OpenLegislation

Regulation 40 Delegation of functions to the chair or vice-chair in cases of urgencyI1C1

England and Wales

(1)

The chair may, where in his or her opinion the circumstances mentioned in paragraph (2) apply, exercise any function of the governing body which can be delegated under regulation 50(1).

(2)

The circumstances are that a delay in exercising the function would be likely to be seriously detrimental to the interests of—

(a)

the school;

(b)

any pupil at the school, or his or her parent; or

(c)

a person who works at the school.

(3)

In paragraph (2), “delay” (“oedi”) means delay for a period extending beyond the earliest date on which it would be reasonably practicable for a meeting of the governing body, or of a committee to which the function in question has been delegated, to be held.

(4)

Where it appears to the vice-chair that—

(a)

the circumstances mentioned in paragraph (2) apply, and

(b)

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

the reference in paragraph (1) to the chair is to be read as if it were a reference to the vice-chair.

Annotations

Modifications

C1

Pt. 7 applied (with modifications) (31.10.2005) by The New Maintained Schools (Wales) Regulations 2005 (S.I. 2005/2912), regs. 1(1), 37 (with regs. 3(3), 38, 39)

Commencement

I1

Reg. 40 in force at 31.10.2005, see reg. 1(1)