Section 34 Incorporation of governing body.C1

England and Wales

C2(1)

Where any proposals are approved under section 33 of this Act, then—

(a)

the persons who, immediately before the proposals are approved, are named in them as initial governors, and

(b)

the existing head teacher (as a governor ex officio),

shall on that date be incorporated as the governing body of the school under the name given in pursuance of paragraph 4(1)(g) of Schedule 3 to this Act.

(2)

Where any proposals are approved under section 33 of this Act, then, in relation to the period beginning with the incorporation date and ending immediately before the date of implementation of the proposals—

(a)

the governing body incorporated under this section are referred to in this Part of this Act as the “new governing body”, and

(b)

any reference in any enactment or instrument or document to the governing body of the school, other than an express reference to the new governing body or the governing body incorporated under this section or a reference in Chapter V, shall be read as a reference to the existing governing body, not the new governing body.

(3)

On the date of implementation of the proposals—

(a)

the local education authority whose duty it was immediately before that date to maintain the school as a county or voluntary school shall cease to have that duty, and

(b)

any special agreement relating to the school shall cease to have effect.

Annotations

Modifications

C1: Ss. 33-34 applied (with modifications) (1.4.1994) by S.I. 1994/653, regs. 2(2), 6(1)(3)(4)
C2: S. 34(1)(2) applied (1.5.1994) by S.I. 1994/1041, reg. 35(1)

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F1: Act repealed (1.11.1996) by 1996 c. 56, ss. 582(2)(3), 583(2), Sch. 38 Pt.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)

Notes on Chapter II

Modifications

C1: Pt. II Chapter II (ss. 23-37) modified (1.5.1994) by S.I. 1994/1041, reg. 17(2)(a)