Education Reform Act 1988 (c. 40)

(The document as of February, 2008)

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(4) A determination under sub-paragraph (2) or (3) above requires the approval of the Secretary of State given with the consent of the Treasury.

(5) Employment with the Council shall be included among the kinds of employment to which a scheme under section 1 of the [1972 c. 11.] Superannuation Act 1972 can apply, and accordingly in Schedule 1 to that Act (in which those kinds of employment are listed), at the end of the list of "Other Bodies" there shall be inserted the following entries--

" National Curriculum Council.
Curriculum Council for Wales.
School Examinations and Assessment Council. "

(6) The Council shall pay to the Treasury, at such times as the Treasury may direct, such sums as the Treasury may determine in respect of the increase attributable to sub-paragraph (5) above in the sums payable out of money provided by Parliament under that Act.

(7) Where an employee of the Council is, by reference to that employment, a participant in a scheme under section 1 of that Act and is also a member of the Council the Treasury may determine that his service as such a member shall be treated for the purposes of the scheme as service as an employee of the Council (whether or not any benefits are payable to or in respect of him by virtue of paragraph 8 above).

Expenses

11 Any expenses of the Council, up to such amount as may be approved by the Secretary of State with the consent of the Treasury, shall be defrayed by the Secretary of State.

Committees

12 (1) The Council may establish a committee for any purpose.

(2) The number of the members of a committee established under this paragraph, and the terms on which they are to hold and vacate office, shall be fixed by the Council.

(3) Such a committee may include persons who are not members of the Council.

(4) The Council shall keep under review the structure of committees established under this paragraph and the scope of each committee's activities.

Delegation of functions

13 The Council may authorise the chairman, the deputy chairman, the chief officer or any committee established under paragraph 12 above to exercise such of its functions as it may determine.

Proceedings

14 The validity of proceedings of the Council shall not be affected by a vacancy among the members or any defect in the appointment of a member.

15 The Council shall have power to regulate its own procedure and that of any of its committees.

Application of seal and proof of instruments

16 The application of the seal of the Council shall be authenticated by the signature of the chairman or deputy chairman and that of one other member.

17 Any document purporting to be an instrument made or issued by or on behalf of the Council and to be duly executed under the seal of the Council, or to be signed or executed by a person authorised by the Council in that behalf, shall be received in evidence and be treated, without further proof, as being so made or issued unless the contrary is shown.

Accounts

18 (1) It shall be the duty of the Council--

(a) to keep proper accounts and proper records in relation to the accounts;

(b) to prepare in respect of each financial year of the Council a statement of accounts in such form as the Secretary of State may direct with the approval of the Treasury; and

(c) to send copies of the statement to the Secretary of State and to the Comptroller and Auditor General before the end of the month of August next following the financial year to which the statement relates.

(2) The Comptroller and Auditor General shall examine, certify and report on each statement received by him in pursuance of this paragraph and shall lay copies of each statement and of his report before each House of Parliament.

(3) In this paragraph "financial year" means the period beginning with the date on which the Council is established and ending with the second 31st March following that date, and each successive period of twelve months.

Section 44.

SCHEDULE 3 Appointment and Dismissal of School Staff, etc., during Financial Delegation

Appointment of head teacher and deputy head teacher

1 (1) This paragraph applies in relation to any appointment to fill a vacancy in the post of head teacher or deputy head teacher of a school to which section 44 of this Act for the time being applies.

(2) References in this Schedule to a vacancy in any post include a prospective vacancy in the post.

(3) The governing body shall notify the local education authority of the vacancy in writing before taking any of the steps mentioned below.

(4) Where the vacancy is in the post of head teacher and either the post has not been filled, or it appears to the governing body that the post will not be filled, by an appointment made in accordance with the following provisions of this paragraph before the date on which it falls vacant--

(a) the governing body shall recommend a person for appointment as acting head teacher; and

(b) the authority shall appoint the person recommended unless he does not meet any staff qualification requirements which are applicable in relation to his appointment.

(5) Where the vacancy is in the post of deputy head teacher and either the post has not been filled, or it appears to the governing body that the post will not be filled, by an appointment made in accordance with the following provisions of this paragraph before the date on which it falls vacant--

(a) the governing body may recommend a person for appointment as acting deputy head teacher; and

(b) the authority shall appoint the person recommended unless he does not meet any staff qualification requirements which are applicable in relation to his appointment.

