Office of Public Sector Information

Section 99.

SCHEDULE 10 Transition from temporary governing body to governing body constituted under an instrument of government

Time limit for constitution of governing body

1 The local education authority shall secure that the governing body of a new school are constituted—

(a) as soon as is reasonably practicable after the requirement for there to be an instrument of government for the school takes effect under section 99, and

(b) in any event not later than the last day of the term in which pupils first attend the new school or (as the case may be) first attend the school after it becomes maintained by the authority.

Status of temporary governing body pending constitution of governing body

2 Where the requirement for there to be an instrument of government for a new school has taken effect under section 99, the temporary governing body shall, until such time as the governing body are constituted—

(a) continue in existence (despite the fact that the arrangement under which they were constituted has come to an end under section 96 or 97); and

(b) be treated as if they were the governing body.

Role of temporary governing body as regards constitution of governing body

3 (1) Before making an order under section 76 as to the instrument of government for a new school, the local education authority shall consult the temporary governing body and the head teacher.

(2) 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.

(3) Where a local education authority propose to make an order under section 76 as to the instrument of government for 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.

(4) On a reference under sub-paragraph (3), the Secretary of State shall give such direction as he thinks fit.

4 (1) A temporary governing body shall recommend (with reasons) persons who belong to the community served by the new school and who are, in their opinion, suitable for appointment as co-opted members of the governing body who will succeed them.

(2) Before making any recommendations under this paragraph, a temporary governing body shall consult representatives of the local business community.

Initial constitution of governing body

5 (1) When the requirement for there to be an instrument of government for a new school takes effect under section 99, sub-paragraph (2) shall apply for the purposes of the application of section 79, 80, 84 or 85 in relation to the constitution of the school’s governing body.

(2) Where this sub-paragraph applies, the school shall be treated as having as registered pupils the maximum number of pupils referred to in the relevant proposals.

(3) Subject to sub-paragraph (4), sub-paragraph (2) shall, as from the time when the governing body is first constituted, continue to apply for the purposes of determining what provision would be required to be made by a new instrument of government for the school.

(4) Sub-paragraph (2) shall cease so to apply in relation to the school at such time as—

(a) the number of registered pupils at the school reaches the maximum referred to in that sub-paragraph; or

(b) the local education authority give any direction by virtue of sub-paragraph (5).

(5) The instrument of government for a school in relation to which sub-paragraph (2) applies when the instrument is made shall provide for the local education authority to have power to direct that sub-paragraph (2) shall cease to apply in relation to the school.

Information about temporary governing body for successors

6 (1) Immediately before the arrangement under which a temporary governing body are constituted comes to an end under section 96 or 97, they shall prepare, for the purpose of assisting the governing body who will succeed them, a brief report of the action which they have taken in the discharge of their functions.

(2) All minutes and papers of a temporary governing body, including the report prepared under sub-paragraph (1), shall be made available to their successors.

Sections 122 and 124.

SCHEDULE 11 Contents of statements under section 122(2) and section 124(1)

Part I Statements under section 122(2)

1 (1) This Part of this Schedule applies to any statement prepared by a local education authority under section 122(2).

(2) In this Part of this Schedule “the scheme” means the scheme referred to in section 122(1).

2 The statement shall contain the following particulars in respect of the financial year to which it relates—

(a) the amount of the authority’s general schools budget for the year (as initially determined for the purposes of the scheme),

(b) the amount of the authority’s aggregated budget for the year under the scheme (as so determined),

(c) such particulars as may be prescribed of amounts deducted in respect of excepted heads or items of expenditure (as defined in section 105(3)) in arriving at the amount specified in the statement by virtue of sub-paragraph (b),

(d) such particulars as may be prescribed of amounts deducted by virtue of section 105(1)(b) in arriving at the amount so specified, and

(e) such particulars of the allocation formula under the scheme as may be prescribed.

3 (1) The statement shall also contain, with respect to each school required to be covered by the scheme in the year in question, particulars in relation to that year of the planned expenditure per pupil arising from the division of the school’s budget share (as initially determined for the purposes of the scheme) by the initial pupil number.

(2) In sub-paragraph (1) “the initial pupil number” means the number of registered pupils at the school in question which is required under the scheme to be used in applying the allocation formula under the scheme for initial determination of the school’s budget share for the year.

4 The statement shall contain such further information in respect of the financial provision the authority plan to make in the year in question for county and voluntary schools maintained by them as may be prescribed.

Part II Statements under section 124(1)

5 (1) A statement prepared by a local education authority under section 124(1) shall give the following particulars in respect of the financial year to which it relates—

(a) the initial amount appropriated for meeting expenditure in the year in respect of all the schools required to be covered by the statement,

(b) the amount remaining after deducting from that initial amount the aggregate of the amounts referred to in sub-paragraph (2), and

(c) such particulars as may be prescribed of the amounts referred to in sub-paragraph (2).

(2) Those amounts are the initial amounts appropriated for meeting the following descriptions of expenditure in the year in respect of all the schools required to be covered by the statement—

(a) expenditure treated by the authority as expenditure of a capital nature,

(b) expenditure in respect of the repayment of the principal of, the payment of interest on and the discharge of any other financial obligation in connection with any loan used to meet expenditure falling within paragraph (a), and

(c) expenditure of such other descriptions as may be prescribed.

6 (1) The statement shall also give, in relation to each school required to be covered by it, the following particulars in respect of the year—

(a) the share of the general expenditure amount which is appropriated by the authority for meeting expenditure for the purposes of the school,

(b) the share which is so appropriated of such of the amounts referred to in paragraph 5(2)(c) as may be prescribed,

(c) the amount of any expenditure initially planned for the purposes of the school and treated by the authority as expenditure of a capital nature, and

(d) such particulars as may be prescribed of the basis on which the authority determine the shares specified in the statement by virtue of paragraphs (a) and (b).

(2) In sub-paragraph (1) “the general expenditure amount” means the amount of which particulars are required to be given by paragraph 5(1)(b).

7 The statement shall contain such further information in respect of the financial provision initially planned by the authority for the schools required to be covered by the statement as may be prescribed.

8 Where only one school is required to be covered by the statement, the references in paragraph 5 to all the schools are references to that school and paragraph 6 does not apply.