Paragraph 1 Interpretation

In this Instrument—

• “the 1986 Act” means the Education (No. 2) Act 1986^f1;

• “the 1988 Act” means the Education Reform Act 1988^f2;

• “the 1993 Act” means the Education Act 1993;

• “funding authority” has the meaning assigned to it by section 5(1) of the 1993 Act;

• “the Governing Body” means the governing body of any grant-maintained special school for which this Instrument is the instrument of government by virtue of paragraph 2(1) and (2) of Schedule 11 to the 1993 Act;

• “implementation date” means the date specified in the Proposals as the proposed date for their implementation;

• “incorporation date” means the date on which the Governing Body were incorporated;

• “initial first governor”—

  1. (a)

     where the governing body were incorporated in pursuance of proposals made under section 186 of the 1993 Act, has the meaning assigned to it by paragraphs 2 and 7(1) of Schedule 7 to the 1993 Act (as applied in relation to maintained special schools becoming grant-maintained special schools by regulation 15A of the Education (Grant-maintained Special Schools) Regulations 1994^f3; or

  2. (b)

     where the governing body were incorporated in pursuance of proposals for the establishment of a new grant-maintained special school, means a person appointed by the funding authority as appearing to them to be committed to the good government and continuing viability of the School;

• “initial parent governor” has the meaning assigned to it by paragraphs 2 and 5 of Schedule 7 to the 1993 Act (as applied in relation to maintained special schools becoming grant-maintained special schools by regulation 15A of the Education (Grant-maintained Special Schools) Regulations 1994);

• “initial teacher governor” has the meaning assigned to it by paragraphs 2 and 6 of Schedule 7 to the 1993 Act (as applied in relation to maintained special schools becoming grant-maintained special schools by regulation 15A of the Education (Grant-maintained Special Schools) Regulations 1994);

• “proposals for the establishment of a new grant-maintained special school” means proposals made under section 183(3)(a) of the 1993 Act;

• “registered”, in relation to parents or pupils, means shown in the register kept under section 80 of the Education Act 1944^f4; and

• “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 special school, during the period before the implementation date, the school proposed to be so conducted.

The following provisions apply for the purposes of this Instrument.

References to “the Proposals” are to the proposals made under section 183(3)(a) or, as the case may be, 186 of the 1993 Act in pursuance of which the Governing Body were incorporated; and, where the Secretary of State modified those proposals (in accordance with, as the case may be, section 33(2)(b) or 184(4) of the 1993 Act), they are references to the proposals as so modified.

In sub-paragraph (3) above, the reference to section 33(2)(b) of the 1993 Act is a reference to that section as it applies in relation to proposals for a maintained special school to become a grant-maintained special school by virtue of regulation 6 of the Education (Grant-maintained Special Schools) Regulations 1994.

Any reference to a provision of Chapter V of Part II of the 1993 Act (including any provision of Schedules 5 and 6 to that Act) shall have effect as a reference to any such provision as applied in relation to grant-maintained special schools and the governing bodies of such schools by the Education (Grant-maintained Special Schools) Regulations 1994.

Unless the context otherwise requires, “parent”, in relation to a pupil at the School, includes any person—

except for the purposes of paragraphs 2, 5, 7 and 8 below, where it only includes such a person if he is an individual.

For the purposes of sub-paragraph (6) above—