The Education (Proposed Further and Higher Education Institutions) Regulations 1989

Temporary governing bodies

2.—(1) Sections 151 and 152 of the Act (which concern instruments and articles of government for maintained further and higher education institutions) shall have effect in relation to proposed institutions subject to the modifications that–

(a) any reference to an institution shall be treated as a reference to a proposed institution; and

(b) any reference to the governing body of an institution shall be treated as a reference to the temporary governing body of a proposed institution constituted in accordance with the provisions of those sections as modified by these Regulations and subject, in particular, to paragraph (3) below.

(2) The instrument and articles of government required for a proposed institution by those provisions as so modified shall be made by the local education authority not less than six months before the proposed date of establishment of the institution, or within one month of the authority’s decision to establish the institution, if later.

(3) The temporary governing body of a proposed institution shall be constituted by the local education authority as soon as is reasonably practicable, and in any event not more than two months after the approval by the Secretary of State of the instrument and articles of government thereof, and in accordance with the provisions of that instrument and those articles, but shall (notwithstanding those provisions) not include–

(a) representatives of persons who are to be staff of the proposed institution (other than the person who is to be the principal thereof);

(b) representatives of persons who are to be students of the proposed institution (referred to below as “prospective students”); or

(c) representatives of persons who are parents of prospective students.

(4) The quorum for any meeting of the temporary governing body shall, notwithstanding any provision in the instrument of government, be forty per cent. of the membership thereof, rounded to the nearest whole figure (fractions of half being rounded up).