- Latest available (Revised)
- Original (As enacted)
This is the original version (as it was originally enacted).
(1)Where proposals for the establishment of a maintained school fall to be implemented under any enactment, the local education authority shall make arrangements providing for the constitution of a temporary governing body for the school.
(2)Once constituted in accordance with arrangements made under subsection (1), the temporary governing body shall continue in existence until such time as the governing body are constituted for the school under an instrument of government.
(3)The local education authority shall secure that the governing body are so constituted before such date as may be determined in accordance with regulations.
(4)The requirement for there to be an instrument of government for a school (imposed by section 20) shall take effect in relation to a school falling within subsection (1) above as from the date determined under subsection (3).
(5)Regulations may make provision with respect to—
(a)the making and termination of arrangements for the constitution of temporary governing bodies, including such arrangements made in anticipation of proposals falling to be implemented as mentioned in subsection (1),
(b)the constitution, meetings and proceedings of temporary governing bodies, the payment of allowances to temporary governors, and the appointment of clerks to such bodies,
(c)the exercise by a temporary governing body before the school opening date of the powers conferred by section 27,
(d)the transition from a temporary governing body to a governing body constituted under an instrument of government, and
(e)such other matters relating to temporary governing bodies as the Secretary of State, or as the case may be the National Assembly for Wales, considers appropriate.
(6)Regulations under subsection (5) may, in connection with any matters falling within that subsection—
(a)modify any provision made under any of sections 19, 20 or 23 or by Schedule 1;
(b)apply any such provision with or without modifications;
(c)make provision corresponding or similar to any such provision.
(7)Subject to subsection (8), the temporary governing body of a school shall be treated for the purposes of the Education Acts as if they were the governing body during the period—
(a)beginning with the school opening date, and
(b)ending with the time when the governing body are constituted for the school under an instrument of government;
and for the purposes of section 30(3) of this Act and sections 495 to 498 of the Education Act 1996 (c. 56) (general default powers of the Secretary of State) the temporary governing body of a school shall also be so treated at any time falling before the school opening date.
(8)Despite subsection (7), nothing in any of the following provisions, namely—
(a)section 20(1),
(b)(subject to any regulations made under subsection (5)) Schedule 1, or
(c)(subject to any regulations made under subsection (5)) regulations made under section 19, 20 or 23,
applies to any temporary governing body.
(9)In this section “school opening date”, in relation to a new maintained school, means the date when the school first admits pupils.
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: