Education (No. 2) Act 1986

12 Temporary governing bodies for new schools. E+W

(1) Where—

(a) the Secretary of State has approved, under section 12 or 13 of the 1980 Act, any proposal of a kind mentioned in subsection (2) below; or

(b) a local education authority making any such proposal have determined, under section 12(7) of that Act, that it should be implemented;

the local education authority shall make an arrangement for the constitution of a temporary governing body for the school (or proposed school) pending the constitution of its governing body under an instrument of government.

(2) The proposals referred to in subsection (1) above are—

(a) any proposal made by a local education authority—

(i) to establish a new county school; or

(ii) to maintain as a county school any school which is neither a county school nor a voluntary school; and

(b) any proposal that a relevant school should be maintained by a local education authority as a voluntary school.

(3) Where a local education authority propose to establish a new special school, they shall make an arrangement for the constitution of a temporary governing body for the school—

(a) at least one year before the date on which the first pupils are expected to be admitted; or

(b) on the day on which their resolution to establish the school is passed.

(4) Where a proposal of a kind mentioned in subsection (2) above has been duly published, the local education authority may make an arrangement for the constitution of a temporary governing body in anticipation of the approval of the proposal by the Secretary of State or (as the case may be) of the determination by the authority that it should be implemented.

(5) Where any proposal that a relevant school should be maintained by a local education authority as a controlled school has been duly published, the authority shall consult the promoters—

(a) as to whether the power given to the authority by subsection (4) above should be exercised; and

(b) if the authority propose to exercise it, as to the date on which it should be exercised.

(6) Where any proposal that a relevant school should be maintained by a local education authority as an aided school has been duly published, the authority and the promoters shall consider—

(a) whether the power given to the authority by subsection (4) above should be exercised; and

(b) where they agree that it should, on what date the authority should exercise it.

(7) Where, in a case falling within subsection (6) above, the authority and the promoters fail to agree on the question mentioned in paragraph (a) or on that mentioned in paragraph (b), either of them may refer the matter to the Secretary of State.

(8) On any reference under subsection (7) above, the Secretary of State shall give such direction as he thinks fit.

(9) In this section “relevant school”, in relation to any proposal, means a school which—

(a) was established by those making the proposal, or by persons whom they represent, and which is not a voluntary school; or

(b) is proposed to be so established.

(10) Schedule 2 to this Act shall have effect for the purpose of supplementing this section.