text:
PART I
INTRODUCTION
Citation, commencement and application
1
1
These Regulations may be cited as the Education (New Schools) (England) Regulations 1999 and shall come into force on 1st September 1999.
2
These Regulations apply in relation to maintained schools and proposed such schools in England.
Interpretation
2
1
In these Regulations, unless the context otherwise requires —
“the 1996 Act ” means the Education Act 1996 ;
“the 1998 Act ” means the School Standards and Framework Act 1998;
“additional co-opted governor” means a co-opted governor required by virtue of paragraph 15 of Schedule 9 to the 1998 Act;
“employed to work” means employed under a contract of employment or a contract for services;
“grant-maintained school” and “grant-maintained special school” have the same meanings as in the 1996 Act;
“local education authority” means the local education authority by which a maintained school or a proposed such school is, or is to be, maintained;
“maintained school” means a community, community special, voluntary, foundation or foundation special school;
“ Main School Government Regulations ” means the Education (School Government) (England) Regulations 1999 ;
“ School Organisation Regulations ” means the Education (Transition to New Framework) (School Organisation Proposals) Regulations 1999 ;
“the Second Transitional Regulations ” means the Education (Transition to New Framework) (New Schools, Groups and Miscellaneous) Regulations 1999 .
2
Except where the context otherwise requires, the words or expressions used in these Regulations set out in the first column of the table below have the meaning given by (or as the case may be) are to be interpreted in accordance with, the provisions referred to in the second column of that table:
“arrangements” section 44(1) of the 1998 Act; “Education Action Forum” section 11(2) of the 1998 Act; “education action zone” section 10(1) of the 1998 Act; “education action zone” section 10(1) of the 1998 Act; “have a delegated budget” (except in Part VI) section 49(7) of the 1998 Act; “school opening date” section 44(9) of the 1998 Act; “sponsor” paragraph 1 of Schedule 1 to the Main School Government Regulations.
3
Unless the context otherwise requires, any reference in these Regulations to —
a
a numbered Part, regulation or Schedule is a reference to the Part, regulation or Schedule in these Regulations so numbered;
b
a numbered paragraph is a reference to the paragraph so numbered in the regulation or Schedule in which the reference appears; and
c
a numbered sub-paragraph is a reference to the sub-paragraph so numbered in the paragraph in which the reference appears.
Interpretation of “temporary governing body”
3
1
Any reference in these Regulations to the temporary governing body is a reference to the temporary or transitional governing body of any school or proposed school in respect of which the provision applies (whether such body is constituted under section 44 of the 1998 Act or treated as so constituted by virtue of regulation 13 of the School Organisation Regulations or regulation 13(5) of the Second Transitional Regulations), and any reference to a temporary governor is a reference to a member of such a temporary or transitional governing body.
2
Unless the context otherwise requires, any reference in these Regulations to a temporary governor of a particular category shall be interpreted in accordance with Part III.
PART II
ARRANGEMENTS FOR THE COMPOSITION OF TEMPORARY GOVERNING BODIES
Application of Part II
4
1
This Part —
a
except for regulation 8, shall not apply in any case to which regulation 13 of the School Organisation Regulations applies;
b
shall not apply in any case to which regulation 13 of the Second Transitional Regulations applies.
2
In this Part, any reference (however framed) to proposals published under section 28 or 31 of the 1998 Act to establish a school shall include proposals which have been published or notice of which has been served under the 1996 Act before 1st September 1999 and to which regulation 8 (approval of proposals published before 1st September 1999 to establish a new school) of the School Organisation Regulations applies.
Arrangements made in anticipation of approval of proposals
5
1
Where any proposals to establish a school have been published under section 28 or 31 of, or paragraph 5 of Schedule 7 to, the 1998 Act the local education authority may make arrangements (which shall be treated for the purposes of the 1988 Act as if made under section 44(1) of that Act) in anticipation of approval of the proposals under paragraph 3 of Schedule 6 or paragraph 8 or 9 of Schedule 7 to that Act or, as the case may be, the determination by the authority under paragraph 4 of Schedule 6 to that Act that they should be implemented.
2
If the proposals are published under section 28(2)(a) of the 1998 Act and are proposals to establish a voluntary controlled school, the local education authority shall consult the promoters —
a
as to whether the power given to the local education authority in paragraph (1) above should be exercised; and
b
if the local education authority propose to exercise it, as to the date on which the arrangements should be made.
3
If the proposals are published under section 28(2)(a) of the 1998 Act and the proposals are to establish a voluntary aided or foundation school, the local education authority and the promoters shall consider —
a
whether the power given to the local education authority in paragraph (1) above should be exercised, and
b
where they agree that it should, on what date the arrangements should be made.
4
Where in a case falling within paragraph (3) the local education authority and the promoters fail to agree on the question mentioned in sub-paragraph (a) or on that mentioned in sub-paragraph (b), either of them may refer the matter to the Secretary of State and on a reference under this paragraph the Secretary of State shall give such direction as he thinks fit.
Agreements necessary for arrangements
6
1
Where proposals to establish a foundation or a voluntary school school have been published by promoters under section 28(2)(a) of the 1998 Act a local education authority shall not make arrangements in respect of the school without the agreement of the promoters as to any provision which will be made in relation to the temporary foundation governors.
2
In the event of any disagreement between the local education authority and the promoters in respect of the provision referred to in paragraph (1), either of them may refer the matter to the Secretary of State, and on a reference under this paragraph the Secretary of State shall give such direction as he thinks fit.
Termination of arrangements
7
Any arrangements made in relation to a proposed school under section 44(1) of the 1998 Act (including any arrangements treated as so made by regulation 5(1)) shall come to an end if —
a
the proposals are withdrawn;
b
the proposals are rejected under paragraph 3 of Schedule 6 or paragraph 9 of Schedule 7 to the 1998 Act;
c
(in the case of proposals published by a local education authority) the local education authority determine under paragraph 4 of Schedule 6 to the 1998 Act not to implement them; or
d
the school organisation committee or, as the case may be, the adjudicator determines under paragraph 5(3) of Schedule 6 to the 1998 Act that paragraph 5(1) of that Schedule should cease to apply to the proposals.
Termination of arrangements: transitional provisions
8
1
This regulation applies where —
a
an arrangement has been made before 1st September 1999 under section 96(3) or 97(2) of the 1996 Act in anticipation of approval of proposals; and
b
regulation 13 of the School Organisation Regulations applies in relation to the temporary governing body constituted by the arrangement.
2
Where this regulation applies —
a
sections 96(4) or 97(7) of the 1996 Act shall continue to apply in relation to the termination of the arrangement; and
b
the arrangement shall also come to an end if the school organisation committee or, as the case may be, the adjudicator determines under paragraph 5(3) of Schedule 6 to the 1998 Act that paragraph 5(1) of that Schedule should cease to apply to the proposals.
PART III
COMPOSITION OF TEMPORARY GOVERNING BODIES
Interpretation
9
In this Part —
“new school” has the meaning in section 72(3) of the 1998 Act and shall not include any school or proposed school to which regulation 13 of the School Organisation Regulations or regulation 13 of the Second Transitional Regulations applies;
“relevant paragraphs” has the meaning in regulation 10(1);
“temporary co-opted governor” means a person who is appointed to be a member of the temporary governing body of a new school by being co-opted by members of the temporary governing body who are not themselves temporary co-opted governors and includes a governor referred to in regulation 18, 19 or 20 but not a temporary teacher governor or a temporary staff governor;
“temporary foundation governor” means a person appointed to be a member of the temporary governing body of a new school otherwise than by a local education authority, in accordance with the arrangements, and, where applicable in accordance with regulation 11;
“temporary LEA governor” means a person appointed to be a member of the temporary governing body of a new school by the local education authority;
“temporary parent governor” means a person appointed to be a member of the temporary governing body of a new school in accordance with regulation 12;
“temporary partnership governor” means a person appointed to be a member of the temporary governing body of a new school in accordance with regulation 13 ;
“temporary staff governor” means a person appointed to be a member of the temporary governing body of a new school in accordance with regulation 14;
“temporary teacher governor” means a person appointed to be a member of the temporary governing body of a new school in accordance with regulation 15.
Constitution of the temporary governing body
10
1
Subject to this Part, the temporary governing body of a new school shall be constituted in accordance with such of paragraphs 9 to 14 of Schedule 9 to the 1998 Act (“the relevant paragraphs”) as shall apply to the new school for the purposes of the constitution of the permanent governing body.
2
For the purposes of paragraph (1), the relevant paragraphs shall apply with the following modifications —
a
the expressions “co-opted governor”, “foundation governor”, “LEA governor”, “parent governor”, “partnership governor”, “staff governor” and “teacher governor” shall be treated as references to the corresponding category of temporary governor within the meaning of regulation;
b
references in the relevant paragraphs to “governing body” or “governors” shall be treated as references to “temporary governing body” or “temporary governors”, as the case may be;
c
references in the relevant paragraphs to “a representative governor” shall be treated as references to a temporary representative governor;
d
references in the relevant paragraphs to “additional governors required by virtue of paragraph 15” shall be treated as references to temporary co-opted governors required by regulation 18, 19 or 20;
e
references to a school or a school of any category or description, shall include a proposed school or a proposed school of that category or description, as the case may be;
f
references to a school being established in a hospital (or not established in a hospital) shall include a reference to a school which it is proposed to establish in a hospital (or otherwise than in a hospital);
g
the reference in paragraph 10(6)(a) of Schedule 9 to the 1988 Act to “matters in respect of which the school is specially organised” shall be treated as a reference to matters in respect of which the proposed school will be specially organised;
h
paragraph 14(4) of Schedule 9 to the 1988 Act shall not apply;
i
in relation to the constitution of the temporary governing body of a new school, the new school shall be treated as having as registered pupils the number of pupils determined from the proposals for the establishment of the school.
