Education Act 1993 (c. 35)

(The document as of February, 2008)

-- Back --

Page 12

Pages: P.1 | P.2 | P.3 | P.4 | P.5 | P.6 | P.7 | P.8 | P.9 | P.10 | P.11 | P.12 | P.13 | P.14 | P.15 | P.16 | P.17 | P.18 | P.19 | P.20 | P.21 | P.22 | P.23 | P.24

he may by order provide for the school to be conducted by an education association named in the order as from such date as may be specified in the order (referred to in this Part of this Act as the "transfer date").

(3) On making an order under this section the Secretary of State shall give notice in writing of the order to the governing body and head teacher of the school, to the local education authority and (except in the case of a school in Wales before the Schools Funding Council for Wales begin to exercise their functions) the funding authority.

(4) On the transfer date--

(a) the local education authority whose duty it was immediately before that date to maintain the school as a county or voluntary school shall cease to have that duty, and

(b) any special agreement relating to the school shall cease to have effect.

221 Effect of order under section 220

(1) This section applies in relation to a school where an order under section 220 of this Act has been made.

(2) A school conducted by an education association may not cease to be so conducted unless--

(a) it becomes a grant-maintained school, or

(b) the school is discontinued.

(3) The following subsections have effect subject to the following provisions of this Chapter.

(4) Subject to subsection (7) below, references in any enactment to grant-maintained schools include schools conducted by education associations.

(5) References in any enactment to schools the governing bodies of which are incorporated under Chapter II of Part II of this Act (however expressed) include schools conducted by education associations.

(6) Subject to subsection (7) below, references in any enactment--

(a) to any school becoming grant-maintained (whether the reference is to its acquiring grant-maintained status or is expressed in any other form), or

(b) to the date of implementation of the proposals under which it becomes grant-maintained,

are in the case of schools conducted by education associations references to the school beginning to be conducted by the association or, as the case may be, to the transfer date.

(7) References in any enactment to schools the governing bodies of which are incorporated under Chapter IV of Part II of this Act (however expressed) do not include schools conducted by education associations.

222 Functions of education associations

(1) Where an order under section 220 of this Act provides for an education association to conduct a school, the association may as from the transfer date conduct the school; and their power under this subsection is to conduct a school of the same description as the school immediately before that date.

(2) An education association shall conduct any school for which they are the governing body so as to secure, so far as it is practicable to do so, the elimination of any deficiencies in the conduct of the school identified in any report made by a registered inspector or member of the Inspectorate.

(3) A school conducted by an education association shall not be regarded as of a different description, where changes have been made in the character or premises of the school since the transfer date, to that immediately before that date if the changes--

(a) did not require authorisation under Chapter VII of Part II of this Act, or

(b) were authorised under that Chapter.

(4) Subject to any provision made by the articles of government for the school, an education association may provide education at any school conducted by them which is neither primary nor secondary education if--

(a) it is part-time education suitable to the requirements of persons of any age over compulsory school age, or full-time education suitable to the requirements of persons who have attained the age of nineteen years,

(b) it is part-time education suitable to the requirements of junior pupils who have not attained the age of five years and the school provides full-time education for junior pupils of the same age, or

223 Conduct of school

(1) Each school conducted by an education association shall be conducted in accordance with an instrument to be known as the articles of government.

(2) Subject to any express provision of the articles of government, the school shall be conducted in accordance with any trust deed relating to it.

(3) The initial articles of government for such a school shall be such as are prescribed and, subject to subsection (4) below, shall have effect as from the transfer date.

(4) Such of the articles as may be prescribed shall have effect as from such date prior to the transfer date as may be prescribed.

(5) The education association may, with the consent of the Secretary of State--

(a) make new articles of government in place of the existing articles for the school, or

(b) modify the existing articles for the school.

