Memorandum by the
Department for Education and Employment
1999 (S.I. 1999/2)
1. The Committee requested
a memorandum on the following point:
(Savings) refers to "the requirements of paragraph 5 of Schedule
2 to the 1996 Regulations" (playing fields). Should not this
be a reference to paragraph 3?
2. The reference should have
been to paragraph 3 and the Department is grateful to the Committee
for drawing attention to this point.
3. In the Department's view
however the meaning of regulation 26(1) is still clear. Regulation
26(1) (as drafted) deals with the case where immediately before
1st February 1999 team game playing fields were provided which
"satisfied the requirements of paragraph 5 of Schedule 2
to the 1996 Regulations by virtue of paragraph 5(2) of that Schedule".
Paragraph 5 of the "1996 Regulations" (that is the Education
(School Premises) Regulations 1996 (S.I. 1996/360)) does
not itself contain requirements which can be satisfied. Paragraph
3 of the 1996 Regulations however provides for minimum areas for
playing fields. Paragraph 5(2) then provides that in the case
of a school which enjoys the benefit of various facilities, the
minimum areas specified in paragraph 3 shall be reduced "so
far as is reasonable having regard to the facilities mentioned
above". In the light of the fact that paragraph 5 does not
contain requirements, the Department takes the view that regulation
26(1) would, as drafted, be interpreted as applying to any case
where paragraph 5(2) of Schedule 2 to the 1996 Regulations applied,
which accords with the policy behind the saving provision.
4. The Department proposes
to amend this provision next time the regulations are amended.
1st February 1999