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Paragraph 40 Delegation of functions to the Chairman and Vice-chairman in cases of urgency

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

Subject to sub-paragraph (4) below, the Chairman shall have power, where in his opinion the circumstances mentioned in sub-paragraph below apply, to exercise any function of the Governing Body (other than a function delegated by them to a member or a committee of the Governing Body in accordance with paragraph 37 above or the articles of government for the School).

(2)

The circumstances are that a delay in exercising the function would be likely to be seriously detrimental to the interests of the School, or to the interests of any registered pupil at the School or his parent, or a person employed to work at the School.

(3)

In sub-paragraph (2) above, “a delay” means a delay for a period extending beyond the day preceding the earliest date on which it would be reasonably practicable for a meeting of the Governing Body to be held.

(4)

Where it appears to the Vice-chairman that—

(a)

the circumstances mentioned in sub-paragraph (2) apply, and

(b)

that the Chairman (whether by reason of a vacancy in his office or otherwise) would be unable to exercise the function in question before the detriment referred to in that sub-paragraph is suffered,

the reference in sub-paragraph (1) above to the Chairman shall have effect as if it were a reference to the Vice-chairman.