The Education (Transition to New Framework) (New Schools, Groups and Miscellaneous) Regulations 1999 (Amendment) (Wales) Regulations 2000

Made: 14th July 2000

Coming into force: 31st July 2000

In exercise of the powers conferred on the Secretary of State by sections 138(7) and 144 of, and paragraph 1 of Schedule 10 to, the School Standards and Framework Act 1998[^f00001], which powers are now vested in the National Assembly for Wales[^f00002], the National Assembly for Wales hereby makes the following Regulations:

Citation, commencement, application and interpretation

1

• (1) These Regulations may be cited as the Education (Transition to New Framework) (New Schools, Groups and Miscellaneous) Regulations 1999 (Amendment) (Wales) Regulations 2000 and shall come into force on 31st July 2000.

• (2) In these regulations —

• “the 1999 Regulations” (“Rheoliadau 1999”) means the Education (Transition to New Framework) (New Schools, Groups and Miscellaneous) Regulations 1999[^f00003]; and

• “the operative date” (“y dyddiad gweithredol”) means the date these Regulations come into force.

• (3) These Regulations shall apply only in Wales.

Amendment of the 1999 Regulations

2

The 1999 Regulations shall be amended in respect of Wales only by the substitution for Regulation 54 of those Regulations of the regulations set out in the Schedule to these Regulations.

Transfers from local education authorities

3

• (1) Where any property other than land or any right or liability not relating to land has, prior to the operative date, transferred to and, by virtue of regulation 54 of the 1999 Regulations, vested in a local education authority, the said property, right or liability shall on the operative date be transferred to and, by virtue of this regulation, vest in the governing body of the relevant school constituted under the instrument of government.

• (2) In this regulation —

• “relevant school” (“ysgol berthnasol”) means — where the transfer was by virtue of paragraph (1) of the said regulation 54, the school for whose purposes the property, right or liability was, immediately before the transfer date, held, used, acquired or incurred; where the transfer was by virtue of paragraphs (1) and (2) of the said regulation 54, the school to which the property, right or liability was allocated as a result of the division or apportionment carried out in accordance with the said paragraph (2); or where the transfer was by virtue of paragraph (4) of the said regulation 54, the school which appeared on the first transfer date to be likely to make use of the property or (as the case may be) to be affected by the right or liability to the greater extent; and

• “first transfer date” and “transfer date” have the meanings given to them in regulation 54 of the 1999 Regulations.

SCHEDULE — Regulations substituted for regulation 54 of the 1999 Regulations

Signed

Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998[^f00004].

Jane Davidson — The Deputy Presiding Officer, National Assembly for Wales — 14th July 2000

Explanatory note

(This note does not form part of the Regulations)

These Regulations amend the Education (Transition to New Framework) (New Schools, Groups and Miscellaneous) Regulations 1999.

Regulation 54 of those Regulations in its original form provides for —

• (a) all property (including land) of a grouped governing body held or used for the purposes of the school;

• (b) all rights and liabilities of the grouped governing body acquired or incurred for those purposes,

to vest in the new individual governing body of the school concerned (in the case of a foundation or voluntary aided school) or the local education authority (in other cases).

This was not, however, what was intended. The intention was that property other than land, and associated rights and liabilities, should, in all cases, vest in the new individual governing body of the school concerned. These Regulations therefore amend the earlier Regulations to reflect that intention. They also provide for any property other than land, and any associated rights and liabilities which have already passed to the local education authority under the old regulation 54, to vest in the individual governing body of the appropriate school.

The amendments already apply in England by virtue of the Education (Transition to New Framework) (New Schools, Groups and Miscellaneous) Regulations 1999 (Amendment) Regulations 1999 (S.I. 1999/3297).

Footnotes

[^f00001]: 1998 c. 31.

[^f00002]: See as to section 138(7) and Schedule 10 the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672) and as to section 144 the National Assembly for Wales (Transfer of Functions) Order 2000 (S.I. 2000/253.)

[^f00003]: S.I. 1999/362.

[^f00004]: 1998 c. 38.

[^f00005]: 1998 c. 40; amended by Schedule 29 to the School Standards and Framework Act 1998.