PART 6 General Conduct of New Schools

Conduct of the school on or after the school opening date

31.—(1) 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,

Schedule 1 to EA 2002 applies(1) with the modifications set out in paragraph (2).

(2) The modifications are as follows—

(a) for references to “governing body” substitute references to “temporary governing body”;

(b) in paragraph 2(1) of Schedule 1 to EA 2002, the words “as for the time being set out in the school’s instrument of government” are omitted; and

(c) paragraphs 2(2) and 2(3) of Schedule 1 to EA 2002 do not apply.

(1)

Under section 34(7) of EA 2002, the temporary governing body of a school are to be treated for the purposes of the Education Acts as if they were the governing body during the period beginning with the school opening date and ending with the time the governing body are constituted under an instrument of government; subject to section 34(8) under which Schedule 1 does not apply to temporary governing bodies unless provided for in regulations made under section 34(5).