Joint Committee on Statutory Instruments Sixth Report


Memorandum by the Department for Education and Employment

REGULATIONS 2000 (S.I. 2000/3370)

1. The Department for Education and Employment submits this Memorandum in response to the request from the Committee dated 5 July 2000 on the following points:

    "(1)  Regulation 4 requires the governing body of any maintained school on receiving a request from the local education authority by which the school is maintained to supply such of the information referred to in the Schedule as may be requested. Explain whether (as indicated in the Explanatory Note) it is intended that the request must be in writing and, if so, why this is not expressly stated".

2. In the vast majority of cases such requests will be in writing but it was not intended that such requests must be in writing and it is therefore not expressly stated that this has to be the case. The Explanatory Note is misleading in suggesting that the request must always be in writing and the Department apologises for this error. In any case where there is a dispute about the provision of information it is inconceivable that the nature of the request will not have been set out in writing.

3.   "(2)  Ought not the words "the following information" to have been included at the end of paragraph 1 of Part II of the Schedule?"

4. As it is clear from regulation 4 that the governing body shall provide to the local education authority such of the information referred to in the Schedule as is so requested the words "the following information" may be superfluous. These words have however been included in paragraph 1 of Part I of the Schedule and the two parts of the Schedule are therefore inconsistent. The Department apologises for this inconsistency and agrees that the words should have been included in Part II.

30 January 2001

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