(6) References in this Schedule to staff qualification requirements are references to any requirements with respect to--

(a) qualifications;

(b) health and physical capacity; or

of teachers and other persons employed in work which brings them regularly into contact with persons who have not attained the age of nineteen years which for the time being apply under regulations made under section 27 of the 1980 Act (school and further education regulations).

(7) Before recommending any person for appointment as head teacher or deputy head teacher, the governing body shall advertise the vacancy in such publications circulating throughout England and Wales as they consider appropriate.

(8) The governing body shall appoint a selection panel consisting of at least three of their members to perform the functions conferred on the panel under this paragraph.

(9) The selection panel shall--

(a) interview such applicants for the post as they think fit;

(b) where they consider that it is appropriate to do so, recommend to the governing body for appointment one of the applicants interviewed by them; and

(c) if their recommendation is approved by the governing body, recommend the applicant in question to the authority for appointment.

(10) If the selection panel are unable to agree on a person to recommend to the governing body or the governing body do not approve their recommendation, the governing body--

(a) may, if they think fit, re-advertise the vacancy in the manner required by sub-paragraph (7) above; and

(b) whether or not they re-advertise the vacancy, may require the panel to repeat the steps mentioned in sub-paragraph (9) above.

(11) The authority shall appoint the person recommended by the panel for appointment as head teacher or (as the case may be) as deputy head teacher unless he does not meet any staff qualification requirements which are applicable in relation to his appointment.

(12) Where the authority decline to appoint a person recommended by the governing body for appointment as acting head teacher, the governing body shall recommend another person for appointment.

(13) Where the authority decline to appoint a person recommended by a selection panel appointed under sub-paragraph (8) above for appointment as head teacher or deputy head teacher, sub-paragraph (10) above shall apply as it applies in the cases there mentioned.

Appointment of other teachers

2 (1) Subject to sub-paragraph (2) below, sub-paragraphs (4) to (11) below apply in relation to any appointment to fill a vacancy in any teaching post (whether full-time or part-time) at a school to which section 44 of this Act for the time being applies, other than a post to which paragraph 1 above applies.

(2) Sub-paragraphs (4) to (11) below do not apply in relation to a temporary appointment to fill such a vacancy for a period not exceeding four months or where it appears to the governing body that the period for which the person appointed will hold the post in question will not exceed four months.

(3) Where it appears to the governing body in the case of any post that it would be appropriate to make such an appointment as is mentioned in sub-paragraph (2) above--

(a) they may recommend a person for appointment to the post on such terms as to the duration of the appointment as they may specify; and

(b) the local education authority shall appoint the person recommended on the terms specified unless he does not meet any staff qualification requirements which are applicable in relation to his appointment.

(4) Before taking any of the steps mentioned below, the governing body shall--

(a) determine a specification for the post in consultation with the head teacher; and

(b) send a copy of the specification to the authority.

(5) The authority may nominate for consideration for appointment to the post any person who appears to them to be qualified to fill the post and who either--

(a) is at the time of his nomination an employee of theirs or has been appointed to take up employment with them at a future date; or

(b) is at the time of his nomination employed by the governing body of an aided school maintained by the authority;

subject, in a case within paragraph (b) above, to the consent of the governing body of the school concerned.

(6) The governing body may advertise the vacancy at any time after they have sent a copy of the specification for the post to the authority in accordance with sub-paragraph (4) above, and shall do so unless either--

(a) they accept for appointment to the post a person nominated by the authority under sub-paragraph (5) above; or

(b) they decide to recommend to the authority for appointment to the post a person who is already employed to work at the school.

(7) Where the governing body advertise the vacancy, they shall do so in a manner likely in their opinion to bring it to the notice of persons (including employees of the authority) who are qualified to fill the post.

(8) Where the governing body advertise the vacancy, they shall--

(a) interview such applicants for the post and such of the persons (if any) nominated by the authority under sub-paragraph (5) above as they think fit; and

(b) where they consider it is appropriate to do so--

(i) recommend to the authority for appointment one of the applicants interviewed by them; or

(ii) notify the authority that they accept for appointment any person so nominated;

as the case may require.

(9) If the governing body are unable to agree on a person to recommend or accept for appointment, they may repeat the steps mentioned in paragraphs (a) and (b) of sub-paragraph (8) above, with or without first re-advertising the vacancy in accordance with sub-paragraph (7) above.

