PART 2Arrangements for the Incorporation of Temporary Governing Bodies

Arrangements made in anticipation of approval of proposals5.

(1)

Where any proposals to establish a maintained school have been published under any enactment9, the local education authority may make arrangements under section 34 of the 2002 Act in anticipation of approval of the proposals10 or in anticipation of a determination by the authority that the proposals should be implemented11.

(2)

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

(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 promoters 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)

Where in a case falling within paragraph (3) the local education authority and the promoters fail to agree on the question referred to in sub-paragraph (a) or on that referred to in sub-paragraph (b), either of them may refer the matter to the National Assembly for Wales and on a reference under this paragraph the National Assembly for Wales must give such direction as it thinks fit.