(6) The Secretary of State may by a direction under this section, in the case of schools conducted by education associations, any class of such schools specified in the direction or any particular school conducted by an education association so specified, require each education association conducting any school to which the direction applies to modify its articles of government in any manner so specified.

(7) Before giving a direction under this section, the Secretary of State shall consult each education association conducting any school to which the direction applies.

224 School conducted by education association acquiring grant-maintained status

(1) Where the Secretary of State--

(a) has received a copy of a report under section 227(2) of this Act in respect of a school conducted by an education association, and

(b) is of the opinion that the school should become a grant-maintained school,

he may give notice in writing of his opinion to the head teacher of the school, the education association, the local education authority and (except in the case of a school in Wales before the Schools Funding Council for Wales have begun to exercise their functions) the funding authority.

(2) An education association which receive a notice under subsection (1) above in respect of a school shall, within the period of three months beginning with the receipt of the notice, publish proposals under section 32 of this Act.

(3) In relation to proposals published under section 32 of this Act by virtue of this section and the incorporation of a governing body in pursuance of such proposals, Chapters II and V of Part II of this Act shall have effect--

(a) as if the school to which the proposals relate had continued, after the transfer date, to be a county or, as the case may be, voluntary school, and

(b) with such other modifications as may be prescribed.

225 Discontinuance of school conducted by education association

(1) Where the Secretary of State is of the opinion that a school conducted by an education association should be discontinued, he shall give notice in writing of his opinion and of the discontinuance date to--

(a) the education association,

(b) the local education authority,

(c) the funding authority (except in the case of a school in Wales before the Schools Funding Council for Wales have begun to exercise their functions), and

(d) if the school provides education to which section 2(1) of the [1992 c. 13.] Further and Higher Education Act 1992 applies, the appropriate further education funding council.

(2) The education association shall cease to conduct the school--

(a) on the date specified in the notice, or

(b) if at the request of the education association the Secretary of State subsequently fixes another date (whether in substitution for the date specified in the notice or in substitution for a date previously fixed under this subsection), on that date.

(3) Where the Secretary of State has given notice under this section, he may by order make provision for the disposal of the school property and the discharge of any liabilities of the education association in respect of the school.

(4) An order under subsection (3) above may make any such provision (except provision for the dissolution of the education association) as is made by, or may be made by an order under, sections 111 to 116 of this Act where proposals for the discontinuance of a grant-maintained school have been approved under section 106 of this Act.

226 Winding-up of education association

(1) Where subsection (2) below applies to the school or, as the case may be, each of the schools conducted or formerly conducted by an education association, the Secretary of State may by order provide for the dissolution of the association and the transfer to him of the property, rights and liabilities of the association.

(2) This section applies where--

(a) the Secretary of State has approved proposals for the school to become a grant-maintained school, or

(b) the Secretary of State has given notice under section 225 of this Act of his opinion that the school should be discontinued.

227 Reports showing school no longer requires special measures

(1) Where, on the completion of any inspection of a school conducted by an education association under section 2(2)(b), 3(1), 6(2)(b) or 7(1) of the [1992 c. 38.] Education (Schools) Act 1992 by a member of the Inspectorate, he is of the opinion that special measures are not required to be taken in relation to the school, he shall prepare in writing a report of the inspection and a summary of the report and state his opinion in the report.

(2) The member of the Inspectorate shall send a copy of the report, together with a summary of it, to the head teacher of the school, the education association and the Secretary of State.

(3) The education association shall--

(a) make any copy report and summary sent to them under subsection (2) above available for inspection by members of the public at such times and at such place as may be reasonable,

(b) provide a copy of the report and summary, free of charge or in prescribed cases on payment of such fee as they think fit (not exceeding the cost of supply), to any person who asks for one, and

(c) take such steps as are reasonably practicable to secure that every registered parent of a registered pupil at the school receives a copy of the summary as soon as is reasonably practicable.

(4) Section 9 of that Act does not apply to schools conducted by education associations.

