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Education Act 1996

Type Public General Act

Publication 1996-07-24

Last updated 2026-08-18

State In force

Department Statute Law Database

Source legislation.gov.uk

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(a) where any person is proposed as a sponsor of the school, state the name of that person and the number of sponsor governors to be appointed by him (in accordance with section 229),

(b) specify the number of initial first or, as the case may be, foundation governors proposed for the governing body (in accordance with sections 226 to 228),

(c) specify the number of parent and teacher governors proposed for the governing body (in accordance with sections 223 and 224),

(d) specify in the case of initial first, initial foundation or sponsor governors their proposed term of office (not being less than five nor more than seven years),

(e) where it is proposed that any foundation governorship be held ex officio, specify the relevant office,

(f) give the name under which it is proposed that the governing body should be incorporated under section 215, and

(g) specify the proposed incorporation date and the proposed date of implementation of the proposals.

(2) The proposals shall describe the arrangements it is proposed to adopt in respect of the admission of pupils to the school and, in particular, shall specify the number of pupils proposed to be admitted to the school in each relevant age group in the first school year beginning on or after the date of implementation of the proposals and, if pupils are proposed to be admitted for nursery education, give the prescribed information.

Statement to be annexed to proposals

8

There shall be annexed to any proposals published under section 211 or 212 a statement briefly describing the intended character of the proposed school including, in the case of proposals published under section 212 for a school which is intended to have a particular religious character, that character and the religion or religious denomination (if any) in accordance with whose tenets religious education is to be provided.

Statement to accompany published proposals

9

Any proposals published under section 211 or 212 shall be accompanied by a statement explaining the effect of paragraph 10 or (as the case may be) paragraph 11.

Objections

10

(1) Within the period of two months beginning with the date of publication of any proposals under section 211, objections to the proposals may be submitted to the funding authority by any of the following—

(a) any ten or more local government electors for the area,

(b) the governing body of any school affected by the proposals,

(c) the appropriate further education funding council (if the proposals are for a school which may provide education to which section 2(1) of the Further and Higher Education Act 1992 applies), and

(d) any local education authority concerned.

(2) Within one month after the end of the period mentioned in sub-paragraph (1), the funding authority shall send to the Secretary of State copies of any objections made under that sub-paragraph (and not withdrawn in writing) within that period, together with their observations on them.

11

Within the period of two months beginning with the date of publication of any proposals under section 212, objections to the proposals may be submitted to the Secretary of State by any of the following—

(a) any ten or more local government electors for the area,

(b) the governing body of any school affected by the proposals,

(c) the appropriate further education funding council (if the proposals affect the provision of education to which section 2(1) of the Further and Higher Education Act 1992 applies),

(d) the funding authority (except, in relation to Wales, before the Schools Funding Council for Wales begin to exercise their functions), and

(e) any local education authority concerned.

Approval of school premises

12

(1) Where proposals for the establishment of a new grant-maintained school are published under section 211, the funding authority shall prepare the particulars in respect of the proposed premises of the school mentioned in sub-paragraph (3).

(2) Where proposals for the establishment of a new grant-maintained school are published under section 212, the particulars in respect of the proposed premises of the school mentioned in sub-paragraph (3) shall be submitted to the funding authority, at such time and in such form and manner as the authority may direct, by the promoters.

(3) The particulars are—

(a) particulars of the provision made or to be made in respect of the means of access to and within the proposed premises of the school, and

(b) such other particulars in respect of the proposed premises of the school as may be required or, in the case of proposals published under section 212, as the funding authority may require.

(4) The particulars prepared or submitted under sub-paragraph (3)(a) shall indicate the extent to which the provision referred to conforms with the minimum requirements, so far as they are relevant to school premises, of—

(a) Design Note 18 “Access for Disabled People to Educational Buildings” published in 1984 on behalf of the Secretary of State, or

(b) (if that Note has been replaced by a document prescribed by regulations made or having effect as if made under the Town and Country Planning Act 1990) that document.

SCHEDULE 21

Introductory

1

The functions conferred by or under paragraphs 2 to 5 on the new governing body or any members of the body—

(a) may be exercised by them at any time during the period beginning with the incorporation date and ending immediately before the date of implementation of the proposals, but

(b) may be exercised only for the purpose of or in connection with the conduct of the school on or after the date of implementation of the proposals,

and those functions shall be exercised in accordance with any requirements of regulations (or, in the case of paragraph 3 or 5, of the directions or order in question) as to the circumstances, manner and conditions of their exercise.

Powers to contract, etc.

2

The new governing body may—

(a) enter into contracts including, in particular, contracts for the employment of teachers and other staff, and

(b) acquire and dispose of land and other property.

Access to school

3

Any member of, or person authorised by, the new governing body shall, if the Secretary of State directs that this paragraph applies in relation to the school, be entitled to have access to and use the premises of the school.

Information

4

(1) If the new governing body request the existing governing body or the local education authority in writing to provide them with such information falling within sub-paragraph (2) as may be prescribed, the existing governing body or, as the case may be, the authority shall comply with the request.

(2) Information falls within this sub-paragraph if—

(a) it is held by the existing governing body or, as the case may be, the local education authority, and

(b) it relates to the school, including persons employed to work at the school and pupils at the school.

General powers of Secretary of State

5

(1) The Secretary of State may by order make such provision as he considers appropriate in connection with the school’s transition to grant-maintained status and the impending transfer of responsibility for the conduct of the school.

