Paragraph 1 Interpretation
In this Instrument—
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“the 1986 Act” means the Education (No. 2) Act 1986f1;
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“the 1988 Act” means the Education Reform Act 1988f2;
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“the 1993 Act” means the Education act 1993;
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“first governor” has the meaning assigned to it by paragraph 12 of Schedule 7 to the 1993 Actf3;
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“foundation governor” has the meanng assigned to it by paragraph 13 of Schedule 7 to the 1993 Actf4;
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“funding authority” has the meaning assigned to it by section 5(1) of the 1993 Act;
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“the Governing Body” means the governing body of any grant-maintained school for which this Instrument is the instrument of government by virtue of section 56(1) and (2) of the 1993 Act;
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“implementation date” means the date specified in the Proposals as the proposed date for this implementation;
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“incorporation date” means the date on which the Governing Body were incorporated;
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“initial first governor” has the meaning assigned to it by paragraphs 2 and 7 of Schedule 7 to the 1993 Act;
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“initial foundation governor” has the meaning assigned to it by paragraphs 2 and 8 of Schedule to the 1993 Act;
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“initial parent governor” has the meaning assigned to it by paragraphs 2 and 5 of Schedule 7 to the 1993 Act;
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“initial sponsor governor” has the meaning assigned to it by paragraphs 2 and 9 of Schedule 7 to thr 1993 Act;
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“initial teacher governor” has the meaning assigned to it by paragraphs 2 and 6 of Schedule 7 to the 1993 Act;
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“parent governor” has the meaning assigned to it by paragraph 10 of Schedule 7 to the 1993 Actf5;
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“the Promoters” means, where the School was established in pursuance of proposals published under section 49 of the 1993 Act, the persons who proposed the establishment of the School in accordance with that section;
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“proposals for the acquisition of grant-maintained status” means, as the case may be, proposals published under section 62 of the 1988 Act or under section 32 of the 1993 Act;
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“proposals for the establishment of a new grant-maintained school” means, as the case may be, proposals published under section 48 or 49 of the 1993 Act;
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“registered”, in relation to parents or pupils, means shown in the register kept under section 80 of the Education Act 1944f6;
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“the School” means the school conducted by the Governing Body or, where the Governing Body were incorporated in pursuance of proposals for the establishment of a new grant-maintained school, during the period before the implementation date the school proposed to be so conducted;
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“sponsor governor” has the meaning assigned to it by paragraph 14 of Schedule 7 to the 1993 Act; and
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“teacher governor” has the meaning assigned to it by paragraph 11 of Schedule 7 to the 1993 Actf7.
In this Instrument, reference to “the Proposals” are to the proposals for acquisition of grant-maintained status, or (as the case may be) the proposals for the establishment of a new grant-maintained school, in pursuance of which the Governing Body were incorporated; and, where the Secretary of State modified the proposals (in accordance with, as the case may be, section 62(11) of the 1988 Act or section 33(2)(b) or 51(3) of the 1993 Act), they are references to the proposals as so modified.
In this Instrument, unless the context otherwise requires, “parent”, in relation to a pupil at the School, includes any person—
who is not a parent of his but who has parental responsibility for him, or
who has care of him,
except for the purposes of paragraphs 3, 7, 10 and 11 below, where it only includes such a person if he is an individual.
For the purposes of sub-paragraph (3) above—
“parental responsibility” has the same meaning as in the Children Act 1989f8; and
in determining whether an individual has care of a pupil, any absence of the pupil at a hospital or boarding school and any other temporary absences shcll be disregarded.
Annotations
Footnotes
- f1
- f2
- f3
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Paragraph 12 of Schedule 7 to the Education Act 1993 (c. 35) is subject to the modifications contained in paragraph 10(2)(c) of Schedule 2 to the Education Act 1993 (Commencement No. 2 and Transitional Provisions) Order 1993 (S.I. 1993/3106) as it applies to governing bodies incorporated under Chapter IV of Part I of the Education Reform Act 1988 (c. 40).
- f4
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Paragraph 13 of Schedule 7 to the Education Act 1993 (c. 35) is subject to the transitional provisions contained in paragraph 11 of Schedule 2 to the Education Act 1993 (Commencement No. 2 and Transitional Provisions) Order 1993 (S.I. 1993/3106) as it applies to governing bodies incorporated under Chapter IV of Part I of the Education Reform Act 1988 (c. 40).
- f5
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Paragraph 10 of Schedule 7 to the Education Act 1993 (c. 35) is subject to the modifications contained in paragraph 10(2)(a) of Schedule 2 to the Education Act 1993 (Commencement No. 2 and Transitional Provisions) Order 1993 (S.I. 1993/3106) as it applies to governing bodies incorporated under Chapter IV of Part I of the Education Reform Act 1988 (c. 40).
- f6
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1944 c. 31; section 80 was amended by paragraph 5 of Schedule 12 to the Education Reform Act 1988 (c. 40).
- f7
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Paragraph 11 of Schedule 7 to the Education Act 1993 (c. 35) is subject to the modifications contained in paragraph 10(2)(b) of Schedule 2 to the Education Act 1993 (Commencement No. 2 and Transitional Provisions) Order 1993 (S.I. 1993/3106) as it applies to governing bodies incorporated under Chapter IV of Part I of the Education Reform Act 1988 (c. 40).
- f8
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1989 c. 41, section 3.