228 Regulations for the purposes of Chapter II

(1) Regulations may provide for any enactments relating to grant-maintained schools (or schools including grant-maintained schools), including enactments relating to the acquisition of grant-maintained status, to have effect in relation to--

(a) the transfer to an education association under section 220 of this Act of responsibility for the conduct of any school and the subsequent conduct of the school by the association,

(b) the discontinuance under section 225 of this Act of any school conducted by an education association, and

(c) the transfer to a governing body incorporated in pursuance of proposals published by virtue of section 224 of this Act of responsibility for the conduct of any school conducted by an education association,

with such modifications as seem to the Secretary of State to be necessary or desirable.

(2) Subsection (1) above does not apply in relation to schools which are or were maintained special schools; but regulations may provide for sections 220 to 227 of this Act to have effect in relation to any such schools as they have effect in relation to county schools but with such modifications as seem to the Secretary of State to be necessary or desirable.

(3) Regulations may make such provision as the Secretary of State considers necessary or desirable in relation to--

(a) the transfer to an education association under section 220 of this Act of responsibility for the conduct of any maintained special school and the subsequent conduct of the school by the association, and

(b) where a former maintained special school is being conducted by an education association, the discontinuance of the school under section 225 of this Act.

(4) In relation to any former maintained special school being conducted by an education association--

(a) section 186 of this Act shall apply as it applies to any maintained special school, but as if the reference in subsection (1) to the school ceasing to be maintained by the local education authority were to its ceasing to be conducted by an education association, and

(b) section 224 of this Act shall apply--

(i) as if the reference in subsection (1) to a grant-maintained school were to a grant-maintained special school,

(ii) as if the reference in subsection (2) to section 32 of this Act were to section 186 of this Act, and

(iii) with the omission of subsection (3).

Part VI Miscellaneous

Establishment, alteration etc. of maintained schools

229 Proposals for establishment, etc. of schools by local education authority

(1) In section 12 of the [1980 c. 20.] Education Act 1980 (establishment and alteration of county schools) in subsection (1), after "county school" in paragraph (d) there is inserted "or to transfer a county school to a new site in the area" and, after that subsection, there is inserted--

" (1A) Before publishing the proposals the local education authority shall consult such persons as appear to them to be appropriate; and in discharging their duty under this subsection, the authority shall have regard to any guidance given from time to time by the Secretary of State.

(1B) The Secretary of State shall publish any guidance given by him for the purposes of subsection (1A) above in such manner as he thinks fit. "

(2) In subsection (3) of that section--

(a) "voluntary" is omitted, and

(b) after "affected by the proposals" there is inserted "by the appropriate further education funding council (if the proposals affect the provision of education to which section 2(1) of the [1992 c. 13.] Further and Higher Education Act 1992 applies)".

(3) Where--

(a) an order under section 12 of this Act applies to the area of a local education authority, and

(b) the authority publish proposals under section 12 of that Act which affect the provision of relevant education in the area,

the funding authority shall be included among the persons who may submit objections to the proposals.

230 Proposals for establishment, etc. of voluntary schools by promoters, etc

(1) In section 13 of the [1980 c. 20.] Education Act 1980 (establishment and alteration of voluntary schools) in subsection (1), after "the school" in paragraph (b) there is inserted "or to transfer the school to a new site" and, after subsection (1A), there is inserted--

" (1B) Before publishing any proposals under this section, the persons concerned shall--

(a) in the case of proposals under subsection (1)(a) above, consult the local education authority, and

(b) in the case of proposals under subsection (1)(a) or (b) above, consult such other persons as appear to them to be appropriate;

and in discharging their duty under this subsection, they shall have regard to any guidance given from time to time by the Secretary of State.

