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The Education (Transition to New Framework) (New Schools, Groups and Miscellaneous) Regulations 1999

S.I. 1999/362 · Made 16 February 1999

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

EDUCATION, ENGLAND AND WALES

Made 16th February 1999

Laid before Parliament 17th February 1999

Coming into force 10th March 1999

In exercise of the powers conferred on the Secretary of State by sections 138(7) and 144 of, and paragraph 10 of Schedule 2, paragraphs 4, 5, 15(1) and (2) and 16 of Schedule 9, paragraph 1 of Schedule 10, paragraphs 1, 2 and 3 of Schedule 11, and paragraphs 1(5) and 6 of Schedule 12 to, the School Standards and Framework Act 1998f1 and all other enabling powers, the Secretary of State for Education and Employment, as respects England, and the Secretary of State for Wales, as respects Wales, hereby make the following Regulations:

Annotations to the whole text

Footnotes

f1

1998 c. 31; for the meaning of “prescribed” and “regulations” see section 142(1).

Contents

  1. Part I: INTRODUCTION
  2. 1Citation, commencement and application
  3. 2Interpretation
  4. 3New and grouped schools: interpretation
  5. 4Conflicting regulations and instruments of government
  6. 5Breach of prescribed time limits
  7. Part II: NEW LEA MAINTAINED SCHOOLS
  8. 6Allocation of new LEA maintained schools to new categories
  9. 7Making instrument of government
  10. 8Modifications to the 1998 Act to enable the instrument of government to be made before the appointed day
  11. 9Modifications to the 1998 Act to enable the instrument of government to be made on or after the appointed day
  12. 10Additional co-opted governors
  13. 11Substitutes for ex officio foundation governors
  14. 12Instrument of government
  15. 13The transitional governing body
  16. 14Constitution of the governing body under the instrument of government
  17. 15New governors
  18. 16Appointment or election of new governors
  19. 17Joint appointments
  20. 18Information for successors
  21. 19Elections
  22. 20Tenure of office
  23. 21Qualifications and disqualifications
  24. 22Property, rights and liabilities
  25. 23Rights and liabilities under contract of employment
  26. 24Definitions for regulations 22 and 23
  27. 25Registered land and construction of agreements
  28. Part III: NEW GRANT-MAINTAINED SCHOOLS
  29. 26Making of the instrument of government
  30. 27Modifications to the 1998 Act to enable the instrument of government to be made before the appointed day
  31. 28Additional co-opted governors and substitutes for ex officio foundation governors
  32. 29Instrument of government
  33. 30The GM transitional governing body
  34. 31Reconstitution of new GM school governing body
  35. 32Governors ceasing to hold office
  36. 33Governors continuing in office
  37. 34Removal of surplus governors
  38. 35New governors
  39. 36Appointment or election of new governors
  40. 37Joint appointments
  41. 38Elections
  42. 39Tenure of office
  43. 40Qualifications and disqualifications
  44. Part IV: GROUPED SCHOOLS
  45. 41Transitional amendments to the 1996 Act
  46. 42Time limit for making the instrument of government
  47. 43Modifications to the 1998 Act where the instrument of government is made before the appointed day
  48. 44Modifications to the 1998 Act where the instrument of government is made on or after the appointed day
  49. 45Additional co-opted governors and substitutes for ex officio foundation governors
  50. 46Instrument of government
  51. 47Constitution of the governing body under the instrument of government
  52. 48New governors
  53. 49The grouped transitional governing body
  54. 50Dissolution of grouped governing body or grouped transitional governing body
  55. 51Elections
  56. 52Tenure of office
  57. 53Qualifications and disqualifications
  58. 54Transfer of property
  59. 55Transfer of staff
  60. 56Modification of section 73 of the 1998 Act
  61. Part V: ADDITIONAL GOVERNORS AT SCHOOLS CAUSING CONCERN
  62. 57Additional governors continuing in office
  63. 58Additional governors at new or grouped GM schools ceasing to hold office
  64. 59Additional governors at other GM schools ceasing to hold office
  65. Part VI
  66. 60Governors as trustees
  67. Part VII
  68. 61Miscellaneous Amendments to the First Transitional Regulations
  69. Signature
  70. Schedule 1: ADDITIONAL CO-OPTED GOVERNORS
  71. 1Paragraph 1
  72. 2Paragraph 2
  73. 3Paragraph 3
  74. 4Paragraph 4
  75. Schedule 2INSTRUMENT OF GOVERNMENT PRO-FORMAS
  76. Schedule 3: CO-OPTED GOVERNORS
  77. 1Paragraph 1
  78. 2Paragraph 2
  79. 3Paragraph 3
  80. Schedule 4: PARENT GOVERNORS
  81. 1Paragraph 1
  82. 2Paragraph 2
  83. 3Paragraph 3
  84. 4Paragraph 4
  85. 5Paragraph 5
  86. 6Paragraph 6
  87. Schedule 5: PARTNERSHIP GOVERNORS
  88. 1Paragraph 1
  89. 2Paragraph 2
  90. 3Paragraph 3
  91. 4Paragraph 4
  92. 5Paragraph 5
  93. 6Paragraph 6
  94. 7Paragraph 7
  95. 8Paragraph 8
  96. 9Paragraph 9
  97. Schedule 6: QUALIFICATIONS AND DISQUALIFICATIONS
  98. 1Paragraph 1
  99. 2Paragraph 2
  100. 3Paragraph 3
  101. 4Paragraph 4
  102. 5Paragraph 5
  103. 6Paragraph 6
  104. 7Paragraph 7
  105. 8Paragraph 8
  106. 9Paragraph 9
  107. 10Paragraph 10
  108. Explanatory note