Education Act 1996

97 Temporary governing bodies for new voluntary schools

(1) Where the Secretary of State has approved under section 43 any proposals that a school—

(a) which was established by those making the proposals, or by the persons whom they represent, and is not a voluntary school, or

(b) which is proposed to be so established,

should be maintained by a local education authority as a voluntary school, the local education authority shall (unless they have already exercised their power to do so under subsection (2)) make an arrangement for the constitution of a temporary governing body for the school pending the constitution of its governing body under an instrument of government.

(2) Where any such proposals have been duly published under section 41, the local education authority may make an arrangement such as is mentioned in subsection (1) in anticipation of the Secretary of State’s approval of the proposals.

(3) If the proposals so published are for the school in question to be maintained as a controlled school, the authority shall consult the persons making the proposals—

(a) as to whether the power given to the authority by subsection (2) should be exercised, and

(b) if the authority propose to exercise it, as to the date on which the arrangement should be made.

(4) If the proposals so published are for the school in question to be maintained as an aided school, the authority and the persons making the proposals shall consider—

(a) whether the power given to the authority by subsection (2) should be exercised, and

(b) where they agree that it should, on what date the arrangement should be made.

(5) Where, in a case within subsection (4), the authority and the persons making the proposals fail to agree on the question mentioned in paragraph (a) or on that mentioned in paragraph (b), either of them may refer the matter to the Secretary of State.

(6) On a reference under subsection (5), the Secretary of State shall give such direction as he thinks fit.

(7) An arrangement made under subsection (2) shall come to an end if—

(a) the proposals are withdrawn, or

(b) the Secretary of State rejects them under section 43.

(8) An arrangement made under this section, other than one which has been brought to an end under subsection (7), shall come to an end when the requirement for there to be an instrument of government for the school takes effect under section 99.