(10) The authority shall appoint the person recommended or accepted for appointment to the post by the governing body unless (in the case of a person other than one nominated by the authority) he does not meet any staff qualification requirements which are applicable in relation to his appointment.

(11) Where the authority decline to appoint a person recommended by the governing body for appointment the governing body shall repeat such of the steps mentioned in paragraphs (a) and (b) of sub-paragraph (8) above as they think fit, with or without first re-advertising the vacancy in accordance with sub-paragraph (7) above.

(12) The governing body may delegate any of their functions under this paragraph, in relation to the filling of a particular vacancy or a vacancy of a kind specified by them, to--

(a) one or more governors;

(b) the head teacher; or

Appointments: advice of chief education officer and head teacher

3 (1) The chief education officer of the local education authority concerned shall be entitled to attend, for the purpose of giving advice, all proceedings--

(a) of the governing body;

(b) of any selection panel appointed under paragraph 1 above; or

relating to appointments to which paragraph 1 or (as the case may be) paragraph 2 above applies (including in each case any interviews).

(2) The chief education officer shall also be under a duty--

(a) to offer such advice as he considers appropriate with respect to the appointment of a head teacher, a deputy head teacher, an acting head teacher or an acting deputy head teacher or any matter arising in connection with any such appointment; and

(b) to give such advice as he considers appropriate with respect to any appointment to which paragraph 2 above applies if requested to do so by the governing body.

(3) Each of the following, that is to say--

(a) the governing body;

(b) any selection panel appointed under paragraph 1 above; and

shall consider any advice given by the chief education officer with respect to any matter it falls to them to determine relating to any appointment before determining that matter, whether or not the advice was given at their request.

(4) Except in relation to the appointment of a head teacher--

(a) sub-paragraph (1) above shall apply in relation to the head teacher (if not otherwise entitled to be present at the proceedings there mentioned) as it applies in relation to the chief education officer; and

(b) sub-paragraph (3) above shall apply in relation to advice given by the head teacher as it applies in relation to advice given by the chief education officer.

Appointment of non-teaching staff

4 (1) Where the governing body of any school to which section 44 of this Act for the time being applies wish to appoint a person to work in a non-teaching post at the school, they may recommend a person to the local education authority concerned for appointment to the post.

(2) Such a recommendation shall be in writing and shall specify--

(a) the duties to be performed by the person appointed (including, where the post is part-time, his hours of work);

(b) the grade (on the scale of grades currently applicable in relation to employment with the authority) which the governing body consider appropriate for the post; and

(c) where the authority have any discretion with respect to the remuneration to be paid to a person appointed to the post, the determination of any matter to which that discretion applies which the governing body consider appropriate in the case of the person recommended for appointment.

(3) Before selecting a person to recommend for appointment to such a post and determining in relation to any such recommendation any matters mentioned in sub-paragraph (2) above, the governing body shall consult--

(a) the head teacher (where he would not otherwise be involved in the decision); and

(b) in any case where the post involves or, in the case of a new post, it is proposed that it should involve, work at the school for sixteen hours a week or more, the chief education officer of the authority.

(4) The authority shall appoint a person recommended for appointment to a non-teaching post at such a school by the governing body on such terms as to give effect, so far as relates to any matter mentioned in sub-paragraph (2) above, to the governing body's recommendation with respect to that matter unless he does not meet any staff qualification requirements which are applicable in relation to his appointment.

(5) For the purposes of sub-paragraph (2)(c) above, the authority are to be regarded as having a discretion with respect to the remuneration to be paid to a person appointed to any such post if any provisions regulating the rates of remuneration or allowances payable to persons in the authority's employment either--

(a) do not apply in relation to that appointment; or

(b) leave to the authority any degree of discretion with respect to rate of remuneration or allowances in the case of that appointment.

The clerk to the governing body

5 (1) In the case of any vacancy in the office of clerk to the governing body of a school to which section 44 of this Act for the time being applies, the local education authority concerned shall appoint a person selected by the governing body.

(2) Before selecting a person to recommend for such appointment, the governing body shall consult the chief education officer of the authority.

Discipline

6 (1) The regulation of conduct and discipline in relation to the staff of any school to which section 44 of this Act for the time being applies, and any procedures for affording to members of the staff opportunities for seeking redress of any grievances relating to their employment, shall be under the control of the governing body.

