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

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Making of instrument of government and constitution of the governing body

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52.—(1) The local education authority must secure that an instrument of government has been made for each new school in accordance with regulations 29 to 31 of the Constitution Regulations before the school opening date.

(2) The instrument of government is to take effect from the date of making for the purpose of constituting the governing body but is not to affect the constitution or name of the temporary governing body conducting the new school.

(3) The local education authority must secure that appointments or elections of governors required by the instrument of government for a new school take place in accordance with that instrument before the incorporation date and take effect from that date.

(4) For all other purposes, the instrument of government is to take effect from the date stated in it (“the incorporation date”).

(5) On the incorporation date the governing body of a new school is to be constituted under the instrument of government.

(6) The temporary governing body must exercise their functions under SSFA 1998, EA 2002 and under these Regulations in a manner calculated to enable the local education authority to fulfil its duties under this regulation.

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