(1C) The Secretary of State shall publish any guidance given by him for the purposes of subsection (1B) above in such manner as he thinks fit. "

(2) In subsection (3) of that section--

(a) "voluntary" is omitted, and

(3) After subsection (3) of that section there is inserted--

" (3A) Where the proposals are to transfer a school to a site in a different area, objections under subsection (3) above to the proposals may also be made by any ten or more local government electors for that area. "

(4) In subsection (6) of that section, after "below" there is inserted--

" (a) in the case of any proposals approved by the Secretary of State to transfer a controlled school to a new site, it shall be the duty of the local education authority to implement the proposals (and any associated proposals for a change in the character of the school) so far as they involve the provision of premises or the removal or provision of equipment, and

(b) in any other case " .

(5) At the end of that section there is added--

" (8) Where proposals under this section for the transfer of a school to a site in a different area are approved--

(a) in the case of any voluntary school--

(i) the references in subsection (6) above to the local education authority are to the authority for the new area, and

(ii) upon the transfer the duty to maintain the school shall transfer to that authority, and

(b) in the case of any controlled school, the First Schedule to the Education Act 1946 (provision of premises by maintaining authority) shall apply as if the duty to maintain the school had been transferred to the local education authority for the new area. "

(6) Where--

(a) an order under section 12 of this Act applies to the area of a local education authority, and

(b) any persons publish proposals under section 13 of that Act which affect the provision of relevant education in the area,

the funding authority shall be included among the persons who may submit objections to the proposals.

Nursery education

231 Nursery education in grant-maintained schools

(1) No person may--

(a) publish proposals under section 48 or 49 of this Act for the establishment of any nursery school, or

(b) publish proposals under section 96 or 97 of this Act, or give notice of proposals under section 183(3) or (4) of this Act, for a school to become a nursery school.

(2) Subject to subsection (1) above, proposals under sections 48, 49, 96, 97 or 183(3) or (4) of this Act may, in particular, be made for the purpose of securing the provision of education for junior pupils who have not attained the age of five years.

Rationalisation of school places

232 Directions to bring forward proposals to remedy excessive provision

(1) Where the Secretary of State is of the opinion that the provision for primary or secondary education in maintained schools in the area of any local education authority is excessive, then, for the purpose of remedying the excess--

(a) he may by an order under this paragraph direct the local education authority to exercise their powers to make proposals for the establishment, alteration or discontinuance of schools, and

(b) in the case of any voluntary school in the area, he may by an order under this paragraph direct the governing body to exercise their powers to make proposals for the alteration of their school.

(2) Where the Secretary of State is of the opinion that the provision for primary or secondary education in grant-maintained schools in the area of any local education authority is excessive and an order under section 12(1) of this Act applies to the area, he may by an order under this subsection direct the funding authority to exercise their powers to make proposals for the establishment, alteration or discontinuance of schools for the purpose of remedying the excess.

(3) An order under subsection (1) or (2) above shall--

(a) require the proposals to be published or, as the case may be, notice of the proposals to be served not later than such date as may be specified in the order, and

(b) require the proposals to apply such principles in giving effect to the direction as may be specified in the order.

(4) An order under subsection (1)(a) or (2) above may not require the proposals to relate to any named school.

233 Directions to bring forward proposals for additional provision in maintained schools

(1) The powers conferred by subsection (2) below are exercisable where--

(a) an order under section 12(1)(b) of this Act applies to the area of a local education authority, and

(b) the Secretary of State is of the opinion that the schools providing relevant education which are available for the area are not sufficient for the purposes of section 8 of the [1944 c. 31.] Education Act 1944 and that additional provision for relevant education should be made in maintained schools in the area.

(2) The Secretary of State may--

(a) by an order under this paragraph direct the local education authority to exercise their powers to make proposals for the establishment, alteration or discontinuance of schools, and

(b) in the case of any voluntary school in the area, by an order under this paragraph direct the governing body to exercise their powers to make proposals for the alteration of their school,

in the case of any such order with a view to securing that provision is made for such additional number of pupils in the area as may be specified in the order.

