Regulation 18 Instrument of government made but governing body not reconstituted before the appointed day: transitional governing body and reconstitution

(1)

This regulation applies in cases where the instrument of government for a maintained school which was a current school is made before the appointed day, but the governing body are not fully reconstituted before that day.

(2)

In any case to which this regulation applies, from the appointed day until reconstitution of the governing body under the instrument of government—

(a)

the governing body shall continue as partially reconstituted under the instrument of government in accordance with regulations 12 to 17;

(b)

the governing body so constituted shall secure that further appointments or elections of governors required by the instrument of government are made under regulations 15(2) to 17 (subject to the modifications in paragraphs (3) and (4)) and Schedules 3, 4 and 5 so that the governing body are reconstituted before 1st January 2000;

(c)

the governing body as constituted under sub-paragraph (a) shall, for the purposes of these Regulations, be referred to as the transitional governing body.

(3)

For the purposes of paragraph (2)(b), regulation 15(2) and (3) shall apply as if—

(a)

the words “paragraph (2)(b) of regulation 18” were substituted for “paragraph (1)” in both places where that reference occurs;

(b)

references to the current governing body were references to the transitional governing body.

(4)

For the purposes of paragraph (2)(b), regulation 16 shall be modified as follows—

(a)

for paragraph (1) of regulation 16 there shall be substituted the following—

“The following paragraphs apply in relation to the appointment or election of governors required by regulation 18(2)(b)”; and

(b)

the provisions of regulation 16(2) to (9) shall apply as if—

(i)

references to the current school were references to the maintained school;

(ii)

references to the current governing body were references to the transitional governing body; and

(iii)

the words “within the meaning of the 1996 Act” were omitted in both places where they occur.