Temporary foundation governors
11
1
Where a new school has, or the proposals for its establishment indicate that it will have, a particular religious character, any temporary foundation governor shall be appointed for the purpose of securing that that character is established and developed.
2
Where a new school has or will have a trust deed, any temporary foundation governor shall be appointed for the purpose of securing that the new school is established and conducted in accordance with that deed.
Temporary parent governors
12
1
Subject to the following paragraphs of this regulation —
a
where a new school is or will be a community, voluntary controlled, community special or foundation special, or a foundation school proposals for the establishment of which were published by a local education authority, any temporary parent governor shall be appointed by the local education authority; and
b
where a new school is or will be a voluntary aided school, or a foundation school proposals for the establishment of which were published by promoters, any temporary parent governor shall be appointed by the promoters.
2
Where a or more maintained schools have been, or are to be, discontinued(“the discontinued schools”), and the registered pupils at such school or schools, or a substantial number of those pupils, are expected to transfer to a new school —
a
the local education authority, where the new school is, or will be a community, community special, voluntary controlled school or foundation special school, or a foundation school proposals for the establishment of which were published by a local education authority: or
b
the promoters, where the new school is or will be a voluntary aided school or a foundation school proposals for the establishment of which were published by promoters,
may provide for the governing body of the discontinued school (or, as the case may be, any of the governing bodies of the discontinued schools) to appoint some or all of the temporary parent governors of the new school.
3
No person shall be appointed as a temporary parent governor of a voluntary controlled school by a local education authority, and no provision referred to in paragraph (2) above shall be made in respect of a voluntary controlled school, unless the local education authority has first consulted the promoters.
4
Subject to paragraph (5), no person shall be appointed as a temporary parent governor of a new school unless —
a
he is the parent of a child who is or is likely to become a registered pupil at the school; or
b
where it is not reasonably practicable to appoint such a person, he is the parent of a child of compulsory school age.
5
a
No person shall be appointed as a temporary parent governor of a school which is or will be a community or foundation special school not established in a hospital unless he is —
i
the parent of a child who is or is likely to become a registered pupil at the school; or
ii
a person who is the parent of a child of compulsory school age with special educational needs; or
iii
a person who is a parent of a person of any age with special educational needs; or
iv
a person who is the parent of a child of compulsory school age.
b
A person referred to in sub-paragraph (ii), (iii) or (iv) shall only be appointed if it is not reasonably practicable to appoint a person referred to in the provision in that sub-paragraph which immediately precedes it.
Temporary partnership governors
13
1
In the case of a new school proposals for the establishment of which were published by a local education authority, any temporary partnership governor shall be appointed by the local education authority.
2
Subject to paragraph (1), any temporary partnership governor shall be a person nominated as such by the promoters and appointed as such by the local education authority.
3
No person shall appoint, or nominate a person for appointment as, a temporary partnership governor unless he is satisfied that the nominee or the appointee appears to be —
a
from the community which the new school serves or will serve; and
b
committed to the good government and success of the school.
Temporary staff governors
14
1
Subject to paragraph (2), any temporary staff governor shall be co-opted as such by a resolution passed at a meeting of those temporary governors who are not themselves temporary co-opted governors.
2
In the case of a new school which is or will be a voluntary aided school or a foundation school proposals for the establishment of which were published by promoters, a person shall not be co-opted under paragraph (1) unless he has been nominated for appointment as a temporary staff governor by the promoters.
3
No person shall be nominated or appointed as a temporary staff governor unless he is employed to work (otherwise than as a teacher) at a school maintained by a local education authority.
Temporary teacher governors
15
1
Subject to the following paragraphs of this regulation, a temporary teacher governor shall be co-opted as such by a resolution passed at a meeting of those temporary governors who are not themselves temporary co-opted governors.
2
In the case of a new school which is or will be a voluntary aided school or a foundation school proposals for the establishment of which were published by promoters, a person shall not be co-opted under paragraph (1) unless he has been nominated for appointment as a temporary teacher governor by the promoters.
3
Where one or more maintained schools have been, or are to be, discontinued (“the discontinued schools”) and the registered pupils at such school or schools, or a substantial number of those pupils, are expected to transfer to a new school —
a
the local education authority, where the new school is, or will be, a community, community special, voluntary controlled or foundation special school, or a foundation school proposals for the establishment of which were published by a local education authority; or
b
the promoters, where the new school is, or will be, a voluntary aided school or a foundation school proposals for the establishment of which were published by promoters,
may provide for the governing body of the discontinued school (or, as the case may be, any of the governing bodies of the discontinued schools) to appoint some or all of the temporary teacher governors of the new school.
4
No provision referred to in paragraph (3) above shall be made in respect of a voluntary controlled school unless the local education authority has first consulted the promoters.
5
No person shall be nominated or appointed as a temporary teacher governor unless he is employed to work as a teacher at a school maintained by a local education authority.
Matters relating to the head teacher as a temporary governor
16
1
The head teacher may become a member of the temporary governing body by notifying the local education authority in writing at any time after his appointment as head teacher that he wishes to act as a temporary governor.
2
Having done so, the head teacher shall be treated as an ex officio member of the temporary governing body .
Size of the governing body
17
1
Subject to paragraph (2), wherever the relevant paragraphs provide a discretion as to the number of governors of a particular category to be included on the governing body, the number of temporary governors of the corresponding category included on the temporary governing body shall be the lower number permitted under the relevant paragraphs.
2
In the case of any new school treated by virtue of regulation (10(2)(i) as having less than one hundred pupils, or any new school which is or will be a community or foundation school —
a
the local education authority, where the new school is or will be a community, community special, voluntary controlled or foundation special school, or a foundation school proposals for the establishment of which were published by a local education authority; or
b
the promoters, where the new school is or will be a voluntary aided school or a foundation school proposals for the establishment of which were published by promoters,
shall determine whether a temporary staff governor should be included on the temporary governing body of the new school.
3
For the purposes of calculating the number of temporary foundation governors required at a voluntary aided school under the relevant paragraphs, it shall be assumed that a head teacher has been appointed and is a member of the temporary governing body.
Temporary co-opted governors nominated by sponsors
18
1
This regulation applies if the instrument of government made for a new school pursuant to regulation 31 provides for the permanent governing body to include one or more (in this regulation referred to as “the relevant number of”) co-opted governors for whose appointment nominations are to be sought from the sponsor or from amongst the sponsors of the school.
2
If this regulation applies, those members of the temporary governing body who are not themselves temporary co-opted governors shall appoint, in addition to the temporary governors otherwise required by this Part, the relevant number of temporary co-opted governors nominated by any one or more sponsors of the new school.
Temporary co-opted governor nominated by an Education Action Forum
19
If the instrument of government made for a new school pursuant to regulation 31 provides for the permanent governing body to include a co-opted governor for whose appointment nominations are to be sought from an Education Action Forum, those members of the temporary governing body who are not themselves temporary co-opted governors shall appoint, in addition to the temporary governors otherwise required by this Part, a temporary co-opted governor nominated by the Education Action Forum.
Temporary co-opted governor nominated by one or more minor authorities
20
1
This regulation applies if the instrument of government made, or to be made, for a new school pursuant to regulation 31 is required by paragraph 15 of Schedule 9 to the 1998 Act to provide for a co-opted governor for whose appointment nominations are to be sought from the minor authority or (as the case may be) from one or more of the minor authorities in relation to the school.
2
If this regulation applies, those members of the temporary governing body who are not themselves temporary co-opted governors shall appoint, in addition to the temporary governors otherwise required by this Part, a temporary co-opted governor nominated by the minor authority (or, as the case may be, by one or more of the minor authorities) for the area which it appears to the local education authority will be served by the new school when it is a maintained school.
Requirement in appointing all temporary governors
21
1
Where any person is nominating or appointing a person as a temporary governor of a new school, he shall have regard to the desirability of that person being suitably experienced.
2
For the purposes of paragraph (1) a person is suitably experienced —
a
if he has served as a governor or temporary governor of a school maintained by a local education authority or a grant-maintained school or grant-maintained special school, and
b
in particular in a case where registered pupils at another such school which has been, or is to be, discontinued are expected to transfer to the new school, if he has served as a governor or temporary governor of that other school.
Joint appointments
22
1
If —
a
a temporary governor is to be appointed by persons acting jointly, and
b
those persons fail to make an agreed appointment,
the appointment shall be made by, or in accordance with a direction given by, the Secretary of State.
