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School Standards and Framework Bill - continued        House of Commons

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SCHEDULE 10
 
  INCORPORATION OF GOVERNING BODIES
 
Introductory
     1. - (1) In the following paragraphs of this Schedule "the governing body" means the governing body of a maintained school incorporated under section 35(1).
 
      (2) Where an existing school becomes a maintained school on the appointed day in accordance with Schedule 2, the governing body of the school-
 
 
    (a) shall continue in existence as a body corporate; and
 
    (b) shall so continue in existence as if incorporated under section 35(1);
  but as from that day (subject to such exceptions as may be prescribed) the name of the governing body shall conform with paragraph 2 below and the constitution of the governing body shall conform with Part II of Schedule 9.
 
      (3) For the purposes of sub-paragraph (2) the governing body of each such existing school shall be reconstituted under the instrument of government required by paragraph 6 of Schedule 12 by the end of such period as may be prescribed.
 
      (4) Regulations may make such provision as the Secretary of State considers necessary or expedient in connection with the reconstitution of governing bodies in pursuance of sub-paragraph (3).
 
      (5) Such regulations may include provision with respect to-
 
 
    (a) cases where a governing body have not been or will not be so reconstituted by the appointed day; and
 
    (b) cases where schools are grouped under a single governing body.
      (6) In this paragraph "existing school" means-
 
 
    (a) a county, controlled, aided or special agreement school or a maintained special school, or
 
    (b) a grant-maintained or grant-maintained special school,
  within the meaning of the Education Act 1996.
 
 
Name and seal of governing body
     2. - (1) The governing body shall be known as "The governing body of ..." with the addition of the name of the school as for the time being set out in the school's instrument of government.
 
      (2) The application of the seal of the 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.
 
      (3) Every document purporting to be an instrument made or issued by or on behalf of the 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.
 
 
Powers of governing body
     3. - (1) The governing body may do anything which appears to them to be necessary or expedient for the purposes of, or in connection with, the conduct of the school.
 
      (2) The governing body may in particular-
 
 
    (a) borrow such sums as the governing body think fit and, in connection with such borrowing, grant any mortgage, charge or other security over any land or other property of the governing body;
 
    (b) acquire and dispose of land and other property;
 
    (c) enter into contracts;
 
    (d) invest any sums not immediately required for the purposes of carrying on any activities they have power to carry on;
 
    (e) accept gifts of money, land or other property and apply it, or hold and administer it on trust, for any of those purposes; and
 
    (f) do anything incidental to the conduct of the school.
      (3) The power to borrow sums and grant security mentioned in sub-paragraph (2)(a) may only be exercised with the written consent-
 
 
    (a) of the Secretary of State, or
 
    (b) if an order under sub-paragraph (4) so provides, of the local education authority;
  and any such consent may be given for particular borrowing or for borrowing of a particular class.
 
      (4) The Secretary of State may by order make provision for his function of giving consent under sub-paragraph (3) to be instead exercisable-
 
 
    (a) in the case of all maintained schools, or
 
    (b) in the case of any class of such schools specified in the order,
  by the local education authorities by whom those schools are maintained.
 
      (5) In exercising that function those authorities shall comply with any directions contained in an order made by the Secretary of State.
 
      (6) The power to dispose of land mentioned in sub-paragraph (2)(b) may only be exercised with the written consent of the Secretary of State.
 
      (7) Where the school is a foundation, voluntary aided or foundation special school, the power to enter into contracts mentioned in sub-paragraph (2)(c) includes power to enter into contracts for the employment of teachers and other staff; but no such contracts may be entered into by the governing body of a community, voluntary controlled or community special school.
 
      (8) Sub-paragraphs (1) and (2) have effect subject to-
 
 
    (a) any provisions of the school's instrument of government; and
 
    (b) any provisions of a scheme under section 46 which relates to the school.
 
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Prepared 4 December 1997