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Regulation 13 The transitional governing body

Original text. Later amendments are not shown.

(1)

The temporary governing bodyf1 shall continue in existence until the later of—

(a)

the appointed day;

(b)

midnight on the actual incorporation date;

(c)

fulfilment of their obligations under these Regulations and completion of any transfers required by regulations 22 to 25;

as constituted immediately before the appointed day, subject to this regulation.

(2)

In this regulation, “the relevant provisions” means:

(a)

the provisions of the 1996 Act relating to the composition of temporary governing bodies, and qualification and disqualification of temporary governors;

(b)

any regulations in force under those provisions immediately before the appointed day; and

(c)

any arrangement under section 96 or 97 of the 1996 Act in force immediately before the appointed day.

(3)

The relevant provisions shall have effect for the purpose of determining the composition of the transitional governing body from time to time and the circumstances in which a person is qualified or disqualified for office as a member of the transitional governing body.

(4)

For the purposes of this Part, the temporary governing body as constituted under this regulation on and after the appointed day shall be referred to as the transitional governing body.

(5)

In any case where the governing body of a new LEA maintained school are not constituted under the instrument of government before the appointed day, from the appointed day until midnight on the actual incorporation date, the transitional governing body shall be treated for the purposes of the Education Acts as if they were a temporary governing body constituted under section 44 of the 1998 Act, except in so far as provision is made in relation to the transitional governing body and the constitution of a permanent governing body under an instrument of government under this Part.

Annotations

Footnotes

f1

See the Education (Government of New Schools on Transition to New Framework) Regulations 1998 S.I. 1998 No. 3097.