PART IV
TEMPORARY GOVERNING BODIES: QUALIFICATIONS, TENURE OF OFFICE AND MISCELLANEOUS
Interpretation of Part IV
23
In this Part, “new school” has the meaning in section 72(3) of the 1998 Act and, unless the contrary intention appears, shall not include any school or proposed school to which regulation 13 of the School Organisation Regulations or regulation 13 of the Second Transitional Regulations applies.
Qualifications and disqualifications
24
1
Schedule 5 to the Main School Government Regulations applies, with the modifications set out in paragraph (2), for the purpose of setting out the circumstances in which a person is qualified or disqualified for holding or continuing in office, or for being appointed or nominated, as a temporary governor of a new school .
2
For the purposes of paragraph (1), Schedule 5 to the Main School Government Regulations shall apply with the following modifications —
a
there shall be inserted at the beginning —
“This Schedule applies to new schools and temporary governing bodies in relation to which regulation 24(1) of the Education (New Schools) (England) Regulations 1999 applies, and any reference in this Schedule to a temporary governor of a particular category is a reference to a governor of that category within the meaning of Part III of those regulations.”;
b
there shall be substituted —
i
for references to “school”, “new school” (except in the second and third place where “school” occurs in paragraph 9, in both places where “school” occurs in paragraph 10(7) and in paragraph 13(c));
ii
except in paragraph 13(c), for references to “governing body”, “governor” or “governorship”, “temporary governing body”, “temporary governor”, or “temporary governor ship”, as the case may be;
iii
for references to a particular category of governor, references to a temporary governor of the corresponding category, within the meaning of Part III of these Regulations and for the reference to an additional co-opted governor a reference to any temporary co-opted governor referred to in regulation 18, 19 or 20 of these Regulations;
iv
for paragraph 1(3) —
3
Subject to paragraphs 12 and 15, the fact that a person is qualified for appointment as a temporary governor of a particular category at a new school does not disqualify him for appointment, or for continuing as a temporary governor of any other category at that school.
;
v
for paragraph 14 —
14
A person shall not be disqualified for continuing to hold office as a temporary parent governor when he ceases to be a parent of a child who is or is likely to become a registered pupil at the school or ceases to fulfil any of the requirements of regulation 12 of the Education (New Schools) (England) Regulations 1999.
;
vi
for paragraph 16 —
16
A temporary teacher governor or a temporary staff governor at a new school shall, upon ceasing to be employed to work at a maintained school, be disqualified for continuing to hold office as such a governor.
;
c
paragraphs 3, 4 and paragraph 10(2) shall not apply;
d
there shall be omitted the words “election or” and “or election” wherever they occur.
Resignation and removal
25
1
Any member of a temporary governing body, other than a head teacher, may at any time resign his office in the same way as a member of a permanent governing body under regulations 17 and 20 of the Main School Government Regulations.
2
Any temporary governor of a new school who was appointed otherwise than by being co-opted may be removed from office by the person or persons who appointed him.
3
The power of removal in paragraph (2) does not apply in respect of a temporary partnership governor.
4
Regulations 18(4) and 19 of the Main School Government Regulations apply to the removal by the temporary governing body of —
a
a temporary co-opted governor (other than a temporary cvo-opted governor referred to in regulation 18, 19 or 20); or
b
a temporary Staff governor or a temporary teacher governor, unless such a governor was nominated for appointment by the promoters.
as they apply to the removal of a co-opted governor.
5
Regulations 18(3) and 19 of the Main School Government Regulations apply to the removal by the temporary governing body of —
a
a temporary co-opted governor referred to in regulation 18, 19 or 20;
b
a temporary staff governor or a temporary teacher governor nominated for appointment by the promoters,
as they apply to the removal of an additional co-opted governor.
6
Paragraphs (1) and (2) also apply to members of a transitional governing body referred to in regulation 13 of the Second Transitional Regulations and to members of a temporary governing body referred to in regulation 13 of the School Organisation Regulations, except that in paragraph (1) for these purposes the words “other than a head teacher” shall not apply.
First meeting
26
1
The first meeting of a temporary governing body shall be called by their clerk.
2
Where the clerk fails to call the first meeting within such period as the local education authority consider reasonable, the local education authority shall call it.
Expenses
27
Where a temporary governing body are constituted for a new school, the local education authority shall be under the same duty to defray the expenses incurred in relation to the temporary governing body as they would be if the relevant proposals had been implemented and the temporary governing body were the governing body of the school.
Explanatory information
28
A local education authority shall secure that the temporary governing body of a new school are, on being constituted, provided (free of charge) with such explanatory and other information as the authority consider is required to enable the temporary governing body to discharge their functions effectively.
Application of regulations 26, 27 and 28
29
Regulations 26, 27, and 28 also apply to members of a transitional governing body referred to in regulation 13 of the Second Transitional Regulations and to members of a temporary governing body referred to in regulation 13 of the School Organisation Regulations.
PART V
TRANSITION FROM A TEMPORARY GOVERNING BODY TO A PERMANENT GOVERNING BODY
Interpretation of Part V
30
In this Part “new school” has the meaning in section 72(3) of the 1998 Act and shall include any school or proposed school to which Part II of the School Organisation Regulations applies but not any school or proposed school to which regulation 13 of the Second Transitional Regulations applies .
Making of instrument of government
31
1
The local education authority shall secure that an instrument of government has been made for each new school in accordance with Schedule 12 to the 1998 Act before the school opening date.
2
The instrument of government shall take effect from the date of making for the purpose of constituting the governing body but shall not affect the constitution or name of the temporary governing body conducting the new school pending constitution of the permanent governing body under the instrument of government.
3
For all other purposes, the instrument of government shall take effect from the school opening date.
4
The temporary governing body shall exercise their functions under the 1998 Act and under these Regulations in a manner calculated to enable the local education authority to fulfil their duties under this regulation.
Modifications to the 1998 Act
32
1
Section 141 of, and Schedules 9 and 12 to, the 1998 Act shall apply with the following modifications to enable the instrument of government for a new school to be made.
2
In section 141 of, and paragraph 15 of Schedule 9 to, the 1998 Act, references to the area served by a school (however expressed) shall be treated as references to the area which it appears to the local education authority will be served by the new school when it is a maintained school.
3
In relation to a new school which will be a community special school not established in a hospital, paragraph 10 of Schedule 9 to the 1998 Act shall apply as if there were substituted for sub-paragraph (6)(a) the following —
a
if a voluntary organisation is designated by the local education authority, in relation to the proposed school which will be a community special school, as the appropriate voluntary organisation concerned with matters in respect of which the community special school will be specially organised, a representative governor shall be appointed by that organisation; or
.
4
In paragraph 15(1) of Schedule 9 to the 1998 Act, the reference to “If the governing body of any maintained school so determine”, shall be treated as if it were a reference to “If the temporary governing body of any proposed school so determine”.
5
Paragraph 1 of Schedule 12 to the 1998 Act shall have effect as if —
a
in sub-paragraph (1)(h) there were substituted for “the date”, the words “in accordance with paragraph (2A), the dates”;
b
after sub-paragraph (2) there were inserted the following sub-paragraph —
2A
Where an instrument of government is made for a proposed school, such instrument of government:
a
shall determine the constitution of the governing body and other matters relating to the proposed school as a maintained school of the category to which it will belong when it opens;
b
shall include a description of the ethos of the school, if the proposed school will be a foundation or voluntary school having a religious character ;
c
shall take effect from the date of making for the purpose of constituting the governing body under the instrument of government but shall not affect the constitution or name of the temporary governing body conducting the proposed school or school pending constitution of the permanent governing body under the instrument of government; and
d
for all other purposes, shall take effect from the school opening date.
; and
c
for sub-paragraph (3), there were substituted the following sub-paragraph —
3
Where, for the purposes of any provision of Part II of Schedule 9, it is material to determine the number of registered pupils at a proposed school referred to in sub-paragraph (2A), the proposed school shall be treated as having as registered pupils the number of pupils determined from the proposals for the establishment of the school.
.
6
References in paragraph 3 of Schedule 12 to the 1998 Act to —
a
“the governing body” shall be treated as references to the temporary governing body;
b
“foundation governors” shall be treated as references to temporary foundation governors (within the meaning of Part III of these Regulations, or, in the case of a proposed school to which regulation 13 of the School Organisation Regulations applies, governors who were appointed as temporary foundation governors under the 1996 Act);
c
“the school” shall be treated as references to the new school;
d
“Church of England” and “Roman Catholic” school shall be treated as references to new schools which will be such schools when they open;
e
“the appropriate diocesan authority” shall be treated as references to the authority which will be the appropriate diocesan authority when the new school opens; and
f
“the category of school to which the school belongs” shall be treated as references to the category of school to which the new school will belong when it opens.
Additional co-opted governors
33
1
Schedule 1 to the Main School Government Regulations shall apply with the modifications set out in paragraph (2) below for the purpose of making provision for the number of additional co-opted governors which may be required by the instrument of government for a new school by virtue of paragraph 15(1) and (2) of Schedule 9 to the 1998 Act, for the circumstances in which provision for such governors is authorised to be made, and the categories of person from whom or from amongst whose members nominations for such appointments are to be sought.
