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Textual Amendments
F1Pt. II (ss. 31-182) repealed (1.10.1998, 10.3.1999, 1.4.1999 respectively in relation to specified provisions and otherwise 1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 69, Sch.31 (with ss. 138(9), 144(6)); S.I. 1998/2212, art. 2, Sch. 1 Pts. I, IV; S.I. 1999/120, art. 2(2), Sch. 2 ; S.I. 1999/1016, art. 2(1), Sch. 1; S.I. 1999/2323, art. 2(1), Sch. 1 (with savings as specified in those S.I.s and subject to savings in S.I. 1999/704 , S.I. 1999/711, S.I. 1999/2243 and S.I. 1999/2262)
The articles of government for a county, voluntary or maintained special school shall provide for the conduct of the school to be under the direction of the governing body, but subject—
(a)to any provision of the articles conferring specific functions on a person other than the governing body, and
(b)to any provision (other than a provision of the articles) made by or under this Act or any other enactment.
Regulations may make provision as to the circumstances in which, in any case where—
(a)any provision made by or under Chapter IV or this Chapter requires the governing body of a county, voluntary or maintained special school to be consulted before a particular step is taken by the local education authority or the head teacher, and
(b)the authority or head teacher require to take that step as a matter of urgency but are unable to contact the chairman or vice-chairman of the governing body,
the authority or (as the case may be) the head teacher may proceed without consulting the governing body.
(1)Where a county, voluntary or maintained special school is organised in two or more separate departments, each with a head teacher, any provision made by or under this Act which confers functions on or in relation to the head teacher of the school shall have effect as if each department were a separate school.
(2)Subsection (1) does not apply where the school’s articles of government provide otherwise.
Modifications etc. (not altering text)
C1S. 132 excluded (26.5.1999) by S.I. 1999/1287, reg. 3(1)
s. 132 modified (temp. 26.5.1999 to immediately before 1.9.1999) by S.I. 1999/1287, reg. 3(2)