(3) An order under subsection (2) above shall--

(a) require the proposals to be published or, as the case may be, notice of the proposals to be served not later than such date as may be specified in the order, and

(b) require the proposals to apply such principles in giving effect to the direction as may be specified in the order.

(4) An order under subsection (2)(a) above may not require the proposals to relate to any named school.

(5) Paragraph 7 of Schedule 2 to this Act does not apply in relation to the implementation of any proposals under section 12 of the [1980 c. 20.] Education Act 1980 where the Secretary of State has made an order under subsection (2) above.

234 Publication of proposals by the Secretary of State

(1) Where--

(a) the Secretary of State has in relation to the area of any local education authority made an order under section 232(1) or (2) of this Act directing the local education authority, the funding authority or the governing body of a voluntary school to make proposals for the establishment, alteration or discontinuance of schools or, as the case may be, for the alteration of their school, and

(b) the time allowed under the order, and under any other order under that section relating to that area, for the publication of the proposals or, as the case may be, the service of notice of the proposals has expired,

he may make in such manner as may be prescribed any such proposals as might have been made in accordance with the order or orders relating to that area by the person or persons to whom the directions were given.

(2) Proposals made under this section shall--

(a) include particulars of the proposed time or times of implementation of the proposals, and

(b) except where they are proposals to cease to maintain or discontinue any school or relate to a special school--

(i) include particulars of the number of pupils proposed to be admitted to the school to which the proposals relate in each relevant age group in the first school year in relation to which the proposals have been wholly implemented, and

(ii) if, in the case of a grant-maintained school, pupils are proposed to be admitted for nursery education, give the prescribed information.

(3) For the purposes of subsection (2)(b) above admission to a maintained school for nursery education shall be disregarded; and section 155(4) to (6) of this Act applies for the purposes of that subsection as it applies for the purposes of Part II of this Act.

(4) Proposals made under this section shall be accompanied by a statement which--

(a) describes any effect the implementation of the proposals would have on provision at the school for pupils who have special educational needs, and

(b) explains the effect of subsection (5) below.

(5) Within the period of one month beginning with the date on which the proposals are made, objections to the proposals may be made by any of the following--

(a) if the proposals affect the provision of education to which section 2(1) of the [1992 c. 13.] Further and Higher Education Act 1992 applies, the appropriate further education funding council,

(b) any ten or more local government electors for the area,

(c) the governing body of any school affected by the proposals and, in the case of a voluntary school, the person or persons who are named in the school's instrument of government as being entitled to appoint foundation governors (within the meaning of the [1944 c. 31.] Education Act 1944), and

(d) any local education authority concerned.

(6) Where--

(a) an order under section 12 of this Act applies to the area of a local education authority, and

(b) the Secretary of State makes proposals under this section which affect the provision of relevant education in the area,

the funding authority shall be included among the persons who may submit objections to the proposals.

(7) The reference in subsection (5) above to the date on which the proposals are made is to the date on which the prescribed requirements in respect of the proposals are satisfied.

235 Public inquiry into proposals

(1) This section applies where in relation to the area of any local education authority the Secretary of State has made proposals under section 234 of this Act, otherwise than in pursuance of section 236(1) of this Act, which he has not withdrawn.

(2) If objections have been made under section 234(5) of this Act within the period allowed under that subsection, then, unless all objections so made have been withdrawn in writing within that period, the Secretary of State shall cause a local inquiry to be held to consider his proposals, any proposals he refers to the inquiry and any objections.

(3) Any proposals referred to a local inquiry under this section require the approval of the Secretary of State (if they would not require such approval apart from this subsection).

