PART 2Arrangements for the Incorporation of Temporary Governing Bodies

Arrangements made in anticipation of approval of proposals5

1

Subject to paragraph (4) below, where any proposals to establish a maintained school have been published under section 7, 10 or 11 of EIA 2006, the local education authority may make arrangements in anticipation of approval of the proposals9.

2

If proposals are to establish a voluntary controlled school, the local education authority must consult the proposers—

a

as to whether the power given to the local education authority in paragraph (1) above should be exercised; and

b

if the local education authority proposes to exercise it, as to the date on which the arrangements should be made.

3

If proposals are to establish a voluntary aided or foundation school, the local education authority and the proposers must consider—

a

whether the power given to the local education authority in paragraph (1) above should be exercised; and

b

where they agree that it should, on what date the arrangements should be made.

4

If two or more sets of proposals for the establishment of a maintained school have been published, the local education authority must not exercise the power given to it in paragraph (1) above.