(2) An order under sub-paragraph (1) may in particular provide for any provision of this Act specified in the order to have effect as if references to the governing body included the new governing body.

(3) Such an order may in particular—

(a) exclude or modify any powers of the local education authority or of the existing governing body in relation to any matter to which any power exercisable by the new governing body in accordance with any provision made by virtue of sub-paragraph (2) applies,

(b) require the new governing body to be consulted before the local education authority or the existing governing body exercise in relation to the school any function of a description specified in the order or take in relation to the school any action of a description so specified, and

(c) require or enable the new governing body to participate in the exercise in relation to the school of any such function or the taking in relation to the school of any such action.

Grants to new governing body

6

(1) The funding authority may make grants to the new governing body of a school in respect of expenditure incurred or to be incurred by that body in pursuance of any provision made by or under paragraphs 2 to 5 in respect of the period beginning with the incorporation date and ending immediately before the date of implementation of the proposals.

(2) The funding authority may impose on a new governing body to whom such a grant is made such requirements as they may from time to time determine (whether before, at or after the time when the grant is made).

(3) Such requirements may, in particular, if any conditions specified in the requirements are satisfied, require the payment to the funding authority of the whole or any part of the following amount.

(4) That amount is—

(a) the amount of the payments made in respect of the grant, or

(b) so much of the value of any premises or equipment in respect of which the grant was paid as is determined in accordance with the requirements to be properly attributable to the payment of such grant,

whichever is the greater.

Liability for expenses of new governing body

7

The duty of a local education authority to maintain any school shall not apply in relation to any expenses incurred by the new governing body of the school.

SCHEDULE 22 — Governing bodies of grant-maintained schools

Introductory

1

In this Schedule—

“school” means a grant-maintained school, and

“instrument”, in relation to a school, means the instrument of government for the school.

Election of governors

2

The instrument for a school may make provision—

(a) as to the procedure for the election of members of the governing body, and

(b) for the determination of any questions arising in connection with, or matters relating to, such elections.

Disqualification for, tenure of and removal from office

3

A person who is a member of the teaching or other staff at a school which is required to have first governors shall be disqualified for holding office as such a governor on the governing body.

4

The instrument for a school may make provision as to the circumstances in which persons are to be disqualified for holding office as members of the governing body.

5

Subject to paragraph 10, the instrument for a school must provide for each governor of an elected category to hold office for a term of four years.

6

(1) Subject to paragraph 10, the instrument for a school must make the following provision for the term of office of—

(a) first or, as the case may be, foundation governors, other than a foundation governor who is a governor ex officio, and

(b) where there are sponsor governors, those governors.

(2) Except where sub-paragraph (3), (4) or (5) applies, such a governor is to hold office for such term (not being less than five nor more than seven years) as may be specified in the instrument.

(3) The initial instrument must provide, except where sub-paragraph (4) or (5) applies—

(a) subject to paragraph (b), for such a governor to hold office for such term as was specified in the proposals for acquisition of grant-maintained status or, as the case may be, the proposals for the establishment of a new grant-maintained school as the proposed term of office for initial governors of the category in question, and

(b) in the case of a governing body incorporated in pursuance of proposals for the establishment of a new grant-maintained school which name a person as a sponsor of the school, for any sponsor governor to hold office for such term as was specified as the proposed term of office for such governors in those proposals.

(4) Any additional first or foundation governor appointed in pursuance of provision made in the instrument by virtue of section 230(2) is to hold office for such term (not being more than five years) as may be specified in the terms of that governor’s appointment.

(5) Any first governor appointed in pursuance of provision made in the instrument by virtue of section 227 is to hold office for such term (not being less than five nor more than seven years) as may be specified in the terms of his appointment.

7

No provision made in the instrument by virtue of paragraph 5, 6 or 10 shall be taken to prevent a governor—

(a) from being elected or appointed for a further term, or

(b) from being disqualified, by virtue of paragraph 3 or any provision made by virtue of paragraph 4, for continuing to hold office.

8

The instrument for a school must provide that any member of the governing body may at any time resign his office.

9

(1) The instrument for a school must provide that any foundation governor (other than one holding office ex officio) and any sponsor governor may be removed from office by the person or persons who appointed him.

(2) For the purposes of this paragraph, an initial foundation governor shall be treated as having been appointed by the person or persons entitled to appoint foundation governors under provision included in the instrument in accordance with section 228(7)(b).

Initial appointments: terms of office

10

(1) The instrument for a school must, until every initial governor has ceased to hold office, make the provision required by sub-paragraphs (2) and (3).

(2) In the case of a governing body incorporated under Chapter II of Part III—

(a) an initial governor of an elected category who was a governor of that category on the governing body of the school immediately before the incorporation date shall hold office for the remainder of his term of office on the former governing body, and

(b) an initial governor of an elected category who was elected under section 234, or elected or nominated under section 237 to hold office as such, shall hold office for a term of four years.

(3) An initial first governor, initial foundation governor (other than a foundation governor who is a governor ex officio) or initial sponsor governor shall hold office for such term (not being less than five nor more than seven years) beginning with the incorporation date as may be specified as his proposed term of office in the proposals for acquisition of grant-maintained status or, as the case may be, the proposals for the establishment of a new grant-maintained school.

(4) In the case of a governing body incorporated under Chapter IV of Part III, the instrument for a school must, until every governor of an elected category appointed before the date of implementation of the proposals has ceased to hold office, provide for any such governor to hold office for the prescribed term.

