OpenLegislation

Regulation 38 Elections

Original text. Later amendments are not shown.

Regulation 19 shall also apply in relation to the election of governors referred to in regulation 35(1) but in regulation 19 for this purpose—

(a)

paragraph (1) shall be omitted;

(b)

there shall be substituted for paragraph (2)—

“(2)

Subject to paragraph (4), in this regulation “appropriate authority” means—

(a)

in relation to a new GM school which is a community or voluntary controlled school, the local education authority, and

(b)

in relation to a new GM school which is a voluntary aided or foundation school, the GM transitional governing body.”;

(c)

there shall be substituted for paragraph (4)—

“(4)

The local education authority shall be the appropriate authority in relation to a school within paragraph (2)(b), if the GM transitional governing body and the local education authority so agree.”; and

(d)

for paragraph (11) there shall be substituted:

“(11)

Where a local education authority are the appropriate authority, that authority shall exercise their functions under this regulation in a manner calculated to enable the GM transitional governing body to fulfil their duty under regulation 35(1)”.