(1)Where—
(a)the powers conferred by section 33 are exercisable by the Secretary of State in relation to a county or voluntary school, and
(b)he is of the opinion that the school should be conducted by a body corporate established under this section and that no suitable body corporate has been so established,
he may by order provide for the establishment of a body corporate under the name given in the order.
(2)Bodies corporate established under this section shall be known as “education associations.
(3)An education association shall consist of not less than five members appointed by the Secretary of State, one of whom shall be so appointed as chairman.
(4)Before making an order under this section in the case of a voluntary school, the Secretary of State shall consult—
(a)if it is a Church of England school, Church in Wales school or Roman Catholic Church school, the appropriate diocesan authority; and
(b)in any other case, the person who appoints the foundation governors.
(5)An education association—
(a)must include at least one member who appears to the Secretary of State—
(i)to have experience of, and to have shown capacity in, the provision of primary or secondary education, or
(ii)to have held, and shown capacity in, any position carrying responsibility for the provision of such education; and
(b)if the association conduct a school which was a voluntary school, must include at least one member who appears to the Secretary of State to have experience of, and to have shown capacity in, the provision of education in voluntary schools; and
(c)if the association conduct a special school, must include at least one member who appears to the Secretary of State to have experience of, and to have shown capacity in, providing for children with special educational needs;
but one person may satisfy the requirement in paragraph (a) as well as that in paragraph (b) or (c).
(6)Schedule 5 to this Act makes further provision with respect to education associations.
(7)Subject to the following provisions of this Part—
(a)references in any enactment to the governing body of any school, or to the foundation governors of any school, are to be read, in relation to a school conducted by an education association, as references to that association; and
(b)references in any enactment to the governors of any school are to be read, in relation to a school conducted by an education association, as references to the members of the association.
(8)Where an education association conduct more than one school, then, subject to the following provisions of this Part, any provision of an enactment which applies to schools shall apply separately in relation to each of the schools.