Education Act 1993 (Commencement No. 2 and Transitional Provisions) Order 1993

4.—(1) This paragraph applies in relation to any school where immediately before 1st January 1994 the governing body are under a duty by virtue of section 60(4) of the 1988 Act to hold a ballot in accordance with section 61 of that Act, but they have not held the ballot before that date.

(2) For the purposes of sub-paragraph (1) above, the governing body are to be treated as having held a ballot in pursuance of their duty under section 60(4) of the 1988 Act notwithstanding that, by virtue of section 61(9) of that Act, the result of the ballot is to be disregarded.

(3) In relation to the holding of the ballot referred to in sub-paragraph (1) above—

(a) where the governing body have decided to hold the ballot by passing two resolutions in accordance with section 60(1)(a) of the 1988 Act, section 25(1)(a) of the Act shall have effect as if for “the period of ten weeks beginning with the date of the resolution” there were substituted “the period of three months beginning with the date of the second resolution”; and

(b) where the governing body are required to hold a ballot having received such a request as is mentioned in section 60(1)(b) of the 1988 Act, section 26(3)(a) of the Act shall have effect as if for “the period of ten weeks beginning with the date on which the request was received” there were substituted “the period of two months beginning with the date immediately following the period of twenty eight days beginning with the date on which the request was received”.