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Explanatory note

Original text. Later amendments are not shown.

(This note is not part of the Regulations)

By orders made under section 220 of the Education Act 1993 responsibility for the conduct of county and voluntary schools may be transferred to education associations, and sections 221 to 227 of the Act make further provision regarding the subsequent conduct (or discontinuance) of such schools. Under section 228(2) and (3) of the Act regulations may apply these provisions with modifications to maintained special schools and may provide for the transfer to education associations of responsibility for the conduct, and the subsequent conduct, of such schools.

These Regulations—

1

apply sections 220 to 227 of the Act to maintained special schools with the modifications made by regulation 2;

2

apply section 35 of the Act (which provides for the exercise of powers by the governing bodies of schools following the approval of proposals for grant-maintained status but before their implementation), certain provisions of Part II of the Act (which concerns grant-maintained schools) and the Education (Acquisition of Grant-maintained Status) (Transitional Functions) Regulations 1993 to the transfer to an education association of responsibility for the conduct of a maintained special school with the modifications made by regulations 3 and 4 and Schedule 1;

3

provide for the implementation, after the transfer of responsibility for the conduct of a maintained special school to an education association, of proposals to alter such a school approved before the transfer (regulation 5) and prohibit the making of proposals to alter or discontinue such a school where an order under section 220 of the 1993 Act has been made in respect of it (regulation 6); and

4

provide for the enactments referred to in regulation 8(2) and (3) and Schedule 2 to have effect in relation to the conduct of special schools by education associations with the modifications in that Schedule (regulation 8) and apply the provisions of the National Curriculum to such schools when not established in hospitals with the modifications made by Schedule 3 (regulation 9).