Education Act 1996

19(1)Subject to paragraphs 20 to 24, section 136 or (as the case may be) section 137 (staffing of county or voluntary schools with delegated budgets) shall apply to a new school which on implementation of the relevant proposals will be a school of a category to which that section applies not only at any time when (by virtue of Schedule 12) the new school has a delegated budget but also at any time when it has a temporary governing body and sub-paragraph (2) or (3) is satisfied.E+W

(2)This sub-paragraph is satisfied if the delegation requirement under the scheme will apply to the school on or before the implementation of the relevant proposals.

(3)This sub-paragraph is satisfied if the [F1local authority] propose to exercise any power under the scheme to delegate the management of the school’s budget share for a financial year by making such a delegation—

(a)to the temporary governing body before the implementation of the relevant proposals, or

(b)to the governing body of the school on implementation of those proposals.

(4)Paragraphs 6 to 12 of this Schedule shall not apply in relation to a new school to which section 136 for the time being applies.

(5)Paragraphs 14 to 16 of this Schedule shall not apply in relation to a new school to which section 137 for the time being applies.