Memorandum by the Department for Education
Birmingham (Kitts Green and Shard End) Education
(Variation) Order 2001 (S.I. 2001/972)
1. The Joint Committee requested by letter of 25
April 2001 the submission of a memorandum on the following point:
"New article 9A (inserted
by article 2(3)) provides that a member of the Forum may be removed
from office by the Forum (b) in the case of a member appointed
pursuant to article 4(a), "if any of the schools referred
to in that paragraph are discontinued". Given that article
4(a) provides that the membership of the Forum must include one
person appointed by the governing body of each zone school, unless
any such governing body chooses not to make an appointment, ought
not the quoted words have read: "if the school whose governing
body appointed the member is discontinued (compare new article
9A(b), as inserted by article 2(3) of S.I. 2001/1000)"
2. The Department agrees that the drafting in S.I.
2001/1000 is superior. The words quoted in S.I. 2001/972 derive
from the precedent used for a number of previous statutory instruments
concerning Education Action Zones. The drafting was reconsidered
and improved upon in S.I. 2001/1000, as the Joint Committee observes,
and will be used in future drafting.
27 April 2001