Education Act 1996

129 Overriding, and amendment, of articles where school has a delegated budget

(1) During any period when a school has a delegated budget under such a scheme as is mentioned in section 101(1), any provisions of the articles of government of the school which are inconsistent with the operation during that period of any provisions of Chapter V or of the scheme shall be of no effect to the extent of the inconsistency.

(2) If a school’s articles of government contain any provisions to which subsection (1) applies (“inconsistent provisions”), the local education authority shall amend the articles so as to include in relation to each inconsistent provision the statement required by subsection (3).

(3) The statement shall specify—

(a) the inconsistent provision,

(b) the provision of Chapter V or of the scheme with the operation of which it is inconsistent (the “overriding provision”), and

(c) the extent of the inconsistency,

and shall indicate that, during any period when the school has a delegated budget, the inconsistent provision is superseded by the overriding provision to the extent of the inconsistency.

(4) Any amendment required by subsection (2) shall be made within the period of five years beginning with the date on which begins the financial year in which the school first has a delegated budget under the scheme.

(5) Any such amendment shall be made by order under section 127; but section 128 shall not apply in relation to an order made under section 127 by virtue of this subsection.