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33. Any provision of these Regulations or Schedule 2 to the 2002 Act which applies in relation to a proposed school as a result of this Part has effect for that purpose as if—
(a)any reference to a “governing body” were a reference to a temporary governing body, and
(b)any reference to a “governor” were a reference to a temporary governor.
34. Where a proposed school which will be a community, voluntary controlled, community special or maintained nursery school has a delegated budget(1), regulations 4 to 7, 9 and 11 to 18 apply.
35. Where a proposed school which will be a foundation, voluntary aided or foundation special school has a delegated budget, regulations 4 to 7, 9 and 20 to 27 apply.
36. Where a proposed school which will be a community, voluntary controlled, community special or maintained nursery school does not have a delegated budget, Part 1 of Schedule 2 to the 2002 Act applies.
37. Where a proposed school which will be a foundation, voluntary aided or foundation special school does not have a delegated budget, Part 2 of Schedule 2 to the 2002 Act applies.
See section 49(2) and (3) of the 1998 Act as to whether a school has a delegated budget. A school having a delegated budget is defined by section 39(2) of the 2002 Act.
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