Meetings and proceedings

11

The proceedings of the governing body of a school shall not be invalidated by—

(a) any vacancy among their number, or

(b) any defect in the election or appointment of any governor.

12

Subject to the provisions of Chapter V of Part III and any instrument of government or articles of government made under that Chapter, the governing body of a school may regulate their own procedure.

13

(1) The instrument for a school may make provision as to the meetings and proceedings of the governing body.

(2) The provision that may be made in pursuance of this paragraph includes, in particular, provision—

(a) as to the election of a chairman and vice-chairman,

(b) as to the establishment, constitution, meetings and proceedings of committees,

(c) for the delegation of the governing body’s functions, in such circumstances as may be specified in the instrument, to committees established by that body or to any member of that body, and

(d) as to the procedure (including any quorum) when business is transacted by members of the governing body of a particular category.

(3) The provision mentioned in sub-paragraph (2)(b) may provide for a committee to include persons who are not members of the governing body.

(4) The instrument shall make provision for an appeal committee for the purposes of paragraph 6(1) of Schedule 23 to include among its members (with full voting powers) a person nominated by the governing body from among persons who are eligible to be lay members.

(5) A person is eligible to be a lay member for the purposes of sub-paragraph (4) if—

(a) he is a person without personal experience in the management of any school or the provision of education in any school (disregarding any such experience as a governor or in any other voluntary capacity), and

(b) he does not have, and has not at any time had, any connection with—

(i) the school, or

(ii) any person who is a member of, or employed by, the governing body of the school,

of a kind which might reasonably be taken to raise doubts about his ability to act impartially in relation to the school.

Information as to meetings and proceedings

14

(1) Regulations may require the governing body of a school to make available, to such persons or classes of person as may be prescribed, such documents and information relating to the meetings and proceedings of the governing body as may be prescribed.

(2) Documents and information required by the regulations to be made available shall be made available in such form and manner, and at such times, as may be prescribed.

Allowances for governors

15

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Seal etc.

16

(1) The application of the seal of the governing body of a school 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.

(2) Every document purporting to be an instrument made or issued by or on behalf of the governing body of a school 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.

SCHEDULE 23 — Content of articles of government for grant-maintained schools

Introductory

1

In this Schedule—

“school” means a grant-maintained school, and

“articles”, in relation to a school, means the articles of government for the school.

Performance and delegation of functions

2

(1) The articles must make provision as to the functions to be exercised in relation to the school by—

(a) the Secretary of State,

(b) the funding authority,

(d) any committee or other body established by the governing body,

(e) the head teacher, and

(f) any other persons specified in or determined under the articles.

(2) The articles must also include provision as to the delegation of such functions by those on whom they are imposed or conferred by or under the articles.

(3) The articles may include provision as to the establishment by the governing body of committees or other bodies of persons for the purposes of or in connection with the performance in relation to the school of such functions as may be determined by or under the articles.

Staff

3

(1) The articles must include provision as to—

(a) disciplinary rules and procedures applicable to members of the staff of the school, and

(b) procedures for giving them opportunities for seeking redress of any grievances relating to their employment.

(2) The articles must also include provision as to arrangements—

(a) for giving any member of the staff an opportunity of making representations as to any proposal to dismiss him by the governing body or any persons authorised under the articles to dismiss him, including (if he so wishes) oral representations to such person or persons as may be appointed for the purpose,

(b) for requiring the governing body or any persons authorised under the articles to dismiss him to have regard to any representations made by him before taking any decision to dismiss him, and

(c) for giving any member of staff whom it has been decided to dismiss an opportunity of appealing against that decision before any action is taken to implement it.

Curriculum

4

(1) The articles must include provision for securing the discharge by the governing body and the head teacher of duties imposed on them under Chapters I and II of Part V and sections 384, 388, 389, 400 and 408.

(2) The articles must include provision as to arrangements for the consideration and disposal of complaints relating to any matter concerning the curriculum followed within the school including, in particular, the discharge by the governing body of those duties.

(3) The articles must require the governing body, when considering the content of the secular curriculum for the school, to have regard to any representations with regard to that curriculum—

(a) which are made to them by any persons connected with the community served by the school, or

(b) which are made to them by the chief officer of police and are connected with his responsibilities.

Admission arrangements

5

(1) The articles must—

(a) provide for the governing body to be responsible for determining the arrangements for admitting pupils to the school; and

(b) include provision as to the policy to be followed in deciding admissions.

(2) The articles must also require the governing body to publish, for each school year, particulars of—

(a) the arrangements for admission of pupils to the school; and

(b) the procedures applicable under the articles in relation to the admission of pupils to the school.

Appeals relating to admission and exclusion of pupils

6

(1) The articles must include provision as to the arrangements for appeals (in such circumstances as may be provided by the articles) to an appeal committee constituted in accordance with the instrument of government against any decision or action taken—

(a) by the governing body, or

(b) by any persons authorised under the articles to take any decision or action of the kind in question,

in relation to admissions of pupils to the school or the permanent exclusion of a pupil from the school.

(2) The articles must enable the governing body to make such arrangements jointly with the governing body of one or more other grant-maintained schools.

(2A) Sub-paragraphs (1) and (2), so far as they apply in relation to arrangements in respect of appeals—

(a) do not require the articles to provide for any matter for which provision is made by Schedule 25A (exclusion appeals); and

(b) have effect subject to paragraph 4(2) of Schedule 33B (refusal of admission in case of children permanently excluded from two or more schools).

