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3. Without prejudice to section 39(10) of the 1988 Act (discretionary delegation of management of school’s budget share), a scheme shall not be required to include provision for requiring the delegation by the local education authority concerned of the management of—
(a)the budget share of any special school to the governing body of that school; or
(b)the budget share of any new school which will be a special school to the temporary governing body of that school.
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