{
  "url": "https://openlegislation.uk/education-school-government-transition-to-new-framework-regulations-1998/regulation-19",
  "json_url": "https://openlegislation.uk/education-school-government-transition-to-new-framework-regulations-1998/regulation-19.json",
  "legislation": "uksi/1998/2763",
  "legislation_title": "The Education (School Government) (Transition to New Framework) Regulations 1998",
  "legislation_url": "https://openlegislation.uk/education-school-government-transition-to-new-framework-regulations-1998",
  "path": "regulation/19",
  "kind": "regulation",
  "number": "19",
  "heading": "Instrument of government not made before the appointed day: transitional governing body",
  "text": "(1) In cases where the instrument of government for a maintained school which was a current school is not made before the appointed day, the governing body shall continue from that day (pending reconstitution under the instrument of government) as constituted immediately before that day, subject to and in accordance with paragraphs (2) to (4).\n(2) In this regulation, “the relevant provisions” means—\n(a) the provisions of the 1996 Act relating to the composition of governing bodies, disqualification of governors and instruments of government; and\n(b) any regulations and instruments of government in force under those provisions (or as if made under those provisions) immediately before the appointed day.\n(3) The relevant provisions shall have effect for the purpose of determining the composition of the transitional governing body and the circumstances in which a person is disqualified for office as a member of the transitional governing body, but subject to the modifications in paragraph (4).\n(4) For this purpose, the relevant provisions shall have effect as if—\n(a) any such instrument of government were required to provide and did provide for the local education authority to appoint the minimum number of governors required to be appointed by the local education authority by Schedule 9 to the 1998 Act for a school of the category to which the school is allocated by or under Schedule 2 to the 1998 Act (taking account of whether the school is a primary, secondary or special school and the number of pupils registered at the school), if this is more than the number of such governors required by that instrument of government;\n(b) subject to any appointments required by sub-paragraph (a), they provided that no new appointments shall be made of governors under those provisions.\n(5) For the purposes of these Regulations the governing body as constituted under paragraphs (2) to (4) shall be referred to as the transitional governing body.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [
    {
      "type": "amended",
      "affecting": "uksi/1999/362",
      "affecting_title": "The Education (Transition to New Framework) (New Schools, Groups and Miscellaneous) Regulations 1999"
    }
  ],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/1998/2763/regulation/19",
    "retrieved_at": "2026-10-29T11:15:54.764334+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}