{
  "url": "https://openlegislation.uk/education-school-government-transition-to-new-framework-regulations-1998/note",
  "json_url": "https://openlegislation.uk/education-school-government-transition-to-new-framework-regulations-1998/note.json",
  "legislation": "uksi/1998/2763",
  "legislation_title": "The Education (School Government) (Transition to New Framework) Regulations 1998",
  "legislation_url": "https://openlegislation.uk/education-school-government-transition-to-new-framework-regulations-1998",
  "path": "note",
  "kind": "note",
  "number": null,
  "heading": "Explanatory note",
  "text": "(This note is not part of the Regulations)\nThese Regulations make provision for the preparation of instruments of government and the reconstitution of governing bodies under those instruments as required by Schedules 10 and 12 to the School Standards and Framework Act 1998 (“the 1998 Act”).\nThe Regulations apply to schools which are currently county, voluntary, maintained special, grant-maintained or grant-maintained special schools, except new schools and schools grouped under one governing body.\nPart II of the Regulations provides for the making of the instrument of government in preparation for the implementation of the new framework for schools under the 1998 Act on 1st September 1999.\nLocal education authorities are to secure that instruments of government are made in accordance with Schedule 12 to the 1998 Act by 1st June 1999. The only exception is for grant-maintained or grant-maintained special schools where a determination by the Secretary of State as to the school’s new category is required and has not been made by 7th May 1999. In those cases, the time limit for making the instrument is 3 months from the date of the Secretary of State’s determination.\nProvision is made by Part II for the contents of the instruments of government and in particular in Schedule 1 for the circumstances in which co-opted governors may be appointed in accordance with paragraph 15(1) and (2) of Schedule 9 to the 1998 Act. The form of instruments of government is prescribed in Schedule 2.\nPart III provides for the reconstitution of governing bodies under instruments of government.\nRegulations 12 to 17 apply where the instrument of government is made before 1st September 1999 (whether or not by the end of the period prescribed in Part II).\nUnder regulations 12 and 13, governors will cease to hold office from midnight on 31st August 1999, unless they correspond to the categories of governor required by the new instrument of government. If there are more existing governors of any particular category than are required by the instrument of government, the surplus will be reduced in accordance with the procedure in regulation 14.\nRegulation 15 requires posts not filled by existing governors in accordance with regulation 13 to be filled by appointing or electing governors in advance ready to take effect from midnight on 31st August 1999. Schedules 3, 4 and 5 provide for the appointment of co-opted, parent and partnership governors.\nRegulation 18 applies where the instrument of government has been made before 1st September 1999, but the governing body are not fully reconstituted ready for that day. In such circumstances, the governing body continue as partially reconstituted until they are fully reconstituted. They must be fully reconstituted before 1st January 2000.\nRegulations 19 and 20 apply in cases where the instrument of government is not made before the appointed day. In such cases the governing body continues broadly as constituted immediately before the appointed day, until the instrument of government is made and the governing body reconstituted under that instrument with effect from midnight on 31st December 1999.\nRegulation 21 makes provision for elections of parent, teacher and staff governors.\nRegulation 22 sets out the lengths of time governors will hold office.\nRegulation 23 and Schedule 6 deal with disqualification of governors required by the new instruments of government.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/1998/2763/note",
    "retrieved_at": "2026-10-29T11:15:54.764334+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}