http://www.legislation.gov.uk/ukpga/2002/32/section/34/madeEducation Act 2002Voluntary controlled schoolsVoluntary aided schoolsState schoolsSchool performance and standardsSchool term datesKing's Printer of Acts of Parliament2021-08-03 Education Act 2002s. 85 85AEducation and Inspections Act 2006s. 74(1)s. 188(3)Education Act 2002s. 86(1)Education and Inspections Act 2006s. 74(2)(c)s. 188(3)Education Act 2002s. 86(2)Education and Inspections Act 2006s. 74(2)(c)s. 188(3)Education Act 2002s. 88(2)-(7)Education and Inspections Act 2006s. 74(3)s. 188(3)Education Act 2002s. 29(2A)-(2D)Apprenticeships, Skills, Children and Learning Act 2009s. 260(4)s. 269(3)Education Act 2002s. 85A(5)Apprenticeships, Skills, Children and Learning Act 2009Sch. 12 para. 34s. 269(4)art. 2Sch. 1Education Act 2002specified provision(s)The Education Act 2002 (Commencement No. 6 and Transitional and Saving Provisions) (Amendment) Order 2005art. 2Education Act 2002s. 85AEducation Act 2011s. 31(2)s. 82(2)(b)Education Act 2002s. 29BEducation and Skills Act 2008s. 157s. 173(3)(4)Education Act 2002s. 210AEducation and Skills Act 2008Sch. 1 para. 79s. 173(3)(4)Education Act 2002specified provision(s)The Education (Hazardous Equipment and Materials) (England) Regulations 2004Sch.Education Act 2002s. 141A(1)(bb)-(bf)Children’s Wellbeing and Schools Act 2026s. 52(2)(a)(ii)s. 78(5)Education Act 2002s. 141B(3A)Children’s Wellbeing and Schools Act 2026s. 52(4)(b)s. 78(5)Education Act 2002s. 122A(10A)Children’s Wellbeing and Schools Act 2026Sch. 3 para. 6s. 78(2)(i)(5)Education Act 2002s. 129(5)(g) and wordThe Children’s Wellbeing and Schools Act 2026 (Establishment of Schools) (Consequential Amendments) Regulations 2026reg. 3(2)(b)reg. 1(2)Education Act 2002s. 27(1A)Children, Schools and Families Act 2010s. 4(1)s. 27s. 29(5)Education Act 2002s. 88(7)The Apprenticeships, Skills, Children and Learning Act 2009 (Consequential Amendments) (England and Wales) Order 2010Sch. 1 para. 45 Sch. 2 Pt. 1art. 2(3)art. 1(2)(a)(b)Education Act 2002s. 142(9)(b)The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010The Local Education Authorities and Children's Services Authorities (Integration of Functions) Order 2010Sch. 2 para. 11(10)(b)art. 1Education Act 2002Pt. 8AEmployment Rights Act 2025Sch. 4 para. 1Contains power in ss. 148B, 148H, 148J, 148K, 148N, 148Os. 159(3)Education Act 2002Sch. 12AEmployment Rights Act 2025Sch. 4 para. 2Sch. 4 para. 5s. 159(3)Education Act 2002Sch. 2 para. 10AEmployment Rights Act 2025Sch. 4 para. 4(a)s. 159(3) Part 3Chapter 1 34 1 Where proposals for the establishment of a maintained school fall to be implemented under any enactment, the local education authority shall make arrangements providing for the constitution of a temporary governing body for the school. 2 Once constituted in accordance with arrangements made under subsection (1), the temporary governing body shall continue in existence until such time as the governing body are constituted for the school under an instrument of government. 3 The local education authority shall secure that the governing body are so constituted before such date as may be determined in accordance with regulations. 4 The requirement for there to be an instrument of government for a school (imposed by section 20) shall take effect in relation to a school falling within subsection (1) above as from the date determined under subsection (3). 5 Regulations may make provision with respect to— a the making and termination of arrangements for the constitution of temporary governing bodies, including such arrangements made in anticipation of proposals falling to be implemented as mentioned in subsection (1), b the constitution, meetings and proceedings of temporary governing bodies, the payment of allowances to temporary governors, and the appointment of clerks to such bodies, c the exercise by a temporary governing body before the school opening date of the powers conferred by section 27, d the transition from a temporary governing body to a governing body constituted under an instrument of government, and e such other matters relating to temporary governing bodies as the Secretary of State, or as the case may be the National Assembly for Wales, considers appropriate. 6 Regulations under subsection (5) may, in connection with any matters falling within that subsection— a modify any provision made under any of sections 19, 20 or 23 or by Schedule 1; b apply any such provision with or without modifications; c make provision corresponding or similar to any such provision. 7 Subject to subsection (8), the temporary governing body of a school shall be treated for the purposes of the Education Acts as if they were the governing body during the period— a beginning with the school opening date, and b ending with the time when the governing body are constituted for the school under an instrument of government; and for the purposes of section 30(3) of this Act and sections 495 to 498 of the Education Act 1996 (c. 56) (general default powers of the Secretary of State) the temporary governing body of a school shall also be so treated at any time falling before the school opening date. 8 Despite subsection (7), nothing in any of the following provisions, namely— a section 20(1), b (subject to any regulations made under subsection (5)) Schedule 1, or c (subject to any regulations made under subsection (5)) regulations made under section 19, 20 or 23, applies to any temporary governing body. 9 In this section “school opening date”, in relation to a new maintained school, means the date when the school first admits pupils.