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Education Act 1996
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Changes over time for: Paragraph 5
Version Superseded: 01/09/1999
Alternative versions:
- 01/11/1996- Amendment
- 01/04/1997
Point in time - Stop date 01/09/1999- Amendment
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Point in time view as at 01/04/1997. This version of this provision has been superseded.
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Education Act 1996, Paragraph 5 is up to date with all changes known to be in force on or before 05 December 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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5(1)When the requirement for there to be an instrument of government for a new school takes effect under section 99, sub-paragraph (2) shall apply for the purposes of the application of section 79, 80, 84 or 85 in relation to the constitution of the school’s governing body.
(2)Where this sub-paragraph applies, the school shall be treated as having as registered pupils the maximum number of pupils referred to in the relevant proposals.
(3)Subject to sub-paragraph (4), sub-paragraph (2) shall, as from the time when the governing body is first constituted, continue to apply for the purposes of determining what provision would be required to be made by a new instrument of government for the school.
(4)Sub-paragraph (2) shall cease so to apply in relation to the school at such time as—
(a)the number of registered pupils at the school reaches the maximum referred to in that sub-paragraph; or
(b)the local education authority give any direction by virtue of sub-paragraph (5).
(5)The instrument of government for a school in relation to which sub-paragraph (2) applies when the instrument is made shall provide for the local education authority to have power to direct that sub-paragraph (2) shall cease to apply in relation to the school.
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