PART 6General Conduct of New Schools
Conduct of the school before the school opening date30
1
Subject to paragraph (2), section 61 of the 1998 Act and sections 27 and 28 of, and Schedule 1 to, the 2002 Act apply in relation to a proposed school13 with the following modifications—
a
references to a governing body are treated as references to a temporary governing body;
b
references to a maintained school are treated as including a reference to a proposed maintained school;
c
references to the instrument of government are treated as references to the instrument of government whether or not it has taken effect; and
d
section 61(3)(b) and (7) of the 1998 Act and paragraph 2(2) and (3) of Schedule 1 to the 2002 Act do not apply.
2
The temporary governing body of a proposed school which does not have a delegated budget may not exercise any of the powers set out in paragraph 3 (3)(b) to (f) of Schedule 1 to the 2002 Act (as modified) without the prior agreement in writing of—
a
the local education authority in the case of a proposed school which will be a community, voluntary controlled, community special or foundation special school, a maintained nursery school or a foundation school proposals for the establishment of which were published by a local education authority; or
b
the promoters in the case of a proposed school which will be a voluntary aided school or a foundation school, proposals for the establishment of which were published by promoters.