(3) The articles must require the governing body to publish, for each school year, particulars of any arrangements made by them in respect of appeals by parents against any such decision or action in relation to admissions of pupils to the school as is mentioned in sub-paragraph (1) above.

Annual reports

7

(1) The articles must require the governing body to prepare once in every school year a report in such form and containing such information as the articles may require.

(2) The articles must require the governing body to take such steps as are reasonably practicable to secure that—

(a) the registered parents of all registered pupils at the school and all persons employed at the school are given (free of charge) a copy of the report, and

(b) copies of the report are available for inspection (at all reasonable times and free of charge) at the school.

Annual parents’ meetings

8

(1) The articles must require the governing body, subject to any exceptions provided for in the articles, to hold a meeting once in every school year which is open to—

(a) all parents of registered pupils at the school, and

(b) such other persons as the governing body may invite.

(2) The articles must include provision as to—

(a) the procedure to be followed and the matters to be considered at such a meeting,

(b) the determination of any questions arising in connection with such a meeting, and

(c) the taking by the governing body or any other persons of such action as may be required by the articles for the purposes of, or in connection with, such a meeting or any resolutions passed at it.

SCHEDULE 24 — Categories of governors

Part I — Introductory

Application

1

(1) This Schedule applies, in relation to the governing body of a grant-maintained school, for the purposes of Part III.

(2) Part II of this Schedule applies for the purpose of determining who are to be the initial governors of a grant-maintained school.

(3) Part III of this Schedule applies for the purpose of determining who are to be the governors of a grant-maintained school on and after the incorporation date.

General interpretation

2

References to an initial governor are to any person who becomes a member of the governing body on the incorporation date.

3

References to a governor of an elected category are to a person who is a parent or teacher governor as defined by section 78(3) or (4) or is such a governor within the meaning of this Schedule.

4

In relation to any proposals for acquisition of grant-maintained status in respect of a school, a person who is a governor of an elected category on the existing governing body of the school is an eligible governor of that category if—

(a) his term of office as a governor is due to end after the date of implementation of the proposals, and

(b) he has notified the existing governing body that he is willing to serve on the proposed governing body and has not withdrawn that notification.

Part II — Initial governors

Parent governors

5

(1) In relation to a governing body to be incorporated under Chapter II of Part III, “parent governor” means—

(a) a person who, immediately before the incorporation date in relation to the school, is a parent governor (as defined by section 78(3)) in relation to the school, or

(b) a person elected or appointed under section 234, or elected, appointed or nominated under section 237, to hold office as an initial parent governor on the governing body.

(2) A person elected under section 234 to hold office as an initial parent governor must be elected by registered parents of registered pupils at the school and a person elected or appointed under that section to hold such office must when he is elected or appointed be such a parent.

(3) A person elected, appointed or nominated under section 237 to hold office as an initial parent governor—

(a) in the case of an election, must be elected by registered parents of registered pupils at the school and must when he is elected be such a parent, and

(b) in the case of an appointment or nomination, must be a registered parent of a registered pupil at the school at the time of his appointment or nomination.

Teacher governors

6

(1) In relation to a governing body to be incorporated under Chapter II of Part III, “teacher governor” means—

(a) a person who, immediately before the incorporation date in relation to the school, is a teacher governor (as defined by section 78(4)) in relation to the school, or

(b) a person elected under section 234, or elected or nominated under section 237, to hold office as an initial teacher governor on the governing body.

(2) A person elected under section 234 to hold office as an initial teacher governor must be elected by teachers at the school and must when he is elected be such a teacher.

(3) A person elected or nominated under section 237 to hold office as an initial teacher governor—

(a) in the case of an election, must be elected by teachers at the school and must when he is elected be such a teacher, and

(b) in the case of a nomination, must be a teacher at the school at the time of his nomination.

First governors

7

(1) In relation to a governing body to be incorporated under Chapter II of Part III, “first governor” means a person who is selected under section 236(1), or nominated under section 238(1), and appears to the persons selecting or nominating him to be committed to the good government and continuing viability of the school.

(2) In relation to a governing body to be incorporated under Chapter IV of Part III, “first governor” means a person appointed by the funding authority who appears to them to be committed to the good government and continuing viability of the proposed school.

Foundation governors

8

(1) In relation to a governing body to be incorporated under Chapter II of Part III, “foundation governor” means—

(a) a person who is selected under section 236(2) or nominated under section 238(2),

(b) where the statement annexed (under paragraph 2 of Schedule 20) to the proposals for acquisition of grant-maintained status describes the religious character of the school, a person who is appointed for the purpose of securing that (subject to the approval or adoption under section 261 of any proposals) the religious character of the school is such as is indicated in the statement, and

(c) where there is a trust deed relating to the school, a person who is appointed for the purpose of securing that the school is conducted in accordance with the deed.

(2) In relation to a governing body to be incorporated under Chapter IV of Part III, “foundation governor” means—

(a) a person who is appointed by the promoters,

(b) where the statement annexed under paragraph 8 of Schedule 20 to the proposals for the establishment of a new grant-maintained school describes the religious character of the school, a person who is appointed for the purpose of securing that (subject to the approval or adoption under section 261 of any proposals) the religious character of the proposed school is such as is indicated in the statement, and

(c) where there is a trust deed relating to the proposed school, a person who is appointed for the purpose of securing that the proposed school is conducted in accordance with that deed.

9

In relation to a governing body to be incorporated under Chapter II of Part III, “sponsor governor” means a person appointed by a person named as a sponsor of the school in the proposals for acquisition of grant-maintained status.

