Education Act 1989

Before its repeal, this Act was administered by: Ministry of Education
  • repealed
  • Education Act 1989: repealed, on 1 August 2020, by section 669(3)(b) of the Education and Training Act 2020 (2020 No 38).
156AB Election or appointment of boards of continuing schools

(1)

If the notice under section 156A(4) provides that the board of the continuing school is to be a continuing board,—

(a)

the board of the continuing school must, within 28 days after the date of that notice, co-opt at least 1 trustee in respect of each of the merging schools so that each merging school is represented on the continuing board; and

(b)

each of those co-opted trustees holds office until the end of the interim period (unless replaced earlier); and

(c)

section 100 (which limits the co-option and appointment of trustees) does not apply to trustees co-opted for an interim period.

(2)

If the notice under section 156A(4) provides that the board of the continuing school is to be an appointed board,—

(a)

the notice must specify the constitution of the appointed board during the interim period, including how many trustees (if any) the board may co-opt; and

(b)

the Minister is not bound by section 94 in determining the constitution of the appointed board.

(3)

When a board is appointed by the Minister,—

(a)

the trustees of the continuing school go out of office at the close of the day before the start of the interim period; and

(b)

the trustees of the appointed board take office on the date of the start of the interim period.

(4)

A continuing board or an appointed board may make decisions and exercise powers during the interim period both for the purposes of the continuing school before the merger and for the purpose of providing and preparing for the continuing school after the merger has taken effect.

(5)

Unless the board of the continuing school was (immediately before the merger took effect) a combined board established under section 110, an appointed board or a continuing board that replaces it must hold elections for a new board on a day that is not later than 3 months after the date the merger takes effect.

(6)

If an appointed board or a continuing board is required by subsection (5) to hold elections for a new board, all its elected, appointed, and co-opted trustees holding office immediately before the election day go out of office on the close of the day before the date on which the newly elected trustees are to take office.

(7)

If the merger takes effect after 31 October in the year before an election year and before 31 December in that election year, a board that is required to hold an election under subsection (5) does not have to hold the election until the next election year.

Section 156AB: inserted, on 13 June 2013, by section 30 of the Education Amendment Act 2013 (2013 No 34).

Section 156AB(1)(c): amended, on 19 May 2017, by section 117 of the Education (Update) Amendment Act 2017 (2017 No 20).