# The New Maintained Schools (Wales) Regulations 2005, Regulation 30: Conduct of the school before the school opening date


(1) Subject to paragraph (2), section 61 of the 1998 Act and sections 27 and 28 of, and Schedule 1 to, the 2002 Act apply in relation to a proposed school with the following modifications—
(a) references to a governing body are treated as references to a temporary governing body;
(b) references to a maintained school are treated as including a reference to a proposed maintained school;
(c) references to the instrument of government are treated as references to the instrument of government whether or not it has taken effect; and
(d) section 61(3)(b) and (7) of the 1998 Act and paragraph 2(2) and (3) of Schedule 1 to the 2002 Act do not apply.
(2) The temporary governing body of a proposed school which does not have a delegated budget may not exercise any of the powers set out in paragraph 3 (3)(b) to (f) of Schedule 1 to the 2002 Act (as modified) without the prior agreement in writing of—
(a) the local education authority in the case of a proposed school which will be a community, voluntary controlled, community special or foundation special school, a maintained nursery school or a foundation school proposals for the establishment of which were published by a local education authority; or
(b) the promoters in the case of a proposed school which will be a voluntary aided school or a foundation school, proposals for the establishment of which were published by promoters.

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Source: https://www.legislation.gov.uk/wsi/2005/2912/regulation/30 (the official version)
Page: https://openlegislation.uk/new-maintained-schools-wales-regulations-2005/regulation-30
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.