(2) The governing body of any such school shall establish--

(a) disciplinary rules and procedures; and

(b) procedures such as are mentioned in sub-paragraph (1) above;

and shall take such steps as appear to them to be appropriate for making them known to the staff at the school.

(3) Where the implementation of any determination made by the governing body in the exercise of their control over the conduct and discipline of the staff of any such school requires any action which--

(a) is not within the functions exercisable by the governing body by virtue of this Act; but

(b) is within the power of the local education authority concerned;

it shall be the duty of the authority to take that action at the request of the governing body.

Suspension

7 (1) In the case of any school to which section 44 of this Act for the time being applies, the governing body and the head teacher shall both have power to suspend any person employed to work at the school where, in the opinion of the governing body or (as the case may be) of the head teacher, his exclusion from the school is required.

(2) The governing body or head teacher, when exercising that power, shall immediately inform the local education authority concerned and the head teacher or (as the case may be) the governing body.

(3) Any suspension under this paragraph may only be ended by the governing body; and the governing body shall, on ending such a suspension, immediately inform the local education authority concerned and the head teacher.

(4) In this paragraph "suspend" means suspend without loss of emoluments.

Dismissal, etc.

8 (1) Where the governing body of any school to which section 44 of this Act for the time being applies determine--

(a) that any person employed to work at the school should cease to work there; or

(b) that the clerk to the governing body should be dismissed;

they shall notify the local education authority concerned in writing of their determination and the reasons for it.

(2) If in a case within sub-paragraph (1)(a) above--

(a) the person concerned is employed to work solely at the school; and

(b) he does not resign;

the authority shall, before the end of the period of fourteen days beginning with the date on which the notification under sub-paragraph (1) above is given in relation to him, either give him such notice terminating his contract of employment with the authority as is required under that contract or terminate that contract without notice if the circumstances are such that they are entitled to do so by reason of his conduct.

(3) If in a case within sub-paragraph (1)(a) above the person concerned is not employed to work solely at the school the authority shall require him to cease to work at the school.

(4) In any case within sub-paragraph (3) above no part of the costs incurred by the authority in respect of the emoluments of the person concerned, so far as relates to any period falling after the expiration of his contractual notice period, shall be met from the school's budget share.

(5) In relation to any such person, the reference in sub-paragraph (4) above to his contractual notice period is a reference to the period of notice that would have been required under his contract of employment with the authority for termination of that contract if such notice had been given on the date on which the notification under sub-paragraph (1) above was given in relation to him.

(6) In a case within sub-paragraph (1)(b) above the authority shall dismiss the clerk to the governing body on receipt of the notification from the governing body.

(7) The governing body of such a school shall make arrangements for affording to any person in respect of whom they propose to make any determination under sub-paragraph (1) above an opportunity of making representations with respect to the action they propose to take, including (if he so wishes) oral representations to such person or persons as the governing body may appoint for the purpose, and shall have regard to any representations made by him.

(8) The governing body of such a school shall also make arrangements for affording to any person in respect of whom they have made such a determination an opportunity of appealing against it before they notify the authority of the determination.

(9) The head teacher (except where he is the person concerned) and the chief education officer of the authority shall be entitled to attend, for the purpose of giving advice, all proceedings of the governing body relating to any determination under sub-paragraph (1) above; and the governing body shall consider any advice given by a person entitled to attend such proceedings under this sub-paragraph before making any such determination.

9 (1) Subject to sub-paragraph (2) below, a local education authority shall not dismiss a person employed by the authority to work solely at a school to which section 44 of this Act for the time being applies except as provided by paragraph 8 above.

(2) Sub-paragraph (1) above shall not apply in any case where the dismissal of the person in question is required under any regulations made under section 27 of the 1980 Act.

School meal staff

10 Nothing in paragraphs 4 and 6 to 9 above shall apply in relation to the appointment of a person to work at a school to which section 44 of this Act for the time being applies, or in relation to a person so employed, where--

(a) the person concerned is to be, or is, employed to work solely in connection with the provision of meals; and

(b) no allowance is made for expenditure on or in connection with the provision of meals in determining the school's budget share.

Interpretation

11 (1) References in this Schedule to a vacancy in any post shall be read in accordance with paragraph 1(2) above.

(2) References in this Schedule to staff qualification requirements shall be read in accordance with paragraph 1(6) above.

