Search Legislation

Education (No. 2) Act 1986

 Help about what version

What Version

 Help about advanced features

Advanced Features

Changes over time for: Cross Heading: Transition from temporary governing body to governing body

 Help about opening options

Version Superseded: 01/11/1996

Alternative versions:

Status:

Point in time view as at 01/02/1991.

Changes to legislation:

There are currently no known outstanding effects for the Education (No. 2) Act 1986, Cross Heading: Transition from temporary governing body to governing body. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

Transition from temporary governing body to governing bodyE+W

3(1)The requirement for there to be an instrument of government for a school to which section 1 of this Act applies shall take effect in relation to a new school from the date on which the relevant proposal is implemented.

(2)When that requirement takes effect, paragraph 2(2) above shall apply in relation to the governing body of the school as it applied in relation to its temporary governing body and shall continue to apply, for the purposes of determining (at any time after the governing body is first constituted) what provision would be required to be made by a new instrument of government for the school, until such time as—

(a)the number of registered pupils at the school reaches the maximum referred to in paragraph 2(2); or

(b)the local education authority exercise the power conferred on them by virtue of sub-paragraph (3) below.

(3)The instrument of government for every school to which paragraph 2(2) above applies at the time when it is made shall provide for the local education authority to have power to direct that that paragraph shall cease to apply in relation to the school.

(4)The local education authority shall secure that the governing body of any new school is constituted—

(a)as soon as is reasonably practicable after the requirement for there to be an instrument of government for the school takes effect; and

(b)in any event not later than the last day of the term in which pupils first attend the new school or (as the case may be) first attend the school after it becomes a maintained school.

(5)Where the requirement for there to be an instrument of government for a new school has taken effect, the temporary governing body of the school shall, until such time as the governing body is constituted—

(a)continue in existence (notwithstanding that the arrangement under which they were constituted has come to an end by virtue of paragraph 5 below); and

(b)be treated as if they were the governing body.

(6)Where a new school is grouped under section 9 of this Act, with effect from the time when an instrument of government is required for the school, any consent given by, or consultation with, the temporary governing body shall be treated for the purposes of section 10(5) and (6) of this Act as having been given by, or (as the case may be) held with, the governing body.

(7)Where any question arises as to the date which is to be taken to be the implementation date of any such proposal for the purposes of this paragraph, it shall be determined by the Secretary of State.

4(1)Before making any order under section 1 of this Act in respect of a new school, the local education authority shall consult the temporary governing body and head teacher.

(2)Before making any such order in respect of a new school which will be a voluntary school, the authority shall—

(a)secure the agreement of the temporary governing body to the terms of the proposed order; and

(b)if it embodies or varies an instrument of government, secure the agreement of the temporary foundation governors to any provisions which are of particular concern to those governors.

(3)Where a local education authority propose to make any such order in respect of a new school but cannot secure any agreement required by this paragraph, they or (as the case may be) the temporary governing body or temporary foundation governors may refer the matter to the Secretary of State.

(4)On any reference to him under this paragraph the Secretary of State shall give such direction as he thinks fit.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources