Section 36(2).
1(1)In the following paragraphs of this Schedule “the governing body” means the governing body of a maintained school incorporated under section 36(1).
(2)Where an existing school (other than a grouped school) becomes a maintained school on the appointed day in accordance with Schedule 2, the governing body of the school—
(a)shall continue in existence as a body corporate; and
(b)shall so continue in existence as if incorporated under section 36(1);
but as from that day the governing body shall (subject to regulations under sub-paragraph (3) or (4)) conform with Part II of Schedule 9.
(3)For the purposes of sub-paragraph (2) the governing body of each such existing school shall (subject to regulations under sub-paragraph (4)) be reconstituted under the instrument of government required by paragraph 6 of Schedule 12 before the appointed day; and regulations may make such provision as the Secretary of State considers necessary or expedient in connection with the reconstitution of a governing body in pursuance of this sub-paragraph.
(4)Regulations may, in relation to cases where—
(a)the instrument of government required by paragraph 6 of Schedule 12 in the case of an existing school within sub-paragraph (2) above is not made before the appointed day, or
(b)the governing body of such a school are not reconstituted before that day,
make such provision as the Secretary of State considers necessary or expedient in connection with any of the following matters, namely—
(i)the making of such instruments of government on or after that day,
(ii)the reconstitution of governing bodies on or after that day, and
(iii)the existence of such bodies on and after that day pending their reconstitution at some later date.
(5)Regulations may, in relation to existing schools which are grouped schools, make such provision as the Secretary of State considers necessary or expedient in connection with the transition of such schools from being grouped under a single governing body to having their own governing bodies constituted under instruments of government made in accordance with Schedule 12.
(6)If the instrument of government required by paragraph 6 of Schedule 12 is not made before the appointed day in the case of an existing school, the following requirements, namely—
(a)the requirements of paragraph 2(1) below as to the name of the governing body, and
(b)the requirements of section 37(3) as to the name of the school,
shall not apply until such time as that instrument of government is made.
(7)In this paragraph “existing school” means (subject to sub-paragraph (8))—
(a)a county, controlled, aided or special agreement school or a maintained special school, or
(b)a grant-maintained or grant-maintained special school,
within the meaning of the M1Education Act 1996; and “grouped school” means a school grouped under section 89 or 280 of that Act.
(8)A school is not an existing school for the purposes of this paragraph if immediately before the appointed day—
(a)in the case of a school within paragraph (a) of sub-paragraph (7), it has a temporary governing body, or
(b)in the case of a school within paragraph (b) of that sub-paragraph, it has a governing body but it has not yet opened;
and for this purpose a school “opens” on the date when it first admits pupils.
(9)Regulations may make such provision as the Secretary of State considers necessary or expedient in connection with the transition of—
(a)any such school as is mentioned in sub-paragraph (8)(a) or (b), or
(b)any proposed school which would be a school within sub-paragraph (7)(a) and which has, or is required to have, a temporary governing body,
to a school with a governing body constituted under an instrument of government made in accordance with Schedule 12.
(10)Regulations under any provision of this paragraph may, in connection with any matters falling within that provision—
(a)modify any provision made by or under this Part of this Act;
(b)apply any such provision with or without modifications;
(c)make provision corresponding or similar to any such provision;
(d)provide for the continued application of any provision made by or under any of the Education Acts with or without modifications.
Marginal Citations
2(1)The governing body shall be known as “The governing body of . . .” with the addition of the name of the school as for the time being set out in the school’s instrument of government.
(2)The application of the seal of the governing body must be authenticated by the signature—
(a)of the chairman of the governing body, or
(b)of some other member authorised either generally or specially by the governing body to act for that purpose,
together with the signature of any other member.
(3)Every document purporting to be an instrument made or issued by or on behalf of the governing body and—
(a)to be duly executed under the seal of the governing body, or
(b)to be signed or executed by a person authorised by the governing body to act in that behalf,
shall be received in evidence and be treated, without further proof, as being so made or issued unless the contrary is shown.
3(1)The governing body may do anything which appears to them to be necessary or expedient for the purposes of, or in connection with, the conduct of the school.
(2)The governing body may in particular—
(a)borrow such sums as the governing body think fit and, in connection with such borrowing, grant any mortgage, charge or other security over any land or other property of the governing body;
(b)acquire and dispose of land and other property;
(c)enter into contracts;
(d)invest any sums not immediately required for the purposes of carrying on any activities they have power to carry on;
(e)accept gifts of money, land or other property and apply it, or hold and administer it on trust, for any of those purposes; and
(f)do anything incidental to the conduct of the school.
(3)The power to borrow sums and grant security mentioned in sub-paragraph (2)(a) may only be exercised with the written consent—
(a)of the Secretary of State, or
(b)if an order under sub-paragraph (4) so provides, of the local education authority;
and any such consent may be given for particular borrowing or for borrowing of a particular class.
(4)The Secretary of State may by order make provision for his function of giving consent under sub-paragraph (3) to be instead exercisable—
(a)in the case of all maintained schools, or
(b)in the case of any class of such schools specified in the order,
by the local education authorities by whom those schools are maintained.
(5)In exercising that function those authorities shall comply with any directions contained in an order made by the Secretary of State.
(6)Where the school is a foundation, voluntary aided or foundation special school, the power to enter into contracts mentioned in sub-paragraph (2)(c) includes power to enter into contracts for the employment of teachers and other staff; but no such contracts may be entered into by the governing body of a community, voluntary controlled or community special school.
(7)Sub-paragraphs (1) and (2) have effect subject to—
(a)any provisions of the school’s instrument of government; and
(b)any provisions of a scheme under section 48 which relates to the school.
Modifications etc. (not altering text)
C1Sch. 10 para. 3 extended (1.9.1999) by S.I. 1999/2243, reg.54.
Sch. 10 para. 3 applied (with modifications) (1.9.1999) by S.I. 1999/2243, reg. 55(3).
Sch. 10 para. 3 applied (1.9.1999) by S.I. 1999/2262, reg. 54.
Sch. 10 para. 3 applied (with modifications) (1.9.1999) by S.I. 1999/2262, reg. 55(3).
4(1)If the school is discontinued, the governing body are dissolved by virtue of this paragraph—
(a)on the discontinuance date, or
(b)on such later date as the Secretary of State may specify by order made before the discontinuance date.
(2)In this paragraph “the discontinuance date” means—
(a)the date when proposals for discontinuing the school are implemented under Part III of Schedule 6,
(b)the date when the school is discontinued under section 30, or
(c)the date specified in a direction given under section 19(1) or 32(1),
as the case may be.