The Education (Transition to New Framework) (New Schools, Groups and Miscellaneous) Regulations 1999

Time limit for making the instrument of government

42.—(1) A local education authority shall secure that, before the appointed day, an instrument of government has been made in accordance with Schedule 12 to the Act 1998(1) for each grouped school which will be maintained by them on the appointed day.

(2) Paragraphs (1), (4) and (5) of this regulation and regulations 43 to 48 and 51 to 56 do not apply in relation to a grouped school if—

(a) proposals to discontinue the school have been approved under section 169 or 340 of the 1996 Act or under paragraph 3 or 8 of Schedule 6 to the 1998 Act, or

(b) the local education authority have determined under section 170 of the 1996 Act or under paragraph 4 or 9 of the 1998 Act to implement the proposals to discontinue the school,

and in either case the date on which the proposals, as approved or determined, are to be implemented is on or before 1st January 2000.

(3) In paragraph (2) references to proposals are to proposals with any modifications made under section 169 or 340(4) of the 1996 Act or paragraph 3 or 8 of Schedule 6 to the 1998 Act (but disregarding any modifications made under section 171 or 340(5) of the 1996 Act or paragraph 5 or 10 of Schedule 6 to the 1998 Act).

(4) (a) 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 school pending constitution of the new governing body under the instrument of government.

(b) For all other purposes, the instrument of government shall take effect—

(i) if made before the appointed day, from the appointed day; or

(ii) if made (in default of the duty in paragraph (1)) on or after the appointed day, from the date of making.

(5) The grouped 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.

(1)

As modified by regulation 43.