Part III — Governors other than initial governors

Parent governors

10

(1) “Parent governor” means a person who—

(a) is elected by registered parents of registered pupils at the school,

(b) is appointed under a provision of the instrument of government made by virtue of section 223(3),

(d) is an initial parent governor.

(2) To qualify for such election, the person must when he is elected be a registered parent of a registered pupil at the school.

Teacher governors

11

(1) “Teacher governor” means a person who—

(a) is elected by teachers at the school,

(b) is appointed by virtue of section 224(4), or

(2) To qualify for such election, the person must when he is elected be a teacher at the school.

First governors

12

“First governor” means—

(a) a person appointed by the governing body who appears to them to be committed to the good government and continuing viability of the school,

(b) a person appointed under a provision of the instrument of government made by virtue of section 227 who appears to the person appointing him to be committed to the good government and continuing viability of the school, or

Foundation governors

13

“Foundation governor” means a person who—

(a) is appointed otherwise than by a local authority or the funding authority,

(b) where paragraph 8(1)(b) or (2)(b) applies, is appointed for the purpose there referred to, and

(c) where there is a trust deed relating to the school, is appointed for the purpose of securing that the school is conducted in accordance with that deed.

14

“Sponsor governor” means—

(a) a person appointed by a person named in the instrument of government as a sponsor of the school,

(b) while the instrument of government is the initial instrument, a person appointed by a person named as a sponsor of the school in the proposals for acquisition of grant-maintained status or, as the case may be, the proposals for the establishment of a new grant-maintained school, or

SCHEDULE 25 — Core governors for groups

Introductory

1

The provision made for core governors in the instrument of government for the governing body of a group must be in accordance with this Schedule.

Kinds of core governor

2

(1) Core governors may be either—

(a) appointed by the governing body, or

(b) externally appointed.

(2) Externally appointed core governors may be either—

(a) appointed in respect of a particular school in the group, being a school—

(i) which was a voluntary school immediately before it became grant-maintained, or

(ii) which was established in pursuance of proposals published under section 212, or

(b) where the group consists only of such schools, appointed in respect of the group otherwise than by the governing body.

(3) A person appointed as mentioned in sub-paragraph (2)(a) must be appointed by the persons named in the instrument of government for the group as being entitled to appoint externally appointed core governors in respect of the school.

(4) A person appointed as mentioned in sub-paragraph (2)(a) must be appointed—

(a) (where any statement annexed to the proposals in pursuance of which the school became a grant-maintained school described the religious character of the school) for the purpose of securing that, subject to any change in the character of the school which may be authorised by or under Part III, the religious character of the school is such as was indicated in the statement, and

(b) (where there is a trust deed relating to the school) for the purpose of securing that the school is conducted in accordance with the deed.

(5) Core governors, other than externally appointed core governors appointed in respect of particular schools in the group, must be appointed from among persons who appear to the person making the appointment to be committed to the good government and continuing viability of all the schools in the group.

(6) A person who is a member of the teaching or other staff at any of the schools in the group is disqualified from holding office as a core governor, other than an externally appointed core governor.

Groups consisting only of former voluntary schools or section 212 schools

3

(1) This paragraph applies in the case of such a group as is mentioned in paragraph 2(2)(b).

(2) The minimum number of externally appointed core governors (referred to in this paragraph as “MN”) is one greater than the number of governors other than externally appointed core governors.

(3) Any head teacher of a school in the group who has chosen not to be a governor shall be counted as one for the purposes of sub-paragraph (2).

(4) In respect of each school in the group there must be the same number of externally appointed core governors.

(5) The total number of externally appointed core governors in respect of schools in the group must not be less than the highest number, not exceeding MN, that is consistent with sub-paragraph (4).

Other groups

4

(1) This paragraph applies in the case of a group other than such a group as is mentioned in paragraph 2(2)(b).

(2) If any school in the group falls within paragraph 2(2)(a), one externally appointed governor must be appointed in respect of that school.

(3) The appropriate number of the core governors must (on the date or dates on which they respectively take office) be parents of registered pupils at schools in the group, and the appropriate number of the core governors must (on the date or dates on which they respectively take office) be members of the local community; but one person may satisfy both requirements.

(4) In sub-paragraph (3) “the appropriate number” means not less than two or, if all but one of the schools in the group fall within paragraph 2(2)(a), at least one.

(5) In appointing core governors, the governing body must secure that those governors include persons appearing to the governing body to be members of the local business community (and such persons may also satisfy one or both of the requirements of sub-paragraph (3)).

(6) The number of core governors must be such number, not being—

(a) less than five, or

(b) (subject to paragraph (a)) more than the number of schools in the group,

as will secure that they and the parent governors outnumber the other governors.

(7) Any head teacher of a school in the group who has chosen not to be a governor shall be counted as one for the purposes of sub-paragraph (6).

Schedule 25A — Appeals against exclusion of pupils from grant-maintained schools

Introductory

1

In this Schedule—

“appeal” means an appeal mentioned in section 307A;

“appeal committee” means an appeal committee constituted for the purposes of an appeal in accordance with the instrument of government of the school;

“the relevant person” means—in relation to a pupil under the age of 18, a parent of his;in relation to a pupil who has attained that age, the pupil himself.

Procedure on appeal

2

An appeal shall be by notice in writing setting out the grounds on which it is made.

