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5.—(1) Subject to paragraph (3), a local education authority shall secure that, by 1st June 1999, an instrument of government has been made in accordance with Schedule 12 to the 1998 Act(1) for each school which will be maintained by them on the appointed day.
(2) Paragraph (3) applies in the case of a grant-maintained or grant-maintained special school which will be, or a former grant-maintained or grant-maintained special school which is, maintained by a local education authority on the appointed day, where a determination by the Secretary of State as to the school’s new category required by paragraph 7(2) of Schedule 2 to the 1998 Act has not been made on or before 7th May 1999.
(3) In any case to which this paragraph applies, the Secretary of State shall notify the local education authority of the date on which he makes the determination required by paragraph 7(2) of Schedule 2 to the 1998 Act and the local education authority shall secure that, by the end of a 3 months period beginning on the date of the determination, an instrument of government has been made in accordance with Schedule 12 to the 1998 Act(2) for the school.
(4) The instrument of government shall take effect from the date of making for the purpose of reconstituting the governing body but, except in so far as required by regulation 18(2)(a), shall not affect the constitution of the governing body conducting the school pending full reconstitution under the instrument of government.
(5) For all other purposes, the instrument of government shall take effect—
(a)if made before the appointed day, from the appointed day; or
(b)if made on or after the appointed day, from the date of making.
(6) The current governing body, or, where the instrument of government is not made before the appointed day, the transitional governing body, shall exercise their functions under the 1998 Act and under these Regulations in a manner calculated to enable the local education authority to fulfil their duties under this regulation and under regulation 20.
As modified by regulation 6 of these Regulations.
As modified by regulation 6 or 7 of these Regulations depending on whether the instrument is made before or on or after the appointed day.
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