Regulation 49 Restrictions on delegation

(1)

The temporary governing body may not delegate to an individual functions relating to powers conferred and the duties imposed on temporary governing bodies by or under:

(a)

the local education authority’s scheme under section 48(1) of the 1998 Act, to the extent that it requires the temporary governing body to give their approval to the first formal budget plan of the financial year;

(b)

section 61(1) to (3) of the 1998 Act (School discipline policies); or

(c)

section 88, 89, 89A^f1, 90 (8) or 91^f2 of the 1998 Act, section 3(1)(cc) of the Diocesan Boards of Education Measure 1991^f3 (Determination of admission arrangements), section 90(1) of the 1998 Act (Decision to object to admission arrangements of another admissions authority), or section 94^f4 of the 1998 Act (in so far as it relates to the determination of appeal arrangements by the temporary governing body).

(2)

Except as provided by regulation 37, the temporary governing body may not delegate to an individual functions relating to powers conferred and duties imposed on it by or under Regulations made under section 52(3) and (4) of the 2002 Act (Exclusion of pupils)^f5.

(3)

The temporary governing body may not delegate to an individual any power of the temporary governing body to determine whether any child should be admitted to the school.

(4)

The temporary governing body may not delegate functions relating to powers conferred and the duties imposed on temporary governing bodies by or under:

(a)

regulations 19(2), 20(2), 21(2) and 22(2) (appointment of temporary sponsor governors or additional temporary foundation governors); or

(b)

regulation 39 (appointment of clerk).

Annotations

Footnotes

f1: Section 89A was inserted by section 47 of the 2002 Act.
f2: Section 91 was repealed by section 49 of the 2002 Act but continues to have effect in relation to any school year earlier than 2004-05 (see paragraph 7 of the Schedule to the Education Act 2002 (Commencement No. 2 and Savings and Transitional Provisions) Order 2002, SI 2002 No. 2439).
f3: No. 2 of 1991. Section 3(1)(cc) was inserted by paragraph 13 of Schedule 4 to the 2002 Act.
f4: Section 94 was amended by section 50 of the 2002 Act.
f5: See the Education (Pupil Exclusions and Appeals) (Maintained Schools) (England) Regulations 2002 (SI 2002/3178).