S.I. 2003/1558: defective drafting
New Schools (General) (England) Regulations 2003
1.1 The Committee draws the special attention
of both Houses to these Regulations on the ground that they are
1.2 In a memorandum printed at Appendix 1, the Department
for Education and Skills acknowledges that the cross-references
in paragraphs (3) and (7) of regulation 10 are erroneous. The
Committee accordingly reports regulation 10 for defective drafting,
acknowledged by the Department.
1.3 Regulation 37 permits the chair of a new school's
temporary governing body to exercise certain of that body's functions
where, in his opinion, a delay in exercising the function would
be likely to be seriously detrimental to the interests of the
school or specified persons. Regulation 37(3) defines "delay"
for this purpose as delay for a period extending beyond the
earliest date on which it would have been reasonably practicable
for a meeting of the temporary governing body or a relevant committee
to be held. The Committee reported a similar provision in the
School Governance (Procedures) (England) Regulations 2003 at paragraph
3.2 of its 25th Report of this Session. As stated in the memorandum
printed at Appendix 3 to that Report, the Department's intention
was that the italicised words should have the same meaning as
"until", which they do not. The Committee accordingly
reports regulation 37(3) for defective drafting.