2
For the purpose of paragraph (1) above, Schedule 1 to the Main School Government Regulations shall apply with the following modifications —
a
references to “school” shall be treated as references to the new school;
b
references to “the governing body” (without more) shall be treated as references to the temporary governing body; and
c
references to “the governing body of the school” shall be treated as references to the permanent governing body.
Substitutes for ex officio foundation governors
34
The instrument of government for a new school shall name the person or persons who shall be entitled to appoint a foundation governor to act in the place of an ex officio foundation governor in any case where —
a
that ex officio foundation governor is unable or unwilling to act as such, or
b
there is a vacancy in the office by virtue of which such a governorship exists.
Instrument of government
35
1
The instrument of government for a new school shall be made in the form and in accordance with the directions set out in the Schedule which are relevant to the category of maintained school to which the new school will belong when it opens.
2
It shall be a sufficient compliance with paragraph (1) if the instrument of government is in a form substantially to the like effect to the relevant form set out in the Schedule.
Constitution of the governing body under the instrument of government
36
1
For the purposes of this Part, in relation to any new school, the incorporation date means such date (as soon as reasonably practicable after the school opening date and in any event no later than the last day of the term in which the school first admits pupils) as the local education authority shall notify in writing to the temporary governing body.
2
The local education authority shall secure that appointments or elections of governors required by the instrument of government for a new school take place in accordance with that instrument before the incorporation date with effect from that date.
3
On the incorporation date the governing body of a new school shall be constituted under the instrument of government, and incorporated under section 36(1) of the 1998 Act.
4
The temporary governing body shall exercise their functions under the 1998 Act and under these Regulations in a matter calculated to enable the local education authority to fulfil their duties under these Regulations and under section 44(3) of the 1998 Act.
New governors
37
1
In the case of the appointment of any governor referred to in regulation 36(2), the local education authority shall give written notice to the person who is to make the appointment under the instrument of government, unless that person has already notified them of an appointment to fill the vacancy.
2
Where any person makes an appointment referred to in paragraph (1), they shall give written notice of the appointment to the local education authority and to the clerk to the temporary governing body, specifying the name and usual place of residence of the person appointed.
3
The head teacher will be a governor from the incorporation date unless (before the instrument of government is made) he has given written notice to the local education authority and to the clerk to the temporary governing body that he chooses not to be a governor from that date.
4
Paragraph (3) is without prejudice to the head teacher’s right after the incorporation date to give written notice to the clerk to the governing body to the effect that he chooses to be or not to be a governor.
Appointment or election of new governors
38
1
The following paragraphs shall apply in relation to the appointment or election of governors referred to in regulation 36(2).
2
In paragraph 3, “temporary co-opted governor” has the meaning in Part III of these Regulations, or, in the case of a school to which regulation 13 of the School Organisation Regulations applies, means a governor who was appointed as a temporary co-opted governor under the 1996 Act.
3
Any co-opted governor shall be appointed by members of the temporary governing body, who are not themselves temporary co-opted governors.
4
a
Any parent governor shall be either —
i
elected (after the school’s opening date) by parents of registered pupils at the new school and himself such a parent at the time when he is elected; or
ii
appointed (after the school opening date) as a parent governor by the temporary governing body in the circumstances and subject to the provisions set out in Schedule 2 to the Main School Government Regulations (which shall apply for these purposes subject to the modifications in sub-paragraph (b)).
b
For the purposes set out in sub-paragraph (a)(ii), Schedule 2 to the Main School Government Regulations shall apply as if —
i
references in that Schedule to the governing body were references to the temporary governing body;
ii
Schedule 4 to those Regulations had been amended pursuant to regulation 40 of these Regulations.
5
a
Any partnership governor shall be a person who (after the school opening date) is nominated as a partnership governor, and appointed as such, in accordance with Schedule 3 to the Main School Government Regulations (which shall apply for these purposes subject to the modifications in sub-paragraph (b)).
b
For the purposes set out in sub-paragraph (a), Schedule 3 to the Main School Government Regulations shall apply as if references in that Schedule to the governing body were references to the temporary governing body.
6
Any staff governor shall be elected (after the school opening date) by persons employed to work at the new school otherwise than as teachers, and shall himself be a person so employed at the time when he is elected.
7
Any teacher governor shall be:
a
a person elected (after the school’s opening date) by teachers at the new school; and
b
such a teacher at the time when he is elected,
and for this purpose “teacher” means a teacher employed under a contract of employment or a contract for services or otherwise engaged to provide his services as a teacher.
Joint appointments
39
If —
a
the instrument of government for a new school provides for one or more governors to be appointed by persons acting jointly, and
b
for references to a school there shall be substituted references to a new school; and
c
those persons fail to make an agreed appointment,
the appointment shall be made by, or in accordance with a direction given by, the Secretary of State.
Elections
40
Schedule 4 to the Main School Government Regulations applies in relation to the election of governors referred to in regulation 36(2), except that in that Schedule —
a
references to a community, community special, voluntary controlled, voluntary aided, foundation or foundation special school include new schools which will be such schools when they open; and
b
for references to the governing body there shall be substituted references to the temporary governing body.
Information for successors
41
1
Immediately before the incorporation date, the temporary governing body shall prepare, for the purpose of assisting the governing body who will succeed them, a brief report of the action which they have taken in the discharge of their functions relating to the new school.
2
All minutes and papers of a temporary governing body relating to the new school, including the report prepared under paragraph (1), shall be made available to their successors.
Property, rights and liabilities
42
On the incorporation date —
a
all land and other property which, immediately before the incorporation date, was property of the temporary governing body used or held for the purposes of the new school, and
b
all rights and liabilities of the temporary governing body subsisting immediately before that date which were acquired or incurred for those purposes,
shall be transferred to and, by virtue of this regulation, vest in the governing body constituted under the instrument of government.
Rights and liabilities under contract of employment
43
Without prejudice to the generality of regulation 42, where that regulation effects a transfer of rights and liabilities under a contract of employment —
a
the contract shall have effect from the incorporation date as if originally made between the employee and the incorporated governing body, and
b
without prejudice to sub-paragraph (a) above, anything done before that date by or in relation to the former employer in respect of that contract or the employee shall be deemed from that date to have been done by or in relation to the incorporated governing body,
but no right of the employee to terminate his contract of employment if a substantial change is made to his detriment in his working conditions shall arise by reason only of the change of employer effected by that regulation.
Registered land and construction of agreements
44
1
Where a transfer under regulation 42 relates to registered land, it shall be the duty of the persons who were members of the temporary governing body immediately before the incorporation date —
a
to execute any such instrument under the Land Registration Acts 1925 to 1997 ,
b
to deliver any such certificates under those Acts, and
c
to do such other things under those Acts;
as they would be required to execute, deliver or do in the case of a transfer by agreement between the transferor and the transferee.
2
Paragraphs 6 to 8 of Schedule 10 to the Education Reform Act 1988 (construction of agreements) shall apply in relation to transfers effected by regulation 42 as they apply in relation to transfers to which that Schedule applies.
PART VI
STAFFING OF NEW SCHOOLS
Interpretation of Part VI
45
In this Part —
a
“proposed school” means a proposed school (that is to say, one which has not yet opened) for which there is a temporary governing body constituted under section 44 of the 1998 Act, a transitional governing body treated as so constituted by virtue of regulation 13(5) of the Second Transitional Regulations, or a temporary governing body treated as so constituted by virtue of regulation 13 of the School Organisation Regulations; and
b
a reference to a numbered section or Schedule is to a numbered section of or Schedule to the 1998 Act.
Proposed schools with delegated budgets
46
1
In this Part a reference, however framed, to a proposed school of a particular category or description having a delegated budget is a reference to such a proposed school in relation to which neither sub-paragraph (a) nor (b) of paragraph (2) apply.
2
In this Part a reference, however framed, to a proposed school of a particular category or description without a delegated budget is a reference to such a proposed school in relation to which —
a
the local education authority or the Secretary of State have made a determination under section 49(3)(b) or (c) that the school shall have a delegated budget as from a date later than the school opening date; or
b
the temporary governing body’s right to a delegated budget is suspended.
Proposed schools with a religious character
47
In this Part, a reference, however framed, to a proposed school of a particular category or description having a religious character is to a proposed school designated under section 69(3) as a school having a religious character when it opens, and a reference, however framed, to a proposed school of a particular category or description not having a religious character shall be construed accordingly.
Modification of staffing provisions in the 1998 Act
48
For the purposes of the application, in accordance with this Part, of provisions of the 1998 Act in relation to proposed schools —
a
a reference to the governing body of a school is a reference to the temporary governing body of a proposed school, and includes a transitional governing body which under regulation 13(5) of the Second Transitional Regulations is treated as a temporary governing body and a temporary governing body referred to in regulation 13 of the School Organisation Regulations;
b
a reference to a “foundation governor” is a reference to —
i
a temporary foundation governor within the meaning of Part III of these Regulations, or
ii
a member of a temporary governing body who was when appointed a temporary foundation governor within the meaning of the 1996 Act,
as the case may be;
c
a reference, however framed, to a school of a particular category or description is a reference to a proposed school which will be a school of that category or description;
d
a reference to the local education authority is a reference to the local education authority by which the proposed school is, or is to be, maintained; and
e
a reference, however framed, to a school (either of a particular category or description, or without qualification) which has a religious character is a reference to a proposed school designated under section 69(3) as a school having a religious character when it opens, and a reference, however framed, to a school (either of a particular category or description, or without qualification) which does not have a religious character shall be construed accordingly.
