 94, 95 to 99, 101, 102 and 103(3) of the 1998 Act;

(c)

any Regulations made under any of the provisions referred to in sub-paragraphs (a) and (b) above,

apply in relation to a new school but subject to the exceptions and modifications specified in paragraphs 2 to 8 below.

2.

A reference in any of the provisions specified in paragraph 1 to a school of one of the following categories, namely—

(a)

a maintained school;

(b)

a school maintained by a local education authority;

(c)

a community, foundation or voluntary school,

are to be construed as a reference to a new school which will become a school of that category when it first admits pupils.

3.

A reference in any of those provisions to a governing body of a school is to have effect as if it were a reference to a temporary governing body or (where the context admits) to any other person responsible for the admission of pupils under the initial admission arrangements.

4.

A reference in any of those provisions to admission arrangements is to be construed as a reference to initial admission arrangements as defined in regulation 3.

5.

A reference in any of those provisions to an admission authority is to have effect as if it were a reference to an admission authority as defined in regulation 3.

6.

Section 101(1) of the 1998 Act is to have effect as if in sub-paragraph (a) for the words “any year” there is to be substituted “the year in which pupils are first to be admitted to a new school”.

7.

Section 103(3) of the 1998 Act is to have effect as if the words “(whether authorised by section 100 or section 101)” were omitted.

8.

Part 4 of the Education (School Information) (Wales) Regulations 19999 is not to apply in relation to any new school, the school opening date for which is between 15 April and 1 August in any year.