The Local Government Area Changes Regulations 1976

Education

23.—(1) The managers or governors of any school in any area transferred by the order shall (unless a new instrument of management or instrument of government is made for the school) remain in office until the date on which they would have retired if the order had not been made.

(2) (a) This paragraph shall apply where an area is transferred from the area of one local education authority to the area of another such authority and in this paragraph—

“the specified enactments” means sections 50, 61(2) and 81 of the Education Act 1944, section 6 of the Education (Miscellaneous Provisions) Act 1953 and sections 1 and 2 of the Education Act 1962;

“the transferor authority” means the local education authority from whose area the area is transferred; and

“the transferee authority” means the local education authority to whose area the area is transferred.

In the application of this paragraph to a county, district or London borough regulation 3(4) shall apply.

(b) Any instrument made by the transferor authority in connection with the discharge of any of their functions, and any other thing done by, to or in relation to such authority in connection therewith, shall in relation to the area transferred be treated as having been made by, or done by, to or in relation to, the transferee authority, and any instrument relating to the exercise of those functions, or to things done in their exercise, or to property held or maintained for the purposes of those functions, shall so far as it relates to such area have effect as if any reference to the transferor authority or their area were a reference to the transferee authority or their area.

This sub-paragraph does not extend to any byelaws or order to which paragraph (6) or (7) of regulation 62 applies.

(c) Where, in the case of any grant made before the appointed day under any of the specified enactments by the transferor authority in respect of a pupil who has not completed his course by the appointed day, the transferee authority would, if the changes of areas made by the order had been made at the date of the making of the grant, have been the appropriate authority to make it, it shall be the duty of such authority to make the remaining payments in pursuance of that grant, subject to the same conditions, if any, as to satisfactory work, financial need or other matters as were attached to the grant or as would be attached to the grant by such authority, whichever are the most favourable.