(4) Where the Secretary of State has a duty to cause a local inquiry to be held under this section, he shall refer to the inquiry any proposals--

(a) made by him in relation to the area of the local education authority (and not withdrawn) but in respect of which he is not required under this section to cause a local inquiry to be held,

(b) made by the local education authority, or made in relation to the area by the funding authority, in the exercise of their powers to make proposals for the establishment, alteration or discontinuance of schools (and not withdrawn), or

(c) made by the governing body of any voluntary school in the area in exercise of their powers to make proposals for the alteration of their school (and not withdrawn),

which are not determined before he causes the inquiry to be held and appear to him to be related to the proposals made under section 234 of this Act in respect of which he is required under this section to cause the inquiry to be held.

(5) Subsection (4) above does not require the Secretary of State to refer any proposals to the inquiry if, before he causes the inquiry to be held, he forms the opinion that the proposals ought to be implemented unless, before the proceedings on the inquiry are concluded or (if earlier) the proposals are determined, he subsequently forms a different opinion.

(6) It shall not be open to the inquiry to question the principles specified in the order under section 232 or 233 of this Act.

(7) Section 250(2) to (5) of the [1972 c. 70.] Local Government Act 1972 (giving evidence at and defraying costs of inquiries) applies to inquiries held under this section.

(8) References in this section to the determination of any proposals are to any determination whether or not to approve, adopt or implement the proposals under section 12 or 13 of the [1980 c. 20.] Education Act 1980, Part II of this Act or section 184 of this Act.

236 Adoption of proposals and approval of related proposals

(1) Where the Secretary of State has made proposals under section 234 of this Act in respect of which he is required to cause a local inquiry to be held, he may when he has considered the report of the person appointed to hold the inquiry do one or more of the following--

(a) adopt, with or without modifications, or determine not to adopt the proposals or any other proposals made by him under that section which he referred to the inquiry,

(b) approve, with or without modifications, or reject any other proposals which he referred to the inquiry, and

(c) make any such further proposals under section 234 of this Act as might have been made in accordance with the order or orders relating to the area of the local education authority concerned by the person or persons to whom the directions were given.

(2) Where the Secretary of State has made proposals under section 234 of this Act in respect of which he is not required to cause a local inquiry to be held and which he is not required to refer to such an inquiry, he may, after considering any objections made (and not withdrawn) under subsection (5) of that section within the period allowed under that subsection, adopt, with or without modifications, or determine not to adopt, the proposals.

(3) Proposals adopted by the Secretary of State under this section shall have effect--

(a) if they relate to a maintained school, as if they had been--

(i) made by the local education authority under their powers to make proposals for the establishment, alteration or discontinuance of schools, or

(ii) in the case of a voluntary school, made by the governing body under their powers to make proposals for the alteration of their school,

and approved by the Secretary of State under section 12 or 13 of the Education Act 1980 or, as the case may be, section 184 of this Act, and

(b) if they relate to a grant-maintained school, as if they had been made by the funding authority under those powers and approved by the Secretary of State under Part II of this Act or, as the case may be, section 184 of this Act;

and the provisions of the Education Act 1980, or Part II or section 185 of this Act, relating to the approval of particulars of premises or proposed premises of schools shall have effect accordingly.

237 Supplementary provisions

(1) An order under section 232 or 233 of this Act may not require any significant change to be made in the religious character of a voluntary school.

(2) Where the governing body of a voluntary school make any proposals in pursuance of an order under section 232 or 233 of this Act--

(a) the person or persons who are named in the school's instrument of government as being entitled to appoint foundation governors (within the meaning of the [1944 c. 31.] Education Act 1944) shall be included among the persons who may submit objections to the proposals, and

(b) the local education authority shall re-imburse any expenditure reasonably incurred by the governing body in making the proposals.

(3) Proposals made in pursuance of an order under section 232 of this Act may not be withdrawn without the consent of the Secretary of State and such consent may be given on such conditions (if any) as the Secretary of State considers appropriate.

