The Education (Groups of Grant–maintained Schools) Regulations 1994

Incorporation

17.—(1) Where any proposals are approved under regulation 16 then–

(a) the persons who immediately before the proposals are approved are named as initial governors; and

(b) the existing headteachers of the proposed schools in the group or new group (except any that choose not to be governors ex officio) shall on that date be incorporated as the governing body of the group or new group under the name given in pursuance of paragraph 4(1)(g) of Schedule 2.

(2) Where any proposals are approved under regulation 16 then, in relation to the period beginning with the incorporation date and ending immediately before the date of implementation of the proposals–

(a) references in Part II of Chapter II of the 1993 Act and in these Regulations to the new governing body shall be taken to include a governing body incorporated under this regulation; and

(b) any reference in any enactment or instrument or document to the governing body of a school or group, other than an express reference to the new governing body or the governing body incorporated under this regulation shall be read as a reference to the existing governing body of the school or group.

(3) On the date of implementation of the proposals–

(a) any local education authority whose duty it was immediately before that date to maintain any of the schools included in the proposals as a county, voluntary or special school shall cease to have that duty; and

(b) any special agreement relating to any of the schools included in the proposals shall cease to have effect.