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Children, Schools and Families Act 2010
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5Power to form company to establish Academy, etcE+W
This section has no associated Explanatory Notes
(1)The governing body of a maintained school in England may—
(a)form, or participate in forming, a company to enter into [F1Academy arrangements ], and
(b)do anything which appears to them to be necessary or expedient in connection with a proposal that [F2Academy arrangements] be entered into with a company formed (or proposed to be formed) by them under paragraph (a).
References in this subsection to a company are to a company registered under the Companies Act 2006 as a company limited by guarantee.
(2)The governing body of a maintained school in England—
(a)may be a member of a company which they have formed, or participated in forming, under subsection (1)(a), and
(b)may be a member of a company which is not within paragraph (a) but which is party to [F3Academy arrangements ].
(3)The power conferred by subsection (1)(b) includes, in particular, power—
(a)to incur expenditure;
(b)to enter into arrangements or agreements with any person.
(4)This section is not to be read as limiting any powers that the governing body of a maintained school have otherwise than by virtue of this section.
(5)In this section “maintained school” means a community, foundation or voluntary school or a community or foundation special school.
Textual Amendments
F1Words in s. 5(1)(a) substituted (29.7.2010) by Academies Act 2010 (c. 32), s. 19(2), Sch. 2 para. 26(2)(a); S.I. 2010/1937, art. 2, Sch. 1
F2Words in s. 5(1)(b) substituted (29.7.2010) by Academies Act 2010 (c. 32), s. 19(2), Sch. 2 para. 26(2)(b); S.I. 2010/1937, art. 2, Sch. 1
F3Words in s. 5(2)(b) substituted (29.7.2010) by Academies Act 2010 (c. 32), s. 19(2), Sch. 2 para. 26(3); S.I. 2010/1937, art. 2, Sch. 1
Commencement Information
I1S. 5 in force at 19.7.2010 by S.I. 2010/1817, art. 2
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