(3) References in this Schedule to the chief education officer of a local education authority include references to any officer of the authority nominated by the chief education officer.

Section 48.

SCHEDULE 4 New Schools

New county and voluntary schools: general

1 (1) This paragraph applies to any new school other than one which will be a special school.

(2) For the purposes of the application (in accordance with the following provisions of this Schedule) of any provisions of Chapter III of Part I of this Act and Schedule 3 to this Act in relation to such schools--

(a) references to a school conducted by a governing body shall be read as including references to a new school which has a temporary governing body (and other references to the governing body of a school shall be read as including references to the temporary governing body of a new school);

(b) references to a county or voluntary school maintained by a local education authority (or to county or voluntary schools) shall be read as including references to a new school which on implementation of the relevant proposal will be a county or voluntary school so maintained; and

(c) references to a voluntary school of any particular category shall be read as including references to a new school which on implementation of the relevant proposal will be a voluntary school of that category.

Application of schemes in relation to new schools

2 (1) For the purposes of that Chapter, a new school to which paragraph 1 above applies is required to be covered in any financial year by a scheme made under section 33 of this Act by a local education authority if it has a temporary governing body during the whole or any part of that year; but the provisions of that Chapter apply in the case of such a school subject to the modifications provided for below in this paragraph.

(2) Where a school required to be covered by a scheme in any financial year is a new school during the whole or any part of that year, the provision required by section 38(3)(a) of this Act shall not apply in relation to the determination of the school's budget share for that year so far as that share falls in accordance with the scheme to be treated as referable to planned expenditure by the authority concerned for the purposes of the school in respect of any period falling before the implementation of the relevant proposal.

(3) Accordingly, in the case of any school to which sub-paragraph (2) above applies--

(a) paragraph (e) of subsection (4) of section 42 of this Act shall apply as if it referred to such part (if any) of the school's budget share for the financial year in question as falls to be determined in accordance with the provision required by section 38(3)(a);

(b) paragraph (f) of that subsection shall apply as if it referred to the expenditure (if any) on excepted services planned by the authority concerned for the purposes of the school in respect of any period falling within the financial year in question and after the implementation of the relevant proposal; and

(c) paragraph (g) of that subsection shall apply as if it referred to so much (if any) of the authority's excluded expenditure under the scheme as is appropriated by the authority for meeting expenditure for the purposes of the school in respect of any such period;

and the statement under subsection (3) of that section shall include in relation to any such school the additional particulars mentioned in sub-paragraph (4) below.

(4) Those particulars are--

(a) the amount of such part (if any) of the school's budget share for the financial year in question (as initially determined for the purposes of the scheme) as falls in accordance with the scheme to be treated as referable to planned expenditure such as is mentioned in sub-paragraph (2) above;

(b) the amount of any expenditure on excepted services planned by the authority concerned for the purposes of the school in respect of any period falling within the financial year in question and before the implementation of the relevant proposal; and

(c) the amount of such part (if any) of the authority's excluded expenditure under the scheme as is appropriated by the authority for meeting expenditure for the purposes of the school in respect of any such period.

(5) Sub-paragraph (2) above shall not be taken as prejudicing the inclusion in the allocation formula under a scheme by virtue of section 38(3)(b) of this Act of provision taking into account in relation to a new school any forecast made in accordance with the scheme of the number of registered pupils it will have on implementation of the relevant proposal.

(6) The delegation requirement under a scheme shall not apply in relation to a new school which is a secondary school, other than a school to which section 40 of this Act applies, until such date as may be determined by or under the scheme.

(7) In the case of a new school which is a primary school, section 39(2)(b) of this Act shall apply as if for references to a qualifying date in relation to the financial year in question which falls within that year there were substituted references to the date of implementation of the relevant proposal.

(8) Section 40 of this Act shall have effect, in relation to any new school to which it applies, with the omission of paragraph (a) of subsection (3).

(9) Section 42(9) of this Act shall not apply in relation to the temporary governing body of a new school.

(10) Paragraph 18 of Schedule 2 to the 1986 Act (which requires the local education authority to consult the temporary governing body of a new school and the head teacher about their proposed expenditure on books, equipment and stationery) shall not apply where the new school has a delegated budget.

