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

Temporary governing bodies

3.—(1) Local education authorities shall provide for schemes to cover proposed institutions to be established by them, and such schemes shall, subject to paragraph (2), provide for the delegation to the temporary governing body of any such proposed institution of the management of the institution’s budget share for any financial year before it becomes established, and during any period when such powers are delegated–

(a) sections 142, 143, 148, 149 and 150 of the Act shall have effect in relation to such delegation as if references to institutions and to governing bodies were references to proposed institutions and temporary governing bodies; and

(b) it shall be for the temporary governing body, and not the local education authority, to determine what staff (both full-time and part-time) are or will be required for the purposes of the proposed institution, and to select all such staff for appointment by the local education authority.

(2) The delegation referred to in paragraph (1) above shall only be required in the case of a proposed institution which the local education authority intend to have a full-time equivalent enrolment number for courses of further and higher education of two hundred or more when it is established.