Staffing of proposed schools which will be community, voluntary controlled or community special schools having delegated budgets
49
1
This regulation applies in relation to a proposed school which will be a community, voluntary controlled or community special school having a delegated budget (within the meaning of regulation 46(1)).
2
Subject to paragraphs (3) and (4), sections 56 and 59, Schedule 16, and regulations under paragraph 30 of Schedule 16 shall apply in relation to —
a
the appointment of staff at such a school; and
b
the taking of such steps with respect to any other matters referred to in those provisions as may be appropriate in preparation for the conduct of the school on and after the school opening date.
3
Sections 58(2) to (6) and (9) and 60 shall apply in relation to a proposed school which will be a voluntary controlled school having a religious character.
4
In relation to reserved teachers at a proposed school which will be a voluntary controlled school, Schedule 16 shall have effect subject to section 58(2) to (6) and (9).
Staffing of proposed schools which will be foundation, voluntary aided or foundation special schools having delegated budgets
50
1
This regulation applies in relation to a proposed school which will be a foundation, voluntary aided or foundation special school having a delegated budget (within the meaning of regulation 46(1)).
2
Subject to paragraph (3), section 56, Schedule 17, and regulations under paragraph 30 of Schedule 16 which apply in relation to foundation, voluntary aided and foundation special schools by virtue of paragraph 27(3) of Schedule 17 shall apply in relation to —
a
the appointment of staff at such a school; and
b
the taking of such steps with respect to any other matters referred to in those provisions as may be appropriate in preparation for the conduct of the school on and after the school opening date.
3
Section 58(2) to (6) and (9) shall apply in relation to a proposed school which will be a foundation school having a religious character, and Schedule 17 shall have effect in relation to such a school subject to those provisions.
4
Section 59 shall apply in relation to a proposed school which will be a foundation special school, or a foundation or voluntary aided school not having a religious character.
5
Section 60 shall apply in relation to a proposed school which will be a foundation or voluntary aided school having a religious character, and in relation to a proposed school which will be a foundation school having a religious character section 59(2) to (4) shall apply subject to section 60.
Staffing of proposed schools which will be community, voluntary controlled or community special schools without delegated budgets
51
1
This regulation applies in relation to a proposed school which will be a community, voluntary controlled or community special school without a delegated budget (within the meaning of regulation 46(2)).
2
Subject to paragraphs (3) and (4), sections 54(3) to (5) and 59 shall apply in relation to —
a
the appointment of staff at such a school; and
b
the taking of such steps with respect to any other matters referred to in those provisions as may be appropriate in preparation for the conduct of the school on and after the school opening date.
3
Sections 58(2) to (6) and (9) and 60 shall apply in relation to a proposed school which will be a voluntary controlled school having a religious character.
4
In relation to reserved teachers at a proposed school which will be a voluntary controlled school, section 54(4) shall have effect subject to section 58(2) to (6) and (9).
Staffing of proposed schools which will be foundation, voluntary aided or foundation special schools without delegated budgets
52
1
This regulation applies in relation to a proposed school which will be a foundation, voluntary aided or foundation special school without a delegated budget (within the meaning of regulation 46(2)).
2
Subject to paragraphs (3) and (4), section 55(3) to (7) and Schedule 17 shall apply in relation to —
a
the appointment of staff at such a school; and
b
the taking of such steps with respect to any other matters referred to in those provisions as may be appropriate in preparation for the conduct of the school on and after the school opening date,
and Schedule 17 shall have effect subject to section 55(3) to (7).
3
Section 58(2) to (6) and (9) shall apply in relation to a proposed school which will be a foundation school having a religious character, and section 55(4) and (5) or Schedule 17 shall have effect in relation to such a school subject to those provisions.
4
Section 58(7) shall apply (subject to section 58(8)) in relation to a proposed school which will be a voluntary aided school having a religious character, and section 55(4) and (5) or Schedule 17 shall have effect in relation to such a school subject to that provision.
5
Section 59 shall apply in relation to a proposed school which will be a foundation special school, or a foundation or voluntary aided school not having a religious character.
6
Section 60 shall apply in relation to a proposed school which will be a foundation or voluntary aided school having a religious character, and in relation to a proposed school which will be a foundation school having a religious character, section 59(2) to (4) shall apply subject to section 60.
PART VII
GENERAL CONDUCT OF NEW SCHOOLS
Interpretation and application of Part VII
53
1
In this Part, “proposed school” means a proposed school (that is to say, one which has not yet opened) for which there is a temporary governing body constituted under section 44 of the 1998 Act, a transitional governing body treated as so constituted by virtue of regulation 13(5) of the Second Transitional Regulations, or a temporary governing body treated as so constituted by virtue of regulation 13 of the School Organisation Regulations.
2
Regulations 55 to 61 shall apply in relation to a proposed school.
3
Regulations 54 and 56 shall apply in relation to a maintained school on and after the school opening date.
Application of paragraph 3 of Schedule 10 to the 1998 Act on and after the school opening date
54
During the period —
a
beginning with the school opening date; and
b
ending with the time when the governing body are constituted for the school under an instrument of government,
paragraph 3 of Schedule 10 to the 1998 Act shall apply to the temporary governing body of a school as if they were the governing body of the school .
Conduct of the school before the opening date
55
1
Subject to any other statutory provision, the determination of matters relating to the conduct of a school which require to be determined in advance of the school opening date shall be under the direction of the temporary governing body and in addition the temporary governing body may, before the school opening date, do anything which appears to them to be necessary or expedient for the purposes of, or in connection with, the conduct of the school, whether before, on, or after that date.
2
Subject to paragraphs (3) and (4), the temporary governing body of a proposed school may in particular in that connection —
a
borrow such sums as they think fit and, in connection with such borrowing, grant any mortgage, charge or other security over any land or other property of the temporary governing body;
b
acquire and dispose of land and other property;
c
enter into contracts;
d
invest any sums which they do not immediately require;
e
accept gifts of money, land or other property and apply it, or hold and administer it on trust, for the purposes of the school; and
f
do anything incidental to their functions under paragraph (1).
3
Sub-paragraphs (3) to (7) of paragraph 3 of Schedule 10 to the 1998 Act shall apply in relation to the exercise by the temporary governing body of their powers under sub-paragraphs (1) and (2) with the following modifications —
a
in paragraph 3(4) the expression “maintained schools” shall be treated as a referrence to proposed schools which will be maintained schools and the reference to “the local education authorities by whence those schools are maintained” shall be treated as including the local education authorities by whom any such schools will be maintained;
b
references in paragraph 3(6) to a particular category of school shall be treated as including a reference to a proposed school which will be a school of that category;
c
the reference in paragraph 3(7)(a) to any provisions of the school’s instrument of government shall be treated as a reference to any ethos statement contained in the instrument of government once made, even though not yet in force; and
d
the reference in paragraph 3(7)(b) to the school shall be treated as including a reference to the proposed school.
4
The temporary governing body of a proposed school which does not have a delegated budget may not exercise any of the powers set out in paragraph (2)(b) to (f) without the prior agreement, in writing, of —
a
the local education authority, in the case of a proposed school which will be a community, community special, voluntary controlled or foundation special school or a foundation school, proposals for the establishment of which were published by a local education authority; or
b
the promoters, in the case of a proposed school which will be a voluntary aided school or a foundation school, proposals for the establishment of which were published by promoters.
5
Paragraph (2) of regulation 37 of the Main School Government Regulations shall be amended by the addition of the following sub-paragraph:
h
the exercise by the temporary governing body of a new school having a delegated budget, of any of the specific powers set out in regulation 55(2)(a) to (e) of the Education (New Schools)(England) Regulations 1999,
.
Execution of documents by the temporary governing body
56
1
On and after the school opening date the temporary governing body of a school shall be known as “the temporary governing body of . . .”, with the addition of the name of the school as for the time being set out in the school’s instrument of government.
2
Only the chairman of the temporary governing body, or, where that is not reasonably practicable, the vice-chairman, may make and issue instruments on behalf of the temporary governing body.
3
Every document purporting to be an instrument made or issued by or on behalf of the temporary governing body and to be signed or executed by the chairman or the vice-chairman of the temporary governing body shall be received in evidence and be treated, without further proof, as being so made or issued unless the contrary is shown.
Preparation of the curriculum
57
1
The head teacher of a proposed school shall, in preparing to discharge his functions under Part V of the 1996 Act in relation to the curriculum for the school, consult the temporary governing body and the local education authority.
2
Any authority who have been consulted under this regulation shall inform the head teacher of the resources which are likely to be made available to the school; and the head teacher shall have regard to any information so given to him.
School terms, holidays and sessions
58
1
In the case of a proposed school which will be a community, voluntary controlled or community special school —
a
the local education authority shall determine the dates when the school terms and holidays are to begin and end; and
b
the temporary governing body shall determine the times of the school sessions after consultation with the authority.
2
In the case of a proposed school which will be a foundation, voluntary aided or foundation special school, the temporary governing body shall determine —
a
the dates and times when the school terms and holidays are to begin and end, and
b
the times of the school sessions.
