Joint Committee on Statutory Instruments Thirtieth Report


Memorandum by the Department for Education and Employment


REGULATIONS 1999 (S.I. 1999/2259)

  1. The Committee requested the Department to submit a memorandum on the following point:

  Regulations 6(2)(c) deals with voting on any decision of a school organisation committee in relation to consent "under paragraph 8 of the modified Schedule 6 to the   Act to the withdrawal of proposals". Given that paragraph 8 relates to schools in   Wales, identify the provision intended to be referred to.

  2. It is regretted that the reference to paragraph 8 is an error. The reference should have been to paragraph 3(8).

  3. Since however the "modified Schedule 6" does not have a paragraph 8, a Court would in the Department's view regard the reference to the withdrawal of proposals as a withdrawal of proposals under paragraph 3(8)of the modified Schedule 6.

  4. The Department is intending to make further regulations dealing with changes of category of maintained schools which will need to come into force on 1st September 2000 and the opportunity will be taken in those regulations to correct this error.

1st November 1999

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