School Standards and Framework Act 1998

Final decision by governing body as to new category E+W

5 (1) Where— E+W

(a) the governing body of a school within paragraph 2 have taken their preliminary decision under sub-paragraph (1) of paragraph 4, and

(b) the result of a ballot held by virtue of that paragraph does not accord with that decision,

the governing body shall reconsider the question set out in that sub-paragraph, having regard to the result of the ballot, and shall then take a further decision on that question.

(2) Where—

(a) the governing body of a school within paragraph 2 have taken their preliminary decision under sub-paragraph (1) of paragraph 4, and

(b) either—

(i) a ballot was held by virtue of that paragraph whose result (if any) was not to disagree with that decision, or

(ii) no such ballot was required to be held,

the governing body shall take a further decision confirming their preliminary decision.

(3) Regulations may make provision as to the procedure to be followed in connection with the taking by governing bodies of their final decisions (including, in particular, provision as to the time by which governing bodies are to take such decisions).

(4) In this Schedule any reference to a governing body’s “final decision” is a reference to any such further decision as is required by sub-paragraph (1) or (2).

Modifications etc. (not altering text)

C1 Sch. 2 paras. 4-7 excluded (7.9.1998) by S.I. 1998/1969, reg. 19(2)