New special schools

3 (1) In sections 43 and 50 of this Act--

(a) any reference--

(i) to special schools maintained by local education authorities;

(ii) to a special school maintained by such an authority; and

(iii) to special schools;

shall be read as including a reference to any new school proposed to be established by a local education authority which will be a special school and which has a temporary governing body; and

(b) any reference to the governing body of a special school shall be read as including a reference to the temporary governing body of such a new school.

(2) References in section 50 of this Act to a local education authority who maintain one or more special schools shall be read as including references to a local education authority who by virtue of paragraph 28 of Schedule 2 to the 1986 Act are under a duty to defray the expenses there mentioned in relation to the temporary governing body of one or more new schools such as are mentioned in sub-paragraph (1)(a) above.

Staff

4 (1) Subject to the following provisions of this paragraph, section 44 or (as the case may be) section 45 of this Act shall apply to a new school which on implementation of the relevant proposal will be a school of a category to which that section applies not only at any time when (by virtue of the preceding provisions of this Schedule) it has a delegated budget but also at any time when it has a temporary governing body and either--

(a) the delegation requirement under the scheme will apply to the school on or before the implementation of the relevant proposal; or

(b) the authority propose to exercise any power under the scheme to delegate the management of the school's budget share for any financial year by making such a delegation--

(i) to the temporary governing body before the implementation of that proposal; or

(ii) to the governing body of the school on implementation of that proposal.

(2) The provisions of sections 44 and 45 of and Schedule 3 to this Act shall apply, in the case of a new school, for the purposes only of--

(a) the appointment of staff at the school; and

(b) the taking of such steps with respect to any other matters referred to in those provisions as may be appropriate in preparation for the conduct of the school following implementation of the relevant proposal.

(3) In the case of a new school which is a proposed county, controlled or aided school, no appointments of staff for the school shall be made by the local education authority before the constitution of a temporary governing body for the school.

(4) None of the provisions of paragraphs 21 to 25, 26(1) and (2) and 30(2) of Schedule 2 to the 1986 Act (provisions as to appointment of staff at new schools and related information to be given to temporary governing bodies) shall have effect in relation to a new school to which section 44 of this Act for the time being applies.

(5) Paragraphs 20 and 30(3) of that Schedule shall not have effect in relation to a new school to which section 45 of this Act for the time being applies.

(6) Neither section 44(4) nor section 45(11) of this Act shall apply in the case of a new school; but it shall be the duty of the local education authority concerned to incorporate--

(a) the statement mentioned in section 44(4) in the articles of government for a new school to which section 44 applies which will be a county or controlled school; and

(b) the statement mentioned in section 45(11) in the articles of government for a new school to which section 45 applies which will be an aided school.

(7) Section 46(2) and (5) of this Act shall not apply in relation to a new school.

(8) Any provision included in a scheme by virtue of section 47(3) of this Act, so far as relates to the appointment of staff at a school to which that section applies, shall apply in relation to a new school which on implementation of the relevant proposal will be a school to which that section applies.

Financial delegation and statements apart from schemes

5 Section 49 of this Act shall not apply in relation to a new school.

6 Section 50(9) of this Act shall not apply in relation to the temporary governing body of a new school.

Supplementary

7 (1) Section 51(4) of this Act shall not apply in the case of a new school.

(2) If the articles of government of a new county or voluntary school contain any provision to which section 51(3) of this Act would apply during any period when the school had a delegated budget, they shall also include in relation to any such provision the statement required by section 51(5) of this Act.

Section 72.

SCHEDULE 5 Transition to Grant-Maintained Status

Transition to grant-maintained status

1 (1) Where the Secretary of State approves proposals for acquisition of grant-maintained status in respect of any school he may by an order or orders made at any time on or after the date on which he approves the proposals and before the incorporation date in relation to the school make such provision as he considers appropriate in connection with the school's transition to grant-maintained status and the impending transfer of responsibility for the conduct of the school to an initial governing body constituted in accordance with the proposals.

(2) References below in this Schedule, in relation to any school in respect of which such proposals have been approved, to the prospective governing body are references to the persons named in the proposals as the proposed initial governors.

2 The provision that may be made by an order under paragraph 1 above includes in particular provision--

(a) for the exercise by the prospective governing body in relation to the school, in such circumstances and in such manner and subject to such conditions as may be specified in the order, of any power so specified corresponding to any of the powers that would by virtue of section 57 of this Act be exercisable by the initial governing body of the school on its incorporation, including in particular power--

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