(4) Where--

(a) proposals made by the governing body of a voluntary school in pursuance of an order under section 232 or 233 of this Act are approved, or

(b) proposals adopted by the Secretary of State under section 236 of this Act have effect as mentioned in subsection (3)(a)(ii) of that section,

then, notwithstanding anything in section 13(5) of the [1980 c. 20.] Education Act 1980, the local education authority shall defray the cost of implementing the proposals.

(5) Notwithstanding anything in section 23 of this Act, a county or voluntary school is not eligible for grant-maintained status--

(a) if the local education authority have made any proposals in pursuance of an order under section 232 of this Act to cease to maintain the school which have not been withdrawn and no determination whether or not to approve or implement the proposals has been made under section 12 of the Education Act 1980 or section 236 of this Act, or

(b) if the Secretary of State has made any proposals under section 234 of this Act for the local education authority to cease to maintain the school which have not been withdrawn and no determination whether or not to adopt the proposals has been made under section 236 of this Act.

(6) Section 273(4) and (5) of this Act does not apply in relation to any proposals under section 12(1)(d) or 13(1)(b) of the Education Act 1980 made in pursuance of an order under section 232 of this Act.

(7) In sections 232 to 236 of this Act, "powers to make proposals for the alteration of their school", in relation to the governing body of a voluntary school, means their powers to publish proposals under section 13(1)(b) of the Education Act 1980.

(8) In sections 232 to 236 of this Act--

(a) "powers to make proposals for the establishment, alteration or discontinuance of schools" means--

(i) in relation to the local education authority, all or any of the powers to publish proposals under section 12 of the Education Act 1980,

(ii) in relation to the funding authority, all or any of the powers to publish proposals under sections 48, 97 or 105 of this Act, and

(iii) in relation to either authority, the power to serve notice of proposals under section 183 of this Act,

(b) references to maintained schools include maintained special schools established in hospitals, and

Incorporation of governing bodies

238 Incorporation of governing bodies

(1) A governing body constituted in pursuance of Part I of the [1986 c. 61.] Education (No. 2) Act 1986 (county, voluntary and maintained special schools) on or after the appointed day shall be constituted as a body corporate.

(2) A governing body so constituted before that day shall, as constituted on that day, become on that day a body corporate.

(3) On the incorporation of a governing body by virtue of subsection (2) above, any property, rights or liabilities attributable to the governing body immediately before incorporation shall be transferred to, and by virtue of this section vest in, the body corporate.

(4) For the purposes of subsection (3) above, property, rights or liabilities are attributable to a governing body if--

(a) in the case of any land or other property, it was held by or on behalf of any persons as members or former members of the governing body, and

(b) in the case of rights or liabilities, they were acquired or incurred by or on behalf of any such persons,

and are so held or, as the case may be, they subsist immediately before the incorporation of the governing body.

(5) A governing body incorporated by virtue of this section shall be known as "The governing body of ..." with the addition of the name of the school.

(6) The application of the seal of any such governing body must be authenticated by the signature--

(a) of the chairman of the governing body, or

(b) of some other member authorised either generally or specially by the governing body to act for that purpose,

together with the signature of any other member.

(7) Every document purporting to be an instrument made or issued by or on behalf of any such governing body and--

(a) to be duly executed under the seal of the governing body, or

(b) to be signed or executed by a person authorised by the governing body to act 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.

(8) References in subsections (1) and (2) above to a governing body do not include a temporary governing body constituted under arrangements made under that Act.

(9) Schedule 13 to this Act (provisions supplementary to this section and section 239 of this Act) shall have effect.

(10) In this and that section and that Schedule, "appointed day" means the day appointed under section 308(3) of this Act for the commencement of this section.

Pages: P.1 | P.2 | P.3 | P.4 | P.5 | P.6 | P.7 | P.8 | P.9 | P.10 | P.11 | P.12 | P.13 | P.14 | P.15 | P.16 | P.17 | P.18 | P.19 | P.20 | P.21 | P.22 | P.23 | P.24

-- Back --

Stat