3

(1) Subject to sub-paragraph (2), the appeal committee shall meet to consider an appeal—

(a) within the period ending with the 15th school day after the day on which the appeal is lodged, or

(b) if the governing body have determined a shorter period, within that period.

(2) The governing body may extend the period within which the appeal committee are to consider an appeal where—

(a) the relevant person requests them to do so; and

(b) they are satisfied that the circumstances are exceptional and justify the period under sub-paragraph (1) being extended.

4

(1) For the purpose of fixing the time (falling within the period mentioned in paragraph 3) at which the hearing of an appeal is to take place, the governing body shall take reasonable steps to ascertain any times falling within that period when—

(a) the relevant person, or

(b) any other person who wishes, and would be entitled, to appear and make oral representations in accordance with paragraph 5,

would be able to attend.

(2) Where in accordance with sub-paragraph (1) the governing body have ascertained any such times in the case of any such person, they shall, when fixing the time at which the hearing is to take place, take those times into account with a view to ensuring, so far as it is reasonably practicable to do so, that that person is able to appear and make such representations at the hearing.

5

(1) The appeal committee shall give the relevant person an opportunity of appearing and making oral representations, and shall allow him to be represented or to be accompanied by a friend.

(2) The appeal committee shall allow—

(a) the head teacher and a member of the governing body to make written representations;

(b) the head teacher and a member of the governing body to appear and make oral representations; and

6

An appeal shall be held in private except when otherwise directed by the governing body, but any member of the Council on Tribunals may attend as an observer any meeting of the appeal committee at which an appeal is considered.

7

Two or more appeals may be combined and dealt with in the same proceedings if the appeal committee consider that it is expedient to do so because the issues raised by the appeals are the same or connected.

8

(1) In deciding whether the pupil in question should be reinstated (and, if so, the time when this should take place), the appeal committee shall have regard to both the interests of that pupil and the interests of other pupils at his school and members of its staff.

(2) In making its decision on an appeal, the appeal committee shall also have regard to the measures publicised by the head teacher under section 306A(7).

(3) Sub-paragraphs (1) and (2) do not apply where the appeal committee decides that the pupil in question was not guilty of the conduct which the head teacher relied on as grounds for his permanent exclusion.

(4) Sub-paragraphs (1) and (2) shall not be read as precluding an appeal committee from having regard to any other relevant matters.

9

In the event of a disagreement between the members of the appeal committee the appeal under consideration shall be decided by a simple majority of the votes cast and, in the case of an equality of votes, the chairman of the committee shall have a second or casting vote.

10

Subject to paragraph 11, the decision of the appeal committee and the grounds on which it is made shall be communicated by the committee in writing to the relevant person, the governing body, the head teacher and the local authority to whose area the pupil belongs within—

(a) the period ending with the 17th school day after the day on which the appeal is lodged; or

(b) if the governing body have determined a shorter period, that period.

11

Where the governing body extend the period for the consideration of an appeal in accordance with paragraph 3(2), they shall (to the extent it appears to them to be necessary as a result of the extension of that period) extend the period within which the appeal committee are to communicate their decision.

12

Subject to paragraphs 2 to 11, all matters relating to the procedure on appeals shall be determined by the governing body.

13

(1) Subject to sub-paragraph (2), where joint arrangements for appeals have been made in accordance with paragraph 6(2) of Schedule 23 (content of articles of government), paragraphs 2 to 12 shall have effect in respect of appeals to committees established in accordance with the joint arrangements.

(2) In the case of any appeal made in pursuance of the joint arrangements—

(a) paragraphs 3, 4, 6, 10(b), 11 and 12 shall have effect as if for “the governing body” there were substituted “the governing body and the governing body of every other school which is a party to the arrangements, acting jointly”; and

(b) paragraphs 5(2) and 10 (except paragraph 10(b)) shall have effect as if for “the governing body” there were substituted “the governing body against whose decision the appeal is made”.

Power of Secretary of State to make amendments

14

The Secretary of State may by order amend the preceding provisions of this Schedule.

SCHEDULE 26 — Making of assessments under section 323

Introductory

1

In this Schedule “assessment” means an assessment of a child’s educational needs under section 323.

Medical and other advice

2

(1) Regulations shall make provision as to the advice which a local authority are to seek in making assessments.

(2) Without prejudice to the generality of sub-paragraph (1), the regulations shall require the authority, except in such circumstances as may be prescribed, to seek medical, psychological and educational advice and such other advice as may be prescribed.

Manner, and timing, of assessments, etc.

3

(1) Regulations may make provision—

(a) as to the manner in which assessments are to be conducted,

(b) requiring the local authority, where, after conducting an assessment under section 323 of the educational needs of a child for whom a statement is maintained under section 324, they determine not to amend the statement, to serve on the parent of the child a notice giving the prescribed information, and

(c) in connection with such other matters relating to the making of assessments as the Secretary of State considers appropriate.

(2) Sub-paragraph (1)(b) does not apply to a determination made following the service of notice under paragraph 2A of Schedule 27 (amendment of statement by local authority) of a proposal to amend the statement.

(3) Regulations may provide—

(a) that where a local authority are under a duty under section 323, 329 or 329A , or under regulations under sub-paragraph (1)(b), to serve any notice, the duty must be performed within the prescribed period,

(b) that where a local authority have served a notice under section 323(1) or 329A(3) on a child’s parent, they must decide within the prescribed period whether or not to make an assessment of the child’s educational needs,

(c) that where a request has been made to a local authority under section 329(1), they must decide within the prescribed period whether or not to comply with the request, and

(d) that where a local authority are under a duty to make an assessment, the duty must be performed within the prescribed period.

