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The School Organisation (Prescribed Alterations to Maintained Schools) (England) Regulations 2013

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2.—(1) In these Regulations—

“the Act” means the Education and Inspections Act 2006;

“SSFA 1998” means the School Standards and Framework Act 1998(1);

“the Constitution Regulations” means the School Governance (Constitution) (England) Regulations 2012(2);

“change of category to foundation” has the meaning set out in regulation 3;

“Early Years Foundation Stage” means the learning and development requirements specified by the Secretary of State by order and the welfare requirements specified by the Secretary of State by regulations both made under section 39 of the Childcare Act 2006(3);

“foundation” has the meaning set out in section 21(3) of SSFA 1998;

“foundation body” means a body corporate established under section 21 of SSFA 1998(4);

“foundation proposals” has the meaning set out in regulation 3;

“further education institution” means an institution within the further education sector (within the meaning of section 91(3) of the Further and Higher Education Act 1992(5));

“grammar school” has the same meaning as in section 104(7) of SSFA 1998;

“implementation date” means the date approved or specified by the governing body, local authority or adjudicator (as the case may be) as the date on which it is intended that the change which falls to be implemented, should take place;

“lower age limit” in relation to a school means the lower age of pupils for whom education is normally provided at the school;

“mainstream school” means a maintained school which is not a special school;

“playing fields” has the meaning set out in section 77 of SSFA 1998 (control of disposals or changes in use of school playing fields);

“relevant change” has the meaning set out in regulation 3;

“representation period” means the period prescribed in these Regulations in which objections or comments in relation to the proposals must be made;

“site” does not include playing fields but otherwise includes any site which is to form part of the premises of the school in question;

“sixth form education” means full time secondary education suitable to the requirements of pupils over compulsory school age;

“special educational needs” has the meaning given by section 312(1) of the Education Act 1996(6);

“special school” has the same meaning as in section 337 of the Education Act 1996(7);

“sponsor governor” means a person who is nominated as a sponsor governor and is appointed as such by the governing body in accordance with Schedule 5 to the School Governance (Constitution) Regulations 2007(8);

“transferor” and “transferee” mean the transferor and transferee under any transfer to which these Regulations apply;

“trustees of the school” means any persons (other than the governing body) holding property on trust for the purposes of the school; and

“upper age limit” in relation to a school means the highest age of pupils for whom education is normally provided at the school.

(2) In these Regulations, any reference to sections 18, 19, 20, 21, 23 or 24 is a reference to that section of the Act.

(4)

Section 21(6) was amended by paragraph 14 of Schedule 3 and Part 3 of Schedule 18 to the Education and Inspections Act 2006 (c.40).

(5)

1992 c. 13. Section 91(3) was amended by paras 1and 13 of Sched 8 to the Apprenticeships, Skills, Children and Learning Act 2009.

(6)

1996 c.56. Section 312 was amended by section 57(1) and paragraph 23 of Schedule 7 to the Education Act 1997 (c.44); section 140(1) and (3), and paragraph 71(a) and (b) of Schedule 30 to SSFA 1998; section 149 of, and paragraphs 1 and 56 of Schedule 9 to the Learning and Skills Act 2000 (c.21), and section 6(2) and paragraphs 2 and 3 of Schedule 1 to the Act.

(8)

S.I. 2007/957. These Regulations were revoked by the School Governance (Constitution) (England) Regulations 2012/1034 subject to savings and transitional provisions specified in SI 2012/1034.

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