The Education (References to Delegated Budgets and Revocation) Regulations 1999

Made: 10th March 1999

Laid before Parliament: 11th March 1999

Coming into force: 1st April 1999

In exercise of the powers conferred on the Secretary of State by section 144(1) and (2)(g) of the School Standards and Framework Act 1998¹, the Secretary of State for Education and Employment, as regards England, and the Secretary of State for Wales, as regards Wales, hereby make the following Regulations:

Citation, commencement and interpretation

1

• (1) These Regulations may be cited as the Education (References to Delegated Budgets and Revocation) Regulations 1999 and shall come into force on 1st April 1999.

• (2) In these Regulations “the 1996 Act” means the Education Act 1996² and “the 1998 Act” means the School Standards and Framework Act 1998.

Modification of the 1996 Act and other statutory provisions

2

The provisions referred to in Schedule 1 hereto shall have effect as if–

• (a) references, however framed, in those provisions to a school (either of a particular type or description, or without qualification) which has a delegated budget were references to such a school which has a delegated budget within the meaning of Part II of the 1998 Act; and

• (b) references, however framed, in those provisions to a school (either of a particular type or description, or without qualification) which does not have a delegated budget were references to such a school which does not have a delegated budget within the meaning of Part II of the 1998 Act.

3

Section 129 of the 1996 Act shall have effect as if for subsection (1) there were substituted–

(1) During any period when a school has a delegated budget within the meaning of Part II of the School Standards and Framework Act 1998, any provisions of the articles of government of the school which are inconsistent with the operation during that period of any provisions of Chapter IV of Part II of that Act or of the local education authority’s scheme under section 48 of that Act shall be of no effect to the extent of the inconsistency.

4

References in sections 136 and 140 of, and Schedule 14 to, the 1996 Act to a county school with a delegated budget shall include a maintained special school with a delegated budget within the meaning of Part II of the 1998 Act.

5

• (1) Notwithstanding the repeal of Chapter V of Part II of the 1996 Act on 1st April 1999³, a scheme such as is mentioned in section 101(1) of that Act which provides for the application of sections 136(2), 137(6) and 139 of, and Schedule 14 to, that Act as referred to in section 140(3) of that Act, shall continue to apply for the purpose of applying those provisions or “the relevant staffing provisions” as defined in section 56(4) of the 1998 Act.

• (2) Where, in relation to the period beginning on 1st April 1999, a local education authority wish to make new provision for the application of sections 136(2) and 137(6) of, and Schedule 14 to, the 1996 Act and section 57 of the 1998 Act⁴ as referred to in section 140(3) of the 1996 Act, whether or not such provision has previously been made by a scheme referred to in section 101(1) of that Act, they may do so by making a determination under this regulation and giving notice of it in writing to the governing body of the school.

6

Paragraph 2(3) of Schedule 7 to the 1996 Act shall have effect as if for sub-paragraph (b) there were substituted–

(b) any provisions of a scheme under section 48 of the School Standards and Framework Act 1998 which relates to the school.

7

The Education (School Government) Regulations 1989⁵ shall have effect as if for paragraph 2(4)(b)(ii) of the Schedule there were substituted–

(ii) the management of the school’s budget share within the meaning of Part II of the School Standards and Framework Act 1998;

8

The Education (Modification of Enactments relating to Employment) Order 1998⁶ shall have effect as if for article 2(3) there were substituted–

(3) References to “governing bodies with delegated budgets” are references to such a governing body having a right to a delegated budget within the meaning of Part II of the School Standards and Framework Act 1998.

Revocation

9

The orders and regulations set out in Schedule 2 hereto are hereby revoked.

SCHEDULE 1

• Sections 133, 134, and 136 to 140 of, and Schedule 14 and Parts I and IV of Schedule 19 to, the 1996 Act.

• The Local Government (Discretionary Payments) Regulations 1996⁷.

• The Education (Teachers) Regulations 1993⁸.

• The Education (School Inspection) (Wales) Regulations 1998⁹.

SCHEDULE 2 — REVOCATIONS

Signed

Estelle Morris — Minister of State, — Department for Education and Employment — 10th March 1999

Peter Hain — Parliamentary Under Secretary of State, Welsh Office — 10th March 1999

Explanatory note

(This note is not part of the Regulations)

These Regulations modify certain references to “delegated budget” and “budget share” in the Education Act 1996 and in other statutory provisions so as to take into account the coming into force of Chapter IV of Part II of the School Standards and Framework Act 1998 on 1st April 1999. They also provide for the continued operation of schemes made by local education authorities in relation to the staffing of non-school activities at county, voluntary and maintained special schools (regulation 5).

These Regulations also revoke a number of orders and regulations which are spent.

Footnotes