(4) Provision made under sub-paragraph (3)—

(a) may be subject to prescribed exceptions, and

(b) does not relieve the authority of the duty to serve a notice, or make a decision or assessment, which has not been served or made within the prescribed period.

Attendance at examinations

4

(1) Where a local authority are considering whether to make an assessment, they may serve a notice on the parent of the child concerned requiring the child’s attendance for examination in accordance with the provisions of the notice.

(2) The parent of a child examined under this paragraph may be present at the examination if he so desires.

(3) A notice under this paragraph shall—

(a) state the purpose of the examination,

(b) state the time and place at which the examination will be held,

(d) inform the parent that he may submit such information to the authority as he may wish, and

(e) inform the parent of his right to be present at the examination.

Offence

5

(1) Any parent who fails without reasonable excuse to comply with any requirements of a notice served on him under paragraph 4 commits an offence if the notice relates to a child who is not over compulsory school age at the time stated in it as the time for holding the examination.

(2) A person guilty of an offence under this paragraph is liable on summary conviction to a fine not exceeding level 2 on the standard scale.

SCHEDULE 27 — Making and maintenance of statements under section 324

Introductory

1

In this Schedule—

“amendment notice” has the meaning given in paragraph 2A,

“statement” means a statement under section 324,

“periodic review” means a review conducted in accordance with section 328(5)(b), and

“re-assessment review” means a review conducted in accordance with section 328(5)(a).

Copy of proposed statement

2

(1) Before making a statement, a local authority shall serve on the parent of the child concerned a copy of the proposed statement.

(2) But that is subject to sub-paragraphs (3) and (4).

(3) The copy of the proposed statement shall not specify any prescribed matter.

(4) The copy of the proposed statement shall not specify any matter in pursuance of section 324(4).

Amendments to a statement

2A

(1) A local authority shall not amend a statement except—

(a) in compliance with an order of the Tribunal,

(b) as directed by the Secretary of State under section 442(4), or

(2) If, following a re-assessment review, a local authority propose to amend a statement, they shall serve on the parent of the child concerned a copy of the proposed amended statement.

(3) Sub-paragraphs (3) and (4) of paragraph 2 apply to a copy of a proposed amended statement served under sub-paragraph (2) as they apply to a copy of a proposed statement served under paragraph 2(1).

(4) If, following a periodic review, a local authority propose to amend a statement, they shall serve on the parent of the child concerned—

(a) a copy of the existing statement, and

(b) an amendment notice.

(5) If, at any other time, a local authority propose to amend a statement, they shall proceed as if the proposed amendment were an amendment proposed after a periodic review.

(6) An amendment notice is a notice in writing giving details of the amendments to the statement proposed by the authority.

Provision of additional information

2B

(1) Sub-paragraph (2) applies when a local authority serve on a parent—

(a) a copy of a proposed statement under paragraph 2,

(b) a copy of a proposed amended statement under paragraph 2A, or

(2) The local authority shall also serve on the parent a written notice explaining (to the extent that they are applicable)—

(a) the arrangements under paragraph 3,

(b) the effect of paragraph 4, and

(3) A notice under sub-paragraph (2) must contain such other information as may be prescribed.

Choice of school

3

(1) Every local authority shall make arrangements for enabling a parent—

(a) on whom a copy of a proposed statement has been served under paragraph 2,

(b) on whom a copy of a proposed amended statement has been served under paragraph 2A, or

(i) the type or name of a school or institution, or

(ii) the provision made for the child concerned under arrangements made under section 319,

to be specified in the statement, to express a preference as to the maintained school at which he wishes education to be provided for his child and to give reasons for his preference.

(2) Any such preference must be expressed or made within the period of 15 days beginning—

(a) with the date on which the written notice mentioned in paragraph 2B was served on the parent, or

(b) if a meeting has (or meetings have) been arranged under paragraph 4(1)(b) or (2), with the date fixed for that meeting (or the last of those meetings).

(3) Where a local authority make a statement in a case where the parent of the child concerned has expressed a preference in pursuance of such arrangements as to the school at which he wishes education to be provided for his child, they shall specify the name of that school in the statement unless—

(a) the school is unsuitable to the child’s age, ability or aptitude or to his special educational needs, or

(b) the attendance of the child at the school would be incompatible with the provision of efficient education for the children with whom he would be educated or the efficient use of resources.

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Consultation on specifying name of school in statement

3A

(1) Sub-paragraph (2) applies if a local authority are considering—

(a) specifying the name of a maintained school or maintained nursery school in a statement, or

(b) amending a statement—

(i) if no school was specified in the statement before the amendment, so that a maintained school or maintained nursery school will be specified in it,

(ii) if a school was specified in the statement before the amendment, so that a different school, which is a maintained school or maintained nursery school, will be specified in it.

(2) The local authority shall—

(a) serve a copy of the proposed statement or amended statement, or of the existing statement and of the amendment notice, on each affected body, and

(b) consult each affected body.

(3) “Affected body” means—

(a) the governing body of any school which the local authority are considering specifying; and

(b) if a school which the local authority are considering specifying is maintained by another local authority, that authority.

Representations

4

(1) A parent on whom a copy of a proposed statement has been served under paragraph 2 , or on whom a proposed amended statement or an amendment notice has been served under paragraph 2A, may—

(a) make representations (or further representations) to the local authority about the content of the proposed statement or the statement as it will have effect if amended in the way proposed by the authority, and

(b) require the authority to arrange a meeting between him and an officer of the authority at which the proposed statement or the statement as it will have effect if amended in the way proposed by the authority can be discussed.

