Joint Committee on Statutory Instruments Thirty-First Report

The Education (Change of Category of Maintained Schools) (England) Regulations 2000 (S.I. 2000/2195)

4. The Committee draws the attention of both Houses to these Regulations on the ground that they are defectively drafted.

5. These Regulations supplement Schedule 8 to the School Standards and Framework Act 1998, which provides for maintained schools of various categories to become schools of a different category. They replace Regulations made in 1999. Regulation 20 makes transitional provision consequent on the revocation of the 1999 Regulations. Regulation 20(3) provides for proposals (to change the category of a school) published under "paragraph 3 of Schedule 8 to the 1999 Regulations" and approved under the 1999 Regulations to be treated as though approved under these Regulations. The 1999 Regulations do not include a schedule numbered "8". The Committee therefore asked the Department for Education and Employment to explain this reference and, if, as appeared to be the case, some words had been accidentally omitted, to identify them.

6. The Department, in its memorandum printed in Appendix 3, confirms that words were accidentally omitted from regulation 20(3), which should have read "Any proposal published under paragraph 3 of Schedule 8 to the Act in accordance with the 1999 Regulations and approved.". The Department adds that, as it is not aware of any proposal falling within the scope of regulation 20(3), which appears to be redundant, it does not propose to amend the regulation. The Committee nonetheless reports regulation 20(3) for defective drafting, as acknowledged by the Department.

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