The Change of Category of Maintained Schools (Wales) (Amendment) Regulations 2005

Made: 18 October 2005

Coming into force: 31 October 2005

In exercise of the powers conferred upon the Secretary of State by sections 138(7) and 144 of, and paragraph 5 of Schedule 8 to, the School Standards and Framework Act 1998[^f00001] and now vested in the National Assembly for Wales[^f00002], and in exercise of the powers conferred on it by sections 19, 20, 210(7) and 214 of the Education Act 2002[^f00003] the National Assembly for Wales makes the following Regulations:

Title, commencement, interpretation and application

1

• (1) The title of these Regulations is the Change of Category of Maintained Schools (Wales) (Amendment) Regulations 2005 and they come into force on 31 October 2005.

• (2) In these Regulations—

• “the 1998 Act” (“Deddf 1998”) means the School Standards and Framework Act 1998;

• “the 2005 Regulations” (“Rheoliadau 2005”) means the Government of Maintained Schools (Wales) Regulations 2005[^f00004];

• “the Principal Regulations” (“y Prif Reoliadau”) means the Change of Category of Maintained Schools (Wales) Regulations 2001[^f00005].

• (3) These Regulations apply in relation to Wales.

Amendment of the Principal Regulations

2

The Principal Regulations are amended as follows.

3

In regulation 3(1)—

• (a) before the definition of “the Act” insert the following definition—

• “the 2005 Regulations” (“Rheoliadau 2005”) means the Government of Maintained Schools (Wales) Regulations 2005;

• (b) substitute for the definition of “modified Schedule 12 to the Act” the following definition—

• “the modified 2005 Regulations” (“y Rheoliadau 2005 addasedig”) means the 2005 Regulations as they have effect with modifications by virtue of regulation 12 of and Schedule 3 to these Regulations;

4

In regulation 10(1), substitute the words “the modified 2005 Regulations” for the words “modified Schedule 12 to the Act”.

5

Substitute for regulation 11 the following—

(11) The new instrument of government must be made in accordance with, and conform to, the requirements of Part 5 of the modified 2005 Regulations.

6

Substitute for regulation 12 the following—

(12) The 2005 Regulations apply to the new instrument of government referred to in regulation 11 with the modifications set out in Schedule 3.

7

In regulation 13(1), substitute the words “the modified 2005 Regulations” for the words “modified Schedule 12 to the Act”.

8

In regulation 15(4), substitute the words “sponsor governors” for the words “additional co-opted governors”.

9

After regulation 15, insert the following—

(15A) For the purposes of regulations 14 and 15, where the local education authority has not made an instrument of government for the current governing body in accordance with the 2005 Regulations, the corresponding categories of governor are as follows—

10

For Schedule 3 substitute the revised Schedule 3 set out in the Schedule to these Regulations.

SCHEDULE

Signed

Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998[^f00006].

D. Elis-Thomas — The Presiding Officer of the National Assembly — 18 October 2005

Explanatory note

(This note is not part of the Regulations)

These Regulations amend the Change of Category of Maintained Schools (Wales) Regulations 2001 (the “Principal Regulations”). The Principal Regulations make provision for a community, voluntary controlled, voluntary aided or foundation school to become another category of school within those categories, for a community special school to become a foundation special school and for a foundation special school to become a community special school. These Regulations also modify the Government of Maintained Schools (Wales) Regulations 2005 (“the 2005 Regulations”).

These amendments and modifications are consequential on the repeal of Schedule 12 to the School Standards and Framework Act 1998 by the Education Act 2002 and the making of the 2005 Regulations.

Regulations 3 to 9 make minor amendments to the modifications in the Principal Regulations relating to the constitution of governing bodies of schools which change category.

Regulation 10 and the Schedule set out the modified provisions in the 2005 Regulations which relate to the making and the content of the instruments of government of schools which change category. The Schedule substitutes a new Schedule 3 to the Principal Regulations.

Footnotes

[^f00001]: 1998 c. 31. For the definition of “regulations”, see section 142(1).

[^f00002]: See the National Assembly for Wales (Transfer of Functions) Order 1999, S.I. 1999/672.

[^f00003]: 2002 c. 32. For the definition of “regulations”, see section 212(1).

[^f00004]: S.I. 2005/2914 (W.211).

[^f00005]: S.I. 2001/2678 (W.219).

[^f00006]: 1998 c. 38.