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31.—(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 applies(1) with the modifications set out in paragraph (2).
(2) The modifications are as follows—
(a)for references to “governing body” there are 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” are omitted; and
(c)paragraph 2(2) and (3) of Schedule 1 to the 2002 Act does not apply.
Under section 34(7) of the 2002 Act, the temporary governing body of a school is to be treated for the purposes of the Education Acts as if it was the governing body during the period beginning with the school opening date and ending with the time the governing body is 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).
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