4Temporary modification of Part 6 of the 2002 Act
Prior to the definition of “maintained school” in section 39(1) of the 2002 Act coming into force in relation to England, Part 6 of the 2002 Act shall have effect as if—
(a) in section 79(3), for the words “or maintained nursery school” there were substituted the words “and the head teacher of every maintained nursery school”;
(b) in section 89(1)(a) the words “and the governing body” were omitted;
(c) in section 90(1) the words “or maintained nursery school” were omitted;
(d) in section 90(3) the words “or a maintained nursery school” were omitted;
(e) in section 94(1), for paragraphs (a) and (b) there were substituted—
“(a) in the case of a maintained school, to the governing body, and
(b) in all cases, to the local education authority by whom the school is maintained,”;
(f) in section 95, for the words “governing body”, in each place where they occur, there were substituted the words “relevant body”, and
(g) after subsection (4) of section 95 there were substituted the following subsection—
“(5) In this section “the relevant body” means in the case of a maintained school its governing body, and in the case of a maintained nursery school the local education authority by whom the school is maintained.”
Specified date: 1 October 2002: see reg 1(1).
(This note is not part of the Regulations)
These Regulations make modifications in connection with the bringing into force of section 27 of the Education Act 2002 on 2nd September 2002, and in connection with the proposed bringing into force of sections 30, 37, and Part 6 of, and Schedule 1 to, the Education Act 2002 on 1st October 2002, relating to community facilities, governors' reports, payments in respect of dismissal etc, and the curriculum in England.
Regulation 2 makes a consequential amendment to the School Standards and Framework Act 1998 in place of a mistake in section 41(2) of the Education Act 2002.
Regulation 3 provides that until the definition of maintained school in section 39 of the Education Act 2002 (to include maintained nursery schools) comes into force, references in sections 27, 30, and 37 of, and Schedule 1 to, the Education Act 2002 shall have effect as if they were references to the relevant provision in the School Standards and Framework Act 1998. Regulation 5 revokes the previous regulation to that effect in respect of section 27 (regulation 3(3) of those regulations falling away as Schedule 1 is also proposed to be commenced on 1st October 2002).
Regulation 4 makes modifications of Part 6 of the Education Act 2002 in respect of the curriculum in England, until the requirement for nursery schools to have governing bodies is brought into force.