Q&As

For the purposes of serving a claim form under CPR 6.9, does a federated governing body of a local authority schools federation with a formal instrument of government constitute a ‘corporation (other than a company) incorporated in England and Wales’, or is it classed as ‘any other company or corporation’?

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Produced in partnership with Timothy Earl of Suffolk Council
Published on LexisPSL on 18/09/2017

The following Dispute Resolution Q&A produced in partnership with Timothy Earl of Suffolk Council provides comprehensive and up to date legal information covering:

  • For the purposes of serving a claim form under CPR 6.9, does a federated governing body of a local authority schools federation with a formal instrument of government constitute a ‘corporation (other than a company) incorporated in England and Wales’, or is it classed as ‘any other company or corporation’?

For the purposes of serving a claim form under CPR 6.9, does a federated governing body of a local authority schools federation with a formal instrument of government constitute a ‘corporation (other than a company) incorporated in England and Wales’, or is it classed as ‘any other company or corporation’?

The relevant regulations for the governance of schools in a federation is the School Governance (Federations) (England) Regulations 2012, SI 2012/1035 (the School Governance Regulations).

The School Governance Regulations, SI 2012/1035, reg 5 defines ‘governing body’ for a federation of schools as ‘a governing body incorporated under section 19(1) of the Education Act 2002 or these Regulations as appropriate’. This incorporation of the governing body is confirmed in School Governance Regulations, SI 2012/1035, reg 13 which is titled ‘Incorporation of governing bodies of federations and dissolution of former governing bodies’, where School Governance Regulations, SI 2012/1035, reg 13(1)(b) states that: ‘On the federation date—the governing body of the federation is incorporated’.

Therefore, as the

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