New Schools (General) (England) Regulations 2003

Conduct of the school on or after the school opening date

32.—(1) During the period–

(a) beginning with the school opening date; and

(b) ending with the time when the governing body are constituted for the school under an instrument of government,

Schedule 1 to the 2002 Act shall apply(1) with the modifications set out in paragraph (2).

(2) The modifications are as follows–

(a) for references to “governing body” there shall be substituted references to “temporary governing body”;

(b) in paragraph 2(1) of Schedule 1 to the 2002 Act, the words “as for the time being set out in the school’s instrument of government” shall be omitted; and

(c) paragraphs 2(2) and 2(3) of Schedule 1 to the 2002 Act shall not apply.

(1)

Under section 34(7) of the 2002 Act, the temporary governing body of a school shall be treated for the purposes of the Education Acts as if they were the governing body during the period beginning with the school opening date and ending with the time the governing body are constituted under an instrument of government; subject to section 34(8) under which Schedule 1 does not apply to temporary governing bodies unless provided for in regulations made under section 34(5).