Education Act 1996

Section 99.

SCHEDULE 10 Transition from temporary governing body to governing body constituted under an instrument of government

Time limit for constitution of governing body

1 The local education authority shall secure that the governing body of a new school are constituted—

(a) as soon as is reasonably practicable after the requirement for there to be an instrument of government for the school takes effect under section 99, and

(b) in any event not later than the last day of the term in which pupils first attend the new school or (as the case may be) first attend the school after it becomes maintained by the authority.

Status of temporary governing body pending constitution of governing body

2 Where the requirement for there to be an instrument of government for a new school has taken effect under section 99, the temporary governing body shall, until such time as the governing body are constituted—

(a) continue in existence (despite the fact that the arrangement under which they were constituted has come to an end under section 96 or 97); and

(b) be treated as if they were the governing body.

Role of temporary governing body as regards constitution of governing body

3 (1) Before making an order under section 76 as to the instrument of government for a new school, the local education authority shall consult the temporary governing body and the head teacher.

(2) Before making such an order in respect of a new school which will be a voluntary school, the authority shall—

(a) secure the agreement of the temporary governing body to the terms of the proposed order; and

(b) secure the agreement of the temporary foundation governors to any provisions which are of particular concern to those governors.

(3) Where a local education authority propose to make an order under section 76 as to the instrument of government for a new school but cannot secure any agreement required by this paragraph, they or (as the case may be) the temporary governing body or temporary foundation governors may refer the matter to the Secretary of State.

(4) On a reference under sub-paragraph (3), the Secretary of State shall give such direction as he thinks fit.

4 (1) A temporary governing body shall recommend (with reasons) persons who belong to the community served by the new school and who are, in their opinion, suitable for appointment as co-opted members of the governing body who will succeed them.

(2) Before making any recommendations under this paragraph, a temporary governing body shall consult representatives of the local business community.

Initial constitution of governing body

5 (1) When the requirement for there to be an instrument of government for a new school takes effect under section 99, sub-paragraph (2) shall apply for the purposes of the application of section 79, 80, 84 or 85 in relation to the constitution of the school’s governing body.

(2) Where this sub-paragraph applies, the school shall be treated as having as registered pupils the maximum number of pupils referred to in the relevant proposals.

(3) Subject to sub-paragraph (4), sub-paragraph (2) shall, as from the time when the governing body is first constituted, continue to apply for the purposes of determining what provision would be required to be made by a new instrument of government for the school.

(4) Sub-paragraph (2) shall cease so to apply in relation to the school at such time as—

(a) the number of registered pupils at the school reaches the maximum referred to in that sub-paragraph; or

(b) the local education authority give any direction by virtue of sub-paragraph (5).

(5) The instrument of government for a school in relation to which sub-paragraph (2) applies when the instrument is made shall provide for the local education authority to have power to direct that sub-paragraph (2) shall cease to apply in relation to the school.

Information about temporary governing body for successors

6 (1) Immediately before the arrangement under which a temporary governing body are constituted comes to an end under section 96 or 97, they shall prepare, for the purpose of assisting the governing body who will succeed them, a brief report of the action which they have taken in the discharge of their functions.

(2) All minutes and papers of a temporary governing body, including the report prepared under sub-paragraph (1), shall be made available to their successors.