Regulation 17 Restrictions on delegation

(1)

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

(a)

sections 28, 29, 30 and 31 of, and paragraph 5(4) of Schedule 6 to the 1998 Act (Alteration or discontinuance of maintained schools);

(b)

sections 28^f1 and 31 of the 1998 Act as they have effect by virtue of Regulations made under Schedule 8 to the 1998 Act in relation to proposals under that Schedule (Change of category of maintained schools);

(c)

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

(d)

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

(e)

sections 88, 89^f2, and 89A^f3 of the 1998 Act and section 3(1)(cc) of the Diocesan Boards of Education Measure 1991^f4(which relate to the determination of admission arrangements), section 90(1) of the 1998 Act (which relates to the reference to the schools adjudicator of objections about admission arrangements), or section 94^f5 of the 1998 Act (in so far as it relates to the determination of appeal arrangements by the governing body).

(2)

Except as provided by regulation 6, the 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)^f6;

(3)

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

(4)

The governing body may not delegate functions relating to powers conferred, and the duties imposed, on governing bodies by or under the Constitution Regulations save as provided in those Regulations.

Annotations

Footnotes

f1: Amended by section 154 of the 2002 Act.
f2: Amended by paragraph 5 of Schedule 4 to the 2002 Act.
f3: Inserted by section 47(2) of the 2002 Act. Note also that section 93 and Schedule 23 to the 1998 Act are repealed by the 2002 Act.
f4: SI 1991 No.2, as amended by paragraph 14 of Schedule 4 to the 2002 Act.
f5: Amended by section 50 of, and paragraph 8 of Schedule 4 to the 2002 Act.
f6: See the Education (Pupil Exclusions and Appeals) (Maintained Schools) (England) Regulations 2002 SI 2002/3178.