Section 16 Pre-commencement applications etc

(1)

Subsection (2) applies if, before the commencement date, the governing body of a maintained school in England make an application to the Secretary of State which, if it had been made on or after that date, would have been an application under section 3.

(2)

The application is to be treated as an application under that section.

(3)

Subsection (4) applies if, before the commencement date—

(a)

steps are taken by the governing body of a foundation or voluntary school that has a foundation, and

(b)

if section 3 had been in force, those steps would have satisfied the requirement of section 3(3) (consultation of foundation).

(4)

The steps are to be treated as satisfying that requirement.

(5)

Subsection (6) applies if, before the commencement date—

(a)

consent to an application by a governing body is given, and

(b)

if section 3 had been in force, the consent would have satisfied any requirement of section 3(4) (consent of trustees and persons appointing foundation governors).

(6)

The consent is to be treated as satisfying that requirement.

(7)

In this section “the commencement date” means the date on which section 3 comes into force.

Notes on the whole Act

Textual amendments

F1: Ss. 1A-1D inserted (1.2.2012 for specified purposes, 1.4.2012 in so far as not already in force) by Education Act 2011 (c. 21), ss. 53(7), 82(3); S.I. 2012/84, art. 3; S.I. 2012/924, art. 2