The School Governance (New Schools) (England) Regulations 2007

Delegation of functions to the chair and vice-chair in cases of urgency

This section has no associated Explanatory Memorandum

36.—(1) The chair has the power, where in his opinion the circumstances mentioned in paragraph (2) apply, to exercise—

(a)any function of the temporary governing body which can be delegated to an individual; and

(b)any function that under regulation 48(2) cannot otherwise be delegated to an individual.

(2) The circumstances are that a delay in exercising the function would be likely to be seriously detrimental to the interests of—

(a)the new school;

(b)any pupil of, or person likely to become a pupil of, the new school;

(c)a parent of any such pupil, or of any person likely to become such a pupil; or

(d)a person who works, or is likely to work, at the new school.

(3) In paragraph (2) “delay” means delay for a period extending beyond the earliest date on which it would be reasonably practicable for a meeting of the temporary governing body, or a committee of the temporary governing body to which the function in question has been delegated, to be held.

(4) Where it appears to the vice-chair that—

(a)the circumstances stated in paragraph (2) apply, and

(b)the chair (whether by reason of a vacancy in his office or otherwise) would be unable to exercise the function in question before the detriment referred to in that paragraph is suffered,

the reference in paragraph (1) to the chair are to be read as if it were a reference to the vice-chair.