Regulation 48 Restrictions on delegation

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

reg. 48(4)(a) omitted by School Governance 2015 reg. 3(21)
reg. 48 words substituted by Local Education Authorities and Children’s Services Authorities (Integration of Functions) (Local and Subordinate Legislation) 2010 Sch. 2 para. 15(8)
reg. 48(2) words substituted by School Discipline (Pupil Exclusions and Reviews) 2012 Sch. 2 para. 6

(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 SSFA 1998, 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 88 of EIA 2006 (Responsibility of governing bodies for discipline); or

(c)

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

(2)

Except as provided by regulation 36, the temporary governing body may not delegate to an individual functions relating to powers conferred and duties imposed on them by or under Regulations made under section 52(3) and (4) of EA 2002 (Exclusion of pupils)^f4.

(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 16(2), 17(2), 18(2), 19(2), 20(2) and 21(2) (appointment of temporary sponsor governors or further temporary foundation governors);

(b)

regulation 38 (appointment of clerk); or

(c)

regulation 46 (suspension of temporary governors).

Annotations

Footnotes

f1: Section 89A was inserted by section 47 of EA 2002, section 89D was inserted by section 46 of EIA 2006, section 90(8) was substituted by section 47(4) of EIA 2006 and section 90A was inserted by section 47(3) of EIA 2006.
f2: No. 2 of 1991. Section 3(1)(cc) was inserted by paragraph 13 of Schedule 4 to EA 2002.
f3: Section 94 was amended by section 50 of EA 2002.
f4: See the Education (Pupil Exclusions and Appeals) (Maintained Schools) (England) Regulations 2002 (SI 2002/3178).