Making of instrument of government
31.—(1) The local education authority shall secure that an instrument of government has been made for each new school in accordance with Schedule 12 to the 1998 Act(1) before the school opening date.
(2) The instrument of government shall take effect from the date of making for the purpose of constituting the governing body but shall not affect the constitution or name of the governing body conducting the new school pending constitution of the permanent governing body under the instrument of government.
(3) For all other purposes, the instrument of government shall take effect from the school opening date.
(4) The temporary 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.
As modified by regulation 32 of these Regulations.