Education Act 1996

92 Procedure for making or altering the instrument of government for a group

(1) Before making an order under section 76 embodying the first instrument of government for a group, the local education authority shall consult the governing body and head teacher of each school within the group.

(2) Before making such an order in respect of a group which contains one or more voluntary schools, the local education authority shall also—

(a) secure the agreement of the governing body of each of those schools to the terms of the proposed order,

(b) secure the agreement of the foundation governors of each of those schools to any provision which will be of particular concern to the foundation governors of the group, and

(c) have regard to the way in which those schools have been conducted.

(3) Where an order such as is mentioned in subsection (1) has been made, section 77 shall apply in relation to any subsequent order embodying or varying the instrument of government for the group, or any proposal for the making of such an order, as if the group—

(a) (where it contains one or more voluntary schools) were a single voluntary school; or

(b) (in any other case) were a single county school.

(4) Any agreement required by subsection (2) shall be treated for the purposes of section 77(5) as having been required by section 77(2).