Education Act 2002

Dissolution of governing body E+W

5 (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 (in relation to England) or the National Assembly for Wales (in relation to Wales) may specify by order made before the discontinuance date.

[F1 (1A) Sub-paragraph (1) does not apply if—

(a) the school is a federated school in England, and

(b) immediately after the discontinuance date, there will be more than one other school remaining in the federation.

(1B) “Federation” and “federated school” have the meanings given by section 24(2).]

[F2 (2) In this paragraph “the discontinuance date” means—

(a) in relation to a school in England, whichever of the following is relevant—

(i) the date on which proposals for discontinuing the school are implemented under Part 3 of Schedule 2 to the Education and Inspections Act 2006 F3 ...,

(ii) the date on which the school is discontinued under section 30 of the 1998 Act, F4 ...

(iii) the date specified in a direction given under section 17(1) or 68(1) of the Education and Inspections Act 2006[F5 , or

(iv) the date on which a local authority are required to cease to maintain the school under section 6(2) of the Academies Act 2010;]

(b) in relation to a school in Wales, whichever of the following is relevant—

(i) the date on which proposals for discontinuing the school are implemented under Part 3 of Schedule 6 to the 1998 Act or under Schedule 7 or 7A to the Learning and Skills Act 2000,

(ii) the date on which the school is discontinued under section 30 of the 1998 Act, or

(iii) the date specified in a direction given under section 19(1) or 32(1) of the 1998 Act.]

Textual Amendments

F1 Sch. 1 para. 5(1A)(1B) inserted (1.9.2012) by Education Act 2011 (c. 21), ss. 39, 82(3); S.I. 2012/1087, art. 3

F2 Sch. 1 para. 5(2) substituted (25.5.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 3 para. 48; S.I. 2007/935, art. 7(o)

F3 Words in Sch. 1 para. 5(2)(a)(i) repealed (1.4.2010) by The Apprenticeships, Skills, Children and Learning Act 2009 (Consequential Amendments) (England and Wales) Order 2010 (S.I. 2010/1080), art. 1(2)(a)(b), Sch. 1 para. 49, Sch. 2 Pt. 1 (with art. 2(3))

F4 Word in Sch. 1 para. 5(2)(a) omitted (29.7.2010) by virtue of Academies Act 2010 (c. 32), s. 19(2), Sch. 2 para. 15; S.I. 2010/1937, art. 2, Sch. 1

F5 Sch. 1 para. 5(2)(a)(iv) and word inserted (29.7.2010) by Academies Act 2010 (c. 32), s. 19(2), Sch. 2 para. 15; S.I. 2010/1937, art. 2, Sch. 1

Modifications etc. (not altering text)

C1 Sch. 1 applied (with modifications) (31.10.2005) by The New Maintained Schools (Wales) Regulations 2005 (S.I. 2005/2912), regs. 1(1), 31

C2 Sch. 1 applied (with modifications) (31.10.2005) by The New Maintained Schools (Wales) Regulations 2005 (S.I. 2005/2912), regs. 1(1), 30(1) (with reg. 30(2))

Commencement Information

I1 Sch. 1 para. 5 partly in force; Sch. 1 para. 5 not in force at Royal Assent, see s. 216; Sch. 1 para. 5 in force for E. at 1.10.2002 by S.I. 2002/2439, art. 3 (with transitional provisions and savings in art. 4, Sch.)

I2 Sch. 1 para. 5 in force at 31.10.2005 for W. by S.I. 2005/2910, art. 4, Sch.