3
In this regulation “the times of the school sessions” means the times at which each of the school sessions (or, if there is only one, the school session) is to begin and end on any day.
Discipline
59
Section 61 of the 1998 Act (responsibility for discipline) applies to a proposed school as if references to the school’s governing body were references to the temporary governing body, except that section 61(3)(b) and (7) shall not apply.
Reports and information
60
1
The temporary governing body of a proposed school shall provide the local education authority with such reports in connection with the discharge of their functions as the authority may require (either on a regular basis or from time to time) for the purposes of the exercise of any of their functions.
2
The head teacher of a proposed school shall provide the temporary governing body or (as the case may be) the local education authority with such reports in connection with the discharge of his functions as that body or the authority may require (either on a regular basis or from time to time) for the purposes of the exercise of any of their functions.
3
Where a requirement under paragraph (2) is imposed on the head teacher by the authority —
a
the authority shall notify the temporary governing body of that requirement, and
b
the head teacher shall give the temporary governing body a copy of any reports made by him in complying with it.
Consultation on expenditure by a local education authority
61
Where the proposed school does not have a delegated budget, the local education authority shall consult the temporary governing body and the head teacher on their proposed expenditure on books, equipment and stationery for the school.
PART VIII
AMENDMENTS TO THE RELIGIOUS CHARACTER OF SCHOOLS (DESIG NATION PROCEDURE) REGULATIONS 1998
62
1
Regulation 9 of the Religious Character of Schools (Designation Procedure) Regulations 1998 shall be amended in relation to England as set out in paragraphs (2) and (3).
2
In paragraph (2) of regulation 9, there shall be inserted before “Church of England”, the words “new school which is intended to be a”, and for “appropriate diocesan authority” there shall be substituted “the diocesan authority which is intended to be the appropriate diocesan authority when the school opens”.
3
In paragraph (6)(a) of regulation 9, for “foundation governor” there shall be substituted “temporary foundation governor (within the meaning of Part III of the Education (New Schools)(England) Regulations 1999, or the Education Act 1996, as the case may be)”.
4
In relation to proposals published before b1st September 1999, paragraph (4) of regulation 9 of the Religious Character of Schools (Designation Procedure) Regulations 1998 shall have effect as if —
a
for “section 28 of the 1998 Act”, there were substituted “section 41 of the 1996 Act”; and
b
after “must specify”, there were inserted the words “(however such specification may be framed”.
Estelle Morris
Minister of State,
Department for Education and Employment
6th August 1999


type: legislation

jurisdiction: UK

text:
1
The said regulations are hereby approved.
2
The General Medical Council (Registration (Fees) (Amendment) Regulations) Order of Council 1991 is hereby revoked.
3
This Order may be cited as the General Medical Council (Registration (Fees) (Amendment) Regulations) Order of Council 1999.
A. K. Galloway
Clerk of the Privy Council


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Worcestershire Acute Hospitals National Health Service Trust (Establishment) Order 1999 and shall come into force on 1st January 2000.
2
In this Order, unless the context otherwise requires–
“ the Act ” means the National Health Service and Community Care Act 1990;
“establishment date” means 1st January 2000;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the Worcestershire Acute Hospitals National Health Service Trust established by article 2 of this Order.
Establishment and name of the trust
2
There is hereby established an NHS trust which shall be called the Worcestershire Acute Hospitals National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purposes specified in section 5(1) of the Act.
2
The trust’s function shall be to provide goods and services (including hospital accommodation) for the purposes of the health service at or from the following hospitals–
a
Worcester Royal Infirmary (Ronkswood Branch), Newtown Road, Worcester, WR5 1HN,
b
Worcester Royal Infirmary (Newtown Branch), Newtown Road, Worcester, WR5 1HN,
c
Kidderminster General Hospital, Bewdley Road, Kidderminster, Worcestershire, DY11 6RJ, and,
d
Alexandra Hospital, Woodrow Drive, Redditch, B98 7UB,
and from any associated hospitals, establishments or facilities.
Directors of the trust
4
The trust shall have, in addition to the chairman, 5 executive directors and 5 non-executive directors.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st April 2000.
2
The accounting date of the trust shall be 31st March.
Limited functions before operational date
6
Between its establishment date and its operational date the trust shall have the functions–
a
of entering into NHS contracts;
b
of entering into other contracts including contracts of employment;
c
of doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from its operational date.
Assistance by Health Authorities before operational date
7
1
Worcestershire Health Authority shall discharge the liabilities of the trust, incurred between the establishment date and the operational date, that are of a description specified in paragraph (2) of this article.
2
The liabilities referred to in the preceding paragraph are–
a
liability for the remuneration and travelling or other allowances of the chairman and non-executive directors of the trust;
b
liability for the travelling or other allowances of the members of committees and sub-committees of the trust who are not also directors of the trust;
c
liability for the remuneration of persons employed by the trust; and
d
any other liability which may reasonably be incurred by the trust for the purpose of enabling it to begin to operate satisfactorily with effect from the operational date.
Signed by authority of the Secretary of State for Health
Yvette Cooper
Parliamentary Under-Secretary of State for Public Health,
Department of Health
22nd December 1999


text:
Citation and commencement
1
This Order may be cited as the New Horizons Kent–Somerset Virtual Education Action Zone Order 1999 and shall come into force on 1st December 1999.
Interpretation
2
In this Order —
“partners” means those persons listed in Schedule 1 to this Order; and
“zone school” means a school listed in Schedule 2 to this Order.
Constitution of education action zone
3
The schools listed in Schedule 2 to this Order shall constitute collectively an education action zone under the name of the New Horizons Kent–Somerset Virtual Education Action Zone (“the zone”) for the purposes of Chapter III of Part I of the School Standards and Framework Act 1998.
Education Action Forum
4
There shall be an Education Action Forum for the zone to be known as the New Horizons Kent–Somerset Virtual Education Action Forum (“the Forum”), the membership of which shall include —
a
one person appointed by the governing body of each zone school, unless any such governing body choose not to make such an appointment;
b
either one or two persons appointed by the Secretary of State; and
c
one person appointed by each partner, unless any partner chooses not to make such an appointment.
5
The Forum may at any time appoint additional members as follows —
a
up to three persons representing the interests of business;
b
up to three parents of registered pupils attending zone schools; and
c
up to three persons representing the interests of the education sector generally in the area served by the zone schools.
Disqualification for membership of the Forum
6
Articles 7 to 9 shall have effect for the purpose of prescribing the circumstances and cases in which a person is to be disqualified for holding, or continuing to hold, office as a member of the Forum.
Disqualification for membership of the Forum — bankruptcy etc
7
1
Subject to the provisions of this article, a person shall be disqualified for holding, or for continuing to hold, office as a member of the Forum if he has been adjudged bankrupt or has made a composition or arrangement with his creditors; and a member, on becoming so disqualified, shall give written notice of the fact to the secretary to the Forum.
2
Where a person is disqualified by reason of his having been adjudged bankrupt, that disqualification shall cease —
a
unless the bankruptcy order made against that person is previously annulled, on his discharge from bankruptcy; and
b
if the bankruptcy order is so annulled, on the date of the annulment.
3
Where a person is disqualified by reason of his having made a composition or arrangement with his creditors and he pays his debts in full, the disqualification shall cease on the date on which the payment is completed and in any other case it shall cease on the expiration of three years from the date on which the terms of the deed of composition or arrangement are fulfilled.
Disqualification for membership of the Forum — criminal convictions
8
1
Subject to paragraph (2) a person shall be disqualified for holding, or for continuing to hold, office as a member of the Forum if —
a
within five years before his appointment would otherwise have taken effect or since his appointment, he has been convicted, whether in the United Kingdom or elsewhere, of any offence and has had passed on him a sentence of imprisonment (whether suspended or not) for a period of not less than three months without the option of a fine;
b
within twenty years before his appointment would otherwise have taken effect, he has been convicted as aforesaid and has had passed on him a sentence of imprisonment for a period of more than two and a half years; or
c
he has at any time been convicted as aforesaid and has had passed on him a sentence of imprisonment of not less than five years.
2
For the purposes of this article there shall be disregarded any conviction by or before a court outside the United Kingdom of an offence in respect of conduct which, if it had taken place in any part of the United Kingdom, would not have constituted an offence under the law in force in that part of the United Kingdom.
Disqualification — absence from meetings
9
Any member of the Forum who, without the consent of the Forum, has failed to attend the meetings thereof for a continuous period of six months beginning with the date of a meeting shall, on the expiry of that period, be disqualified for continuing to be a member of the Forum without prejudice however, to his re-appointment.
Chairman’s tenure of office
10
The chairman of the Forum elected in accordance with paragraph 2 of Schedule 1 to the School Standards and Framework Act 1998, shall hold office for one year from the date of his election (unless he resigns his office earlier), without prejudice to his eligibility to be re-elected for a further such period.
Estelle Morris
Minister of State,
Department for Education and Employment
4th November 1999


text:
Citation and interpretation
1
1
This Order may be cited as the Social Security Act 1998 (Commencement No.4) Order 1999.
