Part 1 E+WChildren and schools

Powers of governing bodies E+W

5 Power to form company to establish Academy, etc E+W

(1) The governing body of a maintained school in England may—

(a) form, or participate in forming, a company to enter into [F1 Academy arrangements ], and

(b) do anything which appears to them to be necessary or expedient in connection with a proposal that [F2 Academy arrangements] be entered into with a company formed (or proposed to be formed) by them under paragraph (a).

References in this subsection to a company are to a company registered under the Companies Act 2006 as a company limited by guarantee.

(2) The governing body of a maintained school in England—

(a) may be a member of a company which they have formed, or participated in forming, under subsection (1)(a), and

(b) may be a member of a company which is not within paragraph (a) but which is party to [F3 Academy arrangements ].

(3) The power conferred by subsection (1)(b) includes, in particular, power—

(a) to incur expenditure;

(b) to enter into arrangements or agreements with any person.

(4) This section is not to be read as limiting any powers that the governing body of a maintained school have otherwise than by virtue of this section.

(5) In this section “maintained school” means a community, foundation or voluntary school or a community or foundation special school.

Textual Amendments

F1 Words in s. 5(1)(a) substituted (29.7.2010) by Academies Act 2010 (c. 32), s. 19(2), Sch. 2 para. 26(2)(a); S.I. 2010/1937, art. 2, Sch. 1

F2 Words in s. 5(1)(b) substituted (29.7.2010) by Academies Act 2010 (c. 32), s. 19(2), Sch. 2 para. 26(2)(b); S.I. 2010/1937, art. 2, Sch. 1

F3 Words in s. 5(2)(b) substituted (29.7.2010) by Academies Act 2010 (c. 32), s. 19(2), Sch. 2 para. 26(3); S.I. 2010/1937, art. 2, Sch. 1

Commencement Information

I1 S. 5 in force at 19.7.2010 by S.I. 2010/1817, art. 2