Education Act 1996

Government of new schools

96 Temporary governing bodies for new county or maintained special schools

(1) Where—

(a) the Secretary of State has approved under section 37 or section 340 proposals of a kind mentioned in subsection (2), or

(b) a local education authority have determined under section 38 to implement any proposals made by them under section 35,

the local education authority shall (unless they have already exercised their power to do so under subsection (3)) make an arrangement for the constitution of a temporary governing body for the school in question pending the constitution of its governing body under an instrument of government.

(2) The proposals referred to in subsection (1) are any proposals made by a local education authority—

(a) to establish a new county school;

(b) to maintain as a county school a school which is neither a county school nor a voluntary school; or

(c) to establish a new school which is specially organised to make special educational provision for pupils with special educational needs.

(3) Where any such proposals have been duly published under section 35 or (as the case may be) notice of them has been duly served under section 339, the local education authority may make an arrangement such as is mentioned in subsection (1) in anticipation of the Secretary of State’s approval of the proposals or (as the case may be) the determination by the authority that they should be implemented.

(4) An arrangement made under subsection (3) shall come to an end if—

(a) the proposals are withdrawn, or

(b) the Secretary of State rejects them under section 37 or (as the case may be) section 340, or

(c) (in the case of proposals made under section 35), the local education authority determine under section 38 not to implement them.

(5) An arrangement made under this section shall, unless it has been brought to an end under subsection (4), come to an end when the requirement for there to be an instrument of government for the school takes effect under section 99.

97 Temporary governing bodies for new voluntary schools

(1) Where the Secretary of State has approved under section 43 any proposals that a school—

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

(b) which is proposed to be so established,

should be maintained by a local education authority as a voluntary school, the local education authority shall (unless they have already exercised their power to do so under subsection (2)) make an arrangement for the constitution of a temporary governing body for the school pending the constitution of its governing body under an instrument of government.

(2) Where any such proposals have been duly published under section 41, the local education authority may make an arrangement such as is mentioned in subsection (1) in anticipation of the Secretary of State’s approval of the proposals.

(3) If the proposals so published are for the school in question to be maintained as a controlled school, the authority shall consult the persons making the proposals—

(a) as to whether the power given to the authority by subsection (2) should be exercised, and

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

(4) If the proposals so published are for the school in question to be maintained as an aided school, the authority and the persons making the proposals shall consider—

(a) whether the power given to the authority by subsection (2) should be exercised, and

(b) where they agree that it should, on what date the arrangement should be made.

(5) Where, in a case within subsection (4), the authority and the persons making the proposals 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.

(6) On a reference under subsection (5), the Secretary of State shall give such direction as he thinks fit.

(7) An arrangement made under subsection (2) shall come to an end if—

(a) the proposals are withdrawn, or

(b) the Secretary of State rejects them under section 43.

(8) An arrangement made under this section, other than one which has been brought to an end under subsection (7), shall come to an end when the requirement for there to be an instrument of government for the school takes effect under section 99.

98 Constitution, membership and proceedings etc. of temporary governing bodies

Schedule 9 has effect in relation to the constitution, membership and proceedings of, and other matters relating to, temporary governing bodies.

99 Transition from temporary governing body to governing body constituted under an instrument of government

(1) The requirement for there to be an instrument of government for a school (imposed by section 76) shall take effect in relation to a new school from the date on which the relevant proposals are implemented.

(2) Where a question arises as to which date is to be taken for the purposes of this section to be the date on which the relevant proposals are implemented, it shall be determined by the Secretary of State.

(3) Schedule 10 has effect in relation to the transition from a temporary governing body to a governing body constituted under an instrument of government.