2
In this Order, except where the context otherwise requires, references to sections and Schedules are references to sections of, and Schedules to, the Social Security Act 1998.
Appointed days
2
1
The day appointed for the coming into force of the provisions specified in paragraph (2) below —
a
for the purpose only of authorising the making of Regulations or schemes, is 4th March 1999; and
b
for all other purposes, is 6th April 1999.
2
The provisions specified in this paragraph are —
a
section 54 (contributions paid in error);
b
section 56(2) (contributions returns);
c
section 57 (collection of contributions by Secretary of State);
d
section 60 (breach of regulations);
e
section 61 except in so far as it relates to section 114A of the Social Security Administration Act 1992 (offences and penalties relating to contributions); and
f
section 63 (recovery of contributions etc. ).
3
The day appointed for the coming into force of the provisions specified in paragraph (4) below is 6th April 1999.
4
The provisions specified in this paragraph are —
a
sections 56(1) (contributions returns), 62 (evidence of non-payment) and 64 (liability of directors etc. for company’s contributions);
b
paragraphs 12 to 14, 85, 86(1), (2)(b), (3)(b) and (5), 87, 99(2) and 100(2) of Schedule 7 and section 86(1) in so far as it relates to those paragraphs; and
c
in Schedule 8 the repeals of the provisions of the Social Security Administration Act 1992 specified below and section 86(2) in so far as it relates to them —
i
in section 118(4), the words “for a particular contribution card or”, and the words “the card in question or”;
ii
section 119(2);
iii
in section 120, in subsection (1), the words “or (2)(a)”;
iv
in section 120, in subsection (5) paragraph (b), the word “or” immediately preceding that paragraph; and
v
in section 121, in subsections (1) and (2), the words “or (2)(a)”.
Signed by authority of the Secretary of State for Social Security.
Hugh Bayley
Parliamentary Under-Secretary of State,
Department of Social Security
3rd March 1999


text:
Title and commencement
1
This Order may be cited as the Welfare of Animals (Transport) (Amendment) Order 1999 and shall come into force on 1st July 1999.
Amendment of the Welfare of Animals (Transport) Order 1997
2
After article 21 of the Welfare of Animals (Transport) Order 1997 the following article shall be inserted–
21A
Any person who uses a road vehicle for the transportation of animals to which Article 1 of Council Regulation ( EC ) No 411/98 on additional animal protection standards applicable to road vehicles used for the carriage of livestock on journeys exceeding eight hours applies in contravention of that Regulation commits an offence against the Animal Health Act 1981.
Elliot Morley
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
8th June 1999
Sewel
Parliamentary Under-Secretary of State, Scottish Office
7th June 1999
Signed by authority of the Secretary of State for Wales
Jon Owen Jones
Parliamentary Under-Secretary of State, Welsh Office
8th June 1999


text:
Citation and commencement
1
This Order may be cited as the Mid-Sussex National Health Service Trust (Establishment) Amendment Order 1999 and shall come into force on 12th February 1999.
Amendment of NHS trust Establishment Order
2
For article 3 of the Mid-Sussex National Health Service Trust (Establishment) Order 1994 (functions of the trust) there shall be substituted the following article —
Nature and functions of the Trust
3
1
The trust is established for the purposes specified in section 5(1) of the Act.
2
The trust’s functions shall be —
a
to own and manage pursuant to section 5(1)(a) of the Act the following premises:
Crawley Down Health Centre, The Health Centre, Bowers Place, Crawley Down, West Sussex RH10 4HY;
East Grinstead Health Clinic, St. Michael’s Road, East Grinstead, West Sussex RH19 3GW;
Springvale Community Mental Health Centre, 72-74 Moat Road, East Grinstead, West Sussex RH19 4BE;
Haywards Heath Health Centre, Heath Road, Haywards Heath, West Sussex RH19 3BB;
Linwood Community Mental Health Centre, Butlers Green Road, Haywards Heath, West Sussex RH16 4BE;
Summerfold Community Mental Health Centre, 152 Leylands Road, Burgess Hill, West Sussex RH15 0QE;
Hurstpierpoint Health Centre, Trinity Road, Hurstpierpoint, West Sussex BN6 9UQ;
Hassocks Health Centre, Windmill Avenue, Hassocks, West Sussex BN6 8LY; and associated hospitals and premises;
and to provide from there community health services;
b
to provide and manage pursuant to section 5(1)(b) of the Act hospital accommodation and services at The Princess Royal Hospital, Lewes Road, Haywards Heath, West Sussex RH16 4EX; and
c
to provide and manage pursuant to section 5(1)(b) of the Act community health services from the following premises:
Burgess Hill Health Clinic, The Brow, Burgess Hill, West Sussex RH15 9BW;
Stead Resource Centre, 2 Albert Drive, Burgess Hill, West Sussex RH15 9BW.
(From 1st March 1999: 50 Victoria Road, Burgess Hill, West Sussex RH15 9LW).
Signed by authority of the Secretary of State for Health.
John Denham
Minister of State
Department of Health
1st February 1999


text:
1
The new highways which the National Assembly proposes to construct —
a
along the routes described in Schedule 1 to this Order (the highways along the routes being in this Order referred to as “the main new trunk road”); and
b
along the routes described in Schedule 2 to this Order which connect the main new trunk road with other highways at the places stated in that Schedule (the highways along these routes being in the Order referred to as “the slip roads”); and
c
along the routes described in Schedule 3 to this Order which connect the main new highway and the slip roads with other trunk roads stated in that Schedule (the highways along these routes being in the Order referred to as “the new connecting trunk roads”)
shall become trunk roads as from the date when this Order comes into force.
2
The centre lines of the new trunk roads are indicated by heavy black lines and the associated side roads proposals are indicated by broken white lines on the deposited plan.
3
The National Assembly directs as respects any part of a highway which crosses the route of any of the new trunk roads that —
a
where the highway is maintainable at public expense by a local highway authority, the part in question shall be maintained by that authority; and
b
where the highway is not a highway so maintainable and is not maintainable under a special enactment or by reason of tenure, enclosure or prescription, the National Assembly shall be under no duty to maintain the part in question,
until, in either case, a date to be specified in a notice given by the National Assembly to the highway authority for that highway. The date specified will not be later than the date on which the relevant route is opened for the purpose of through traffic.
4
The lengths of trunk road described in Schedule 4 to this Order and shown by broad striped hatching on the deposited plan shall cease to be trunk roads and shall be classified as shown in that Schedule as from the date on which the National Assembly notifies the County Councils of Rhondda Cynon Taff and Blaenau Gwent that the new trunk roads are open for through traffic.
5
The National Assembly is authorised to construct the bridge specified in Schedule 5 to this Order as part of the main new trunk road over the navigable watercourse specified in that Schedule.
6
In this Order:
1
All measurements of distance are measured along the route of the relevant highway;
2
i
“the deposited plan” means the plan numbered HA10/2 — WO131 marked “The Neath to Abergavenny Trunk Road (A465) (Abergavenny to Hirwaun Dualling and Slip Roads) and East of Abercynon to East of Dowlais Trunk Road (A4060), Cardiff to Glan Conwy Trunk Road (A470) (Connecting Roads) Order 1999” signed by authority of the National Assembly and deposited at the National Assembly for Wales Repository, Curran Embankment, Cardiff;
ii
“the main new trunk road” and “the slip roads” have the meanings given in article 1 of this Order all forming part of the Neath to Abergavenny Trunk Road (A465);
iii
“the new connecting trunk roads” means the connecting trunk roads mentioned in article 1 of this Order and “a new connecting trunk road” means one of those highways: The East of Abercynon to East of Dowlais Trunk Road (A4060); The Neath to Abergavenny Trunk Road (A465); and The Cardiff to Glan Conwy Trunk Road (A470);
iv
“the trunk roads” means the new highways mentioned in article 1 of this Order;
v
“classified road” as a classification for a highway, means that the highway is not a principal road for the purpose of enactments and instruments which refer to highway classified as principal roads and is also classified for the purpose of every other enactment and instrument which refers to highways classified by the National Assembly and which does not specifically refer to their classification as principal roads;
vi
“the trunk road” means the Neath to Abergavenny Trunk Road (A465).
7
This Order shall come into force on the 8th of October 1999 and may be cited as the Neath to Abergavenny Trunk Road (A465) (Abergavenny to Hirwaun Dualling and Slip Roads) and East of Abercynon to East of Dowlais Trunk Road (A4060), Cardiff to Glan Conwy Trunk Road (A470) (Connecting Roads) Order 1999.
Signed on behalf of the Assembly Secretary for Environment and Local Government
D M TIMLIN
Head of Roads Administration Division National Assembly for Wales
Dated the 21 September 1999


text:
Citation and commencement
1
These Regulations may be cited as the Street Works (Registers, Notices, Directions and Designations) (Amendment) Regulations 1999 and shall come into force on 22nd April 1999.
Amendment
2
In Schedule 1 to the Street Works (Registers, Notices, Directions and Designations) Regulations 1992 :
a
after Part II, there shall be inserted the following:
Part IIA
8A
A street authority shall give written notice of their decision whether to designate any street as one that is to be subject to special controls, in accordance with section 61, 63 or 64 of the Act, to any undertaker on whom they served a copy of a notice under paragraph 2(a), or a notice under paragraph 6(a).
