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Education (No. 2) Act 1986

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This is the original version (as it was originally enacted).

Section 67(5).

SCHEDULE 5Transitional Provisions

Instruments of government for certain existing schools

1(1)Section 1 of this Act shall not require the making of an instrument of government for any aided or special agreement school in respect of which there is in force, at the time when that section comes into force, and continues in force, an instrument under which its governing body is constituted; but this paragraph shall cease to apply to any such school if it is grouped with another school under section 9 of this Act.

(2)Any such instrument shall, after the commencement of section 1, be treated for the purposes of this Act as having been made by order under that section.

Grouping

2Where a local education authority propose to group two or more schools which are subject to an arrangement under section 3 of the 1980 Act (the " section 3 schools "), the references in subsections (5) and (6) of section 10 of this Act to the governing body of each of the schools concerned shall be construed as references to the persons deemed to be governors of the section 3 schools by section 3(7) of the 1980 Act.

Recommendations by outgoing governing bodies

3(1)The governing body for any county, controlled or maintained special school which is constituted under an instrument of government or arrangement in force immediately before section 1 of this Act comes into force shall recommend (with reasons) to any governing body who will succeed them persons who belong to the community served by the school and who are, in their opinion, suitable for appointment as co-opted members of their successor.

(2)Before making any recommendations under sub-paragraph (1) above, a governing body shall consult representatives of the local business community.

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