Section 112 Winding up.C1

England and Wales

(1)

An order under section 111 of this Act may set out a proposed timetable for the winding up of the governing body and, in particular, for—

(a)

securing that all property belonging to the governing body or held by any trustees on trust for the purposes of the school is brought into the custody or control of that body or those trustees (as the case may require),

(b)

discharging any liabilities of the governing body,

(c)

making any provision mentioned in subsection (2) below, and

(d)

the preparation and audit of the governing body’s final accounts.

(2)

The provision referred to in subsection (1)(c) above is provision authorised to be made—

(a)

by section 114 of this Act (for or in connection with the transfer of the school property), or

(b)

by section 115 of this Act (in respect of the discharge of the liabilities of the governing body).

(3)

An order under section 111 of this Act may make provision as to the exercise of the governing body’s functions in relation to the school including, in particular—

(a)

provision requiring the governing body in the exercise of those functions to comply with any directions given by the Secretary of State,

(b)

provision authorising any of those functions to be exercised by a member of the governing body specified in the order, and

(c)

provision for the application of the seal of the governing body to be authenticated by the signature of a person specified in the order.

(4)

An order under section 111 of this Act—

(a)

may make provision for conferring or imposing functions on the governing body in relation to the winding up and the management and disposal of the school property, and

(b)

may require the governing body to give to persons employed by them notice terminating their contracts of employment as from a date specified in the order.

(5)

Subject to subsection (6) below, an order under section 111 of this Act may appoint a date on which the governing body are to be dissolved.

(6)

The Secretary of State shall not appoint a dissolution date unless he is satisfied that—

(a)

all liabilities of the governing body (other than any section 105 loan liabilities which fall to be transferred or terminated under section 115 of this Act) have been discharged,

(b)

all costs of the winding up have been met,

(c)

any provision authorised by any of sections 114 to 116 of this Act which is possible and expedient in the circumstances of the case has been made, and

(d)

anything required to be done by the governing body for the purposes of or in connection with any such provision has been done.

Annotations

Modifications

C1: Ss. 109-116 applied (with modifications) (1.4.1994) by S.I. 1994/653, regs. 2(2), 33

Notes on the whole Act

Textual amendments

F1: Act repealed (1.11.1996) by 1996 c. 56, ss. 582(2)(3), 583(2), Sch. 38 Pt. I (with savings in ss. 1(4), 561, 562, Sch. 39); Sch. 13 paras. 6, 7 as saved continued (1.9.1999) by S.I. 1999/2267, reg. 2(2); and s. 154(4) expressed to be amended (11.9.1998) by 1998 c. 18, ss. 54(1), 55(2), Sch. 3 para. 25 (which amendment fell (1.4.1999) by reason of the repeal of the said Sch. 3 para. 25 by 1998 c. 31, s. 140(3), Sch. 31; S.I. 1999/1016, art. 2(1), Sch. 1)