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New Schools (General) (England) Regulations 2003
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- UK Statutory Instruments
- 2003 No. 1558
- PART 7
- Regulation 53
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Making of instrument of government and constitution of the governing body
53.—(1) The local education authority shall secure that an instrument of government has been made for each new school in accordance with regulations 28 to 30 of the Constitution Regulations 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 temporary governing body conducting the new school.
(3) The local education authority shall secure that appointments or elections of governors required by the instrument of government for a new school take place in accordance with that instrument before the incorporation date and take effect from that date.
(4) For all other purposes, the instrument of government shall take effect from the date stated in it (“the incorporation date”).
(5) On the incorporation date the governing body of a new school shall be constituted under the instrument of government.
(6) The temporary governing body shall exercise their functions under the 1998 Act, the 2002 Act and under these Regulations in a manner calculated to enable the local education authority to fulfil their duties under this regulation.
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