Education Act 2002

Dissolution of governing body E+W

5 (1) If the school is discontinued, the governing body are dissolved by virtue of this paragraph—

(a) on the discontinuance date, or

(b) on such later date as the Secretary of State (in relation to England) or the National Assembly for Wales (in relation to Wales) may specify by order made before the discontinuance date.

[F1 (2) In this paragraph “the discontinuance date” means—

(a) in relation to a school in England, whichever of the following is relevant—

(i) the date on which proposals for discontinuing the school are implemented under Part 3 of Schedule 2 to the Education and Inspections Act 2006 or under Schedule 7 or 7A to the Learning and Skills Act 2000,

(ii) the date on which the school is discontinued under section 30 of the 1998 Act, or

(iii) the date specified in a direction given under section 17(1) or 68(1) of the Education and Inspections Act 2006;

(b) in relation to a school in Wales, whichever of the following is relevant—

(i) the date on which proposals for discontinuing the school are implemented under Part 3 of Schedule 6 to the 1998 Act or under Schedule 7 or 7A to the Learning and Skills Act 2000,

(ii) the date on which the school is discontinued under section 30 of the 1998 Act, or

(iii) the date specified in a direction given under section 19(1) or 32(1) of the 1998 Act.]

Textual Amendments

F1 Sch. 1 para. 5(2) substituted (25.5.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 3 para. 48; S.I. 2007/935, art. 7(o)

Modifications etc. (not altering text)

C1 Sch. 1 applied (with modifications) (31.10.2005) by The New Maintained Schools (Wales) Regulations 2005 (S.I. 2005/2912), regs. 1(1), 31

C2 Sch. 1 applied (with modifications) (31.10.2005) by The New Maintained Schools (Wales) Regulations 2005 (S.I. 2005/2912), regs. 1(1), 30(1) (with reg. 30(2))

Commencement Information

I1 Sch. 1 para. 5 partly in force; Sch. 1 para. 5 not in force at Royal Assent, see s. 216; Sch. 1 para. 5 in force for E. at 1.10.2002 by S.I. 2002/2439, art. 3 (with transitional provisions and savings in art. 4, Sch.)

I2 Sch. 1 para. 5 in force at 31.10.2005 for W. by S.I. 2005/2910, art. 4, Sch.