Education Act 1996

Part I E+W General

Articles of government for new schools E+W

1 (1) The requirement for there to be articles of government for a school (imposed by section 127) shall not apply in relation to a new school until the requirement for there to be an instrument of government for the school takes effect under section 99. E+W

(2) Before making an order under section 127 as to the articles of government for a new school, the [F1 local authority] shall consult the temporary governing body and the head teacher.

(3) Before making such an order in respect of a new school which will be a voluntary school, the authority shall—

(a) secure the agreement of the temporary governing body to the terms of the proposed order, and

(b) secure the agreement of the temporary foundation governors to any provisions which are of particular concern to those governors.

(4) Where a [F1 local authority] propose to make an order under section 127 in respect of a new school but cannot secure any agreement required by this paragraph, they or (as the case may be) the temporary governing body or temporary foundation governors may refer the matter to the Secretary of State.

(5) On a reference to him under this paragraph, the Secretary of State shall give such direction as he thinks fit.

Textual Amendments

F1 Words in Act substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), Sch. 2 para. 7(2) (with Sch. 2 para. 7(4)(5))

Modifications etc. (not altering text)

C1 Sch. 19 para. 1(1) modified (1.1.1999) by S.I. 1998/3097, reg. 6

2 E+W Section 129(2) (amendment of articles) shall not apply in relation to a new school; but if the articles of government for a new county or voluntary school contain any provisions to which section 129(1) would apply during any period when the school had a delegated budget (“inconsistent provisions”) they shall also include in relation to each inconsistent provision the statement required by section 129(3).

Conduct of new schools: general E+W

3 E+W The determination of those matters relating to the conduct of a new school which require to be determined before a governing body is constituted for the school under an instrument of government shall be under the direction of the temporary governing body, but subject to any provision made by or under this Act (including, in particular, this Schedule) or any other enactment.

Modifications etc. (not altering text)

C2 Sch. 19 para. 3 modified (1.1.1999) by S.I. 1998/3097, reg. 7

4 E+W Regulations may make in relation to consultation with temporary governing bodies provision similar to the provision that may be made in relation to consultation with governing bodies by regulations under section 131 (consultation not required in urgent cases).