Education (No. 2) Act 1986

Part I E+W General

1 In this Schedule—

• “arrangement” means (except in paragraph 2(2)(b) or 19) an arrangement made under section 12 of this Act for the constitution of a temporary governing body for a new school;

• “new school” means any school, or proposed school, which is required to have a temporary governing body or in respect of which the local education authority have power to make an arrangement under section 12(4);

• “relevant proposal” means the proposal (of a kind mentioned in section 12) by reference to which the school in question is a new school; and

• “temporary governor” means any member of a temporary governing body.

Constitution of temporary governing body E+W

2 (1) Subject to the provisions of this Schedule, every temporary governing body shall be constituted—

(a) in accordance with the provisions of sections 3 and 7 of this Act, in the case of a school whose governing body will be required to be constituted in accordance with those provisions; and

(b) in accordance with the provisions of [F1 sections 4 and 4A] of this Act, in the case of a school whose governing body will be required to be constituted in accordance with those provisions.

(2) For the purpose of the application of section 3, 4 [F2 4A] or 7 of this Act in relation to the constitution of its temporary governing body, a new school shall be treated as having as registered pupils the maximum number of pupils referred to—

(a) in the relevant proposal; or

(b) in the case of a new school which will be a special school; in the arrangements for the school approved by the Secretary of State in accordance with regulations made under section 12 of the 1981 Act (approval of special schools).

(3) In co-opting any person (otherwise than as a temporary foundation or teacher governor) to be a member of a temporary governing body of a new school which will be a county, controlled or maintained special school, the temporary governors concerned shall—

(a) have regard—

(i) to the extent to which they and the other temporary governors are members of the local business community; and

(ii) to any representations made to the temporary governing body as to the desirability of increasing the connection between the temporary governing body and that community; and

(b) where it appears to them that no temporary governor of the new school is a member of the local business community, or that it is desirable to increase the number of temporary governors who are, co-opt a person who appears to them to be a member of that community.

(4) The first meeting of any temporary governing body shall be called—

(a) by their clerk; or

(b) where he fails to call it within such period as the local education authority consider reasonable, by the authority.

Textual Amendments

F1 Words in Sch. 2 para. 2(1)(b) substituted (1.1.1994) by 1993 c. 35, s. 307(1), Sch. 19 para. 109(a); S.I. 1993/3106, art. 4, Sch. 1

F2 Word in Sch. 2 para. 2(2) inserted (1.1.1994) by 1993 c. 35, s. 307(1), Sch. 19 para. 109(b)(i); S.I. 1993/3106, art. 4, Sch.1