;
b
for paragraph 13 there shall be substituted the following:
13
1
When a street manager makes or withdraws a designation he shall notify the highway authority.
2
When a highway authority make or withdraw a designation, or receive notification from a street manager in accordance with (1) above, they shall:
i
notify the concessionaire for the time being responsible for maintaining, updating and issuing the National Street Gazetteer forthwith; and
ii
record such decisions on the street works register on the next following quarter day, except where that day is a public holiday, in which case it shall do so on the following working day.
; and
c
after the definition of “designation” there shall be inserted the following:
“The National Street Gazetteer” means the national computer database of streets which is provided by the concessionaire for the time being appointed by the Local Government Information House Ltd. ; and
“Quarter day” means 2nd January, 1st April, 1st July and 1st October.
.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Glenda Jackson
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
25th March 1999
Signed by authority of the Secretary of State for Wales
Peter Hain
Parliamentary Under Secretary of State, Welsh Office
28th March 1999


text:
1
This Order may be cited as the Police (Secretary of State’s Objectives) (No. 3) Order 1999 and shall come into force on 1st April 2000.
2
The Police (Secretary of State’s Objectives) (No. 2) Order 1999 is hereby revoked.
3
The objectives for the policing of the areas of all police authorities established under section 3 of the Police Act 1996 are —
a
to reduce local problems of crime and disorder in partnership with local authorities, other local agencies and the public; and
b
to increase trust and confidence in policing amongst minority ethnic communities.
Jack Straw
One of Her Majesty’s Principal Secretaries of State
Home Office
20th December 1999


text:
Title and commencement
1
This Order may be cited as the Environmentally Sensitive Areas (Shropshire Hills) Designation (Amendment) Order 1999 and shall come into force on 31st August 1999.
Interpretation
2
In this Order “the principal Order ” means the Environmentally Sensitive Areas (Shropshire Hills) Designation Order 1994 .
Amendment of the principal Order
3
The principal Order shall be amended in accordance with the following provisions of this Order.
4
In article 2(1) of the principal Order, the provisions immediately following the words “In this Order–” to the end of article 2(1), in so far as they were made under section 18 of the Agriculture Act 1986, shall be deleted and the following definitions shall be inserted at their appropriate alphabetical place:
“agreement” means an agreement under section 18(3) of the Agriculture Act 1986 as respects agricultural land in the area designated by article 3;
“capital activity” means an activity specified in Schedule 1;
“conservation plan” means a plan incorporated into an agreement for the carrying out of one or more capital activities within a specified period;
“cultivated land” means land which is regularly ploughed or otherwise cultivated or that is regularly treated with fertilisers;
“extensive permanent grassland” means permanent grassland which is receiving no or only minimal inputs of fertiliser or pesticides;
“farmer” means a person who has an interest in agricultural land in the area designated by article 3, and who has also entered into an agreement with the Minister;
“grassland” means land on which the vegetation consists primarily of grass species and includes meadowland, pasture and rough grazing;
“management activity” means an activity specified in Schedule 2;
“permanent grassland” means grassland which has not been ploughed or re-seeded for at least five years;
“public access route” means a strip of land which is the subject of an agreement and on which access is given to the public;
“woodland” means land used for woodland where that use is ancillary to the farming of land for other agricultural purposes.
.
5
For article 4 of the principal Order and the heading thereto there shall be substituted the following Article and heading–
Matters in respect of which payments may be made
4
Payments to be made by the Minister under an agreement may be made in respect of a capital activity or a management activity.
.
6
For article 5 of the principal Order there shall be substituted the following article and heading thereto–
Rates of payment
5
1
Payments to be made by the Minister under an agreement shall not exceed–
a
in the case of a management activity, the rate specified in respect of that activity in column 2 of Schedule 2 to this Order; and
b
in the case of one or more capital activities included in a conservation plan, £100,000 in aggregate.
2
Any works which form part of an activity which constitutes both a management activity and a capital activity may by virtue of an agreement be eligible for payment as part of a management activity or as part of a capital activity, but the agreement together with any conservation plan incorporated in it shall not provide for payment to be made on both such bases in respect of the same works.
.
7
For Schedule 1 to the principal Order there shall be substituted the Schedule set out in Schedule 1 to this Order.
8
For Schedule 2 to the principal Order there shall be substituted the Schedule set out in Schedule 2 to this Order.
9
The following provisions of the principal Order shall be deleted–
a
Articles 6 and 7; and
b
Schedules 3, 4, 5 and 6.
Elliot Morley
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
31st July 1999
We consent,
Jim Dowd
Bob Ainsworth
Two of the Lords Commissioners of Her Majesty’s Treasury
9th August 1999


text:
1
This Order may be cited as the NCIS (Secretary of State’s Objectives) Order 1999 and shall come into force on 1st April 1999.
2
The NCIS (Secretary of State’s Objectives) Order 1998 is hereby revoked.
3
The objectives for the National Criminal Intelligence Service (“NCIS”) are–
a
to provide high quality and relevant criminal intelligence leading to–
i
the dismantling or disruption of criminal enterprises engaged in serious and organised crime, and
ii
the arrest and prosecution of criminals, whose activities take place in or impact on the United Kingdom;
b
to provide high quality and relevant criminal intelligence and information to law enforcement agencies, having regard to the Command Paper entitled “Tackling Drugs to Build a Better Britain – the Government’s Ten-Year Strategy for Tackling Drugs Misuse” and in order to suppress the availability of controlled drugs in the United Kingdom.
Jack Straw
One of Her Majesty’s Principal Secretaries of State
Home Office
11th March 1999


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Food Safety (General Food Hygiene) (Amendment) Regulations 1999 and shall come into force on 7th June 1999.
2
In these Regulations “the general Regulations ” means the Food Safety (General Food Hygiene) Regulations 1995 .
Amendment of regulation 2(1) of the general Regulations
2
In regulation 2(1) of the general Regulations (interpretation), for the words which follow the definition of “wholesomeness” there shall be substituted the following words–
and any other words and expressions used both in these Regulations and in the Directive, Commission Directive 96/3/ EC or Commission Directive 98/28/EC , shall bear the same meaning in these Regulations as they have in those Directives.
.
Amendment of paragraph 2 of Chapter IV of Schedule 1 to the general Regulations
3
In sub-paragraph (2) of paragraph 2 of Chapter IV of Schedule 1 to the general Regulations (transportation of certain bulk foodstuffs) after the words “sub-paragraphs (3) and (4)” there shall be inserted the words “and paragraph 2B”.
Insertion of paragraphs 2B and 2C
4
After paragraph 2A of Chapter IV of Schedule 1 to the general Regulations there shall be inserted the following paragraphs–
2B
1
The bulk transport of raw sugar by sea which is not intended for use as food nor as a food ingredient without a full and effective refining process is permitted in receptacles, containers or tankers that are not exclusively used for the transport of foodstuffs.
2
The receptacles, containers or tankers referred to in sub-paragraph (1) shall be subject to the following conditions–
a
prior to loading the raw sugar, the receptacle, container or tanker shall be effectively cleaned to remove residues of the previous cargo and other soiling and inspected to establish that such residues have been removed effectively;
b
the immediate previous cargo prior to the raw sugar shall not have been a bulk liquid.
2C
1
A proprietor of a food business which is responsible for the transport of raw sugar by sea under paragraph 2B shall keep documentary evidence, accurately describing in detail the immediate previous cargo carried in the receptacle, container or tanker concerned, and the type and effectiveness of the cleaning process applied prior to the transport of the raw sugar.
2
The documentary evidence shall accompany the consignment during all stages of transport to the refinery and a copy shall be retained by the refinery. The documentary evidence shall be marked in a clearly visible and indelible fashion, in one or more Community languages, `This product must be refined before being used for human consumption'.
3
On request, a proprietor of a food business responsible for the transport of the raw sugar or the refining process shall provide the competent official food control authorities with the documentary evidence referred to in sub-paragraphs (1) and (2).
4
Raw sugar which has been transported by sea in receptacles, containers or tankers which are not exclusively reserved for the transport of foodstuffs shall be subjected to a full and effective refining process before being considered suitable for use as food or as a food ingredient.
5
Regulation 4(3) shall apply to the transport of raw sugar by sea under paragraph 2B subject to the following modifications–
a
a proprietor of any food business which is responsible for the transport or refining of raw sugar shall consider the cleaning process undertaken prior to the loading of the sugar for transport by sea to be a critical step in ensuring the safety and wholesomeness of food within the meaning of paragraph (3) of regulation 4, and
b
in addition to the requirements of that paragraph, he shall also take into account the nature of the previous cargo which has been transported in any receptacle, container or tanker used for the transport of the sugar.
.
Jeff Rooker
Minister of State, Ministry of Agriculture, Fisheries and Food
10th May 1999
Signed by authority of the Secretary of State for Health
Tessa Jowell
Minister of State for Public Health,
Department of Health
6th May 1999
Jon Owen Jones
Parliamentary Under Secretary of State, Welsh Office
11th May 1999
Sewel
Parliamentary Under Secretary of State, Scottish Office
11th May 1999