(2) Where a parent, having attended a meeting arranged by a local authority under sub-paragraph (1)(b) in relation to—,

(d) an amendment proposed following a re-assessment review,

disagrees with any part of the assessment in question, he may require the authority to arrange such meeting or meetings as they consider will enable him to discuss the relevant advice with the appropriate person or persons.

(3) In this paragraph—

“relevant advice” means such of the advice given to the authority in connection with the assessment as they consider to be relevant to that part of the assessment with which the parent disagrees, and

“appropriate person” means the person who gave the relevant advice or any other person who, in the opinion of the authority, is the appropriate person to discuss it with the parent.

(4) Any representations under sub-paragraph (1)(a) must be made within the period of 15 days beginning—

(a) with the date on which the written notice mentioned in paragraph 2B was served on the parent, or

(b) if a meeting has (or meetings have) been arranged under sub-paragraph (1)(b) or (2), with the date fixed for that meeting (or the last of those meetings).

(5) A requirement under sub-paragraph (1)(b) must be made within the period of 15 days beginning with the date on which the written notice mentioned in paragraph 2B was served on the parent.

(6) A requirement under sub-paragraph (2) must be made within the period of 15 days beginning with the date fixed for the meeting arranged under sub-paragraph (1)(b).

Making the statement

5

(1) Where representations are made to a local authority under paragraph 4(1)(a), the authority shall not make or amend the statement until they have considered the representations and the period or the last of the periods allowed by paragraph 4 for making requirements or further representations has expired.

(2) If a local authority make a statement, it may be in the form originally proposed (except as to the matters required to be excluded from the copy of the proposed statement) or in a form modified in the light of the representations.

(2A) If a local authority amend a statement following service of a proposed amended statement under paragraph 2A, the amended statement made may be in the form proposed or in a form modified in the light of the representations.

(2B) If a local authority amend a statement following service of an amendment notice, the amendments may be those proposed in the notice or amendments modified in the light of the representations.

(3) Regulations may provide that, where a local authority are under a duty (subject to compliance with the preceding requirements of this Schedule) to make a statement, the duty to make the statement, or any step required to be taken for or in connection with the performance of the duty or the maintenance of the statement (including any step in relation to the amendment of the statement) must, subject to prescribed exceptions, be performed within the prescribed period.

(4) Such provision shall not relieve the authority of the duty to make a statement, or take any step, which has not been performed or taken within that period.

Service of statement

6

(1) Where a local authority make or amend a statement they shall serve a copy of the statement, or the amended statement, on the parent of the child concerned.

(2) They shall, at the same time, give the parent written notice of his right to appeal under section 326(1) against—

(a) the description in the statement of the authority’s assessment of the child’s special educational needs,

(b) the special educational provision specified in the statement (including the name of a school specified in the statement), or

(3) A notice under sub-paragraph (2) must contain such other information as may be prescribed.

Keeping, disclosure and transfer of statements

7

(1) Regulations may make provision as to the keeping and disclosure of statements.

(2) Regulations may make provision, where a local authority become responsible for a child for whom a statement is maintained by another authority, for the transfer of the statement to them and for Part IV to have effect as if the duty to maintain the transferred statement were their duty.

Change of named school

8

(1) Sub-paragraph (2) applies where—

(a) the parent of a child for whom a statement is maintained which specifies the name of a school or institution asks the local authority to substitute for that name the name of a maintained school or maintained nursery school specified by the parent, and

(b) the request is not made less than 12 months after—

(i) an earlier request under this paragraph,

(ii) the service of a copy of the statement under paragraph 6,

(iii) if the statement has been amended, the date when notice of the amendment is given under paragraph 10(3)(b), or

(iv) if the parent has appealed there is an appeal to the Tribunal under section 326 or this paragraph, the date when the appeal is concluded,

whichever is the later.

(2) The local authority shall comply with the request unless—

(a) the school is unsuitable to the child’s age, ability or aptitude or to his special educational needs, or

(b) the attendance of the child at the school would be incompatible with the provision of efficient education for the children with whom he would be educated or the efficient use of resources.

(3) Where the local authority determine not to comply with the request—

(a) they shall give notice in writing of that fact to the parent of the child, and

(b) the parent of the child may appeal to the Tribunal against the determination.

(3A) A notice under sub-paragraph (3)(a) must inform the parent of the right of appeal under sub-paragraph (3)(b) and contain such other information as may be prescribed.

(4) On the appeal the Tribunal may—

(a) dismiss the appeal, or

(b) order the local authority to substitute for the name of the school or other institution specified in the statement the name of the school specified by the parent.

(5) Regulations may provide that, where a local authority are under a duty to comply with a request under this paragraph, the duty must, subject to prescribed exceptions, be performed within the prescribed period.

(6) Such provision shall not relieve the authority of the duty to comply with such a request which has not been complied with within that period.

Procedure for amending or ceasing to maintain a statement

9

(1) A local authority may not . . . cease to maintain, a statement except in accordance with paragraph . . . 11.

(2) Sub-paragraph (1) does not apply where the local authority—

(a) cease to maintain a statement for a child who has ceased to be a child for whom they are responsible, or

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

10

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

11

(1) A local authority may cease to maintain a statement only if it is no longer necessary to maintain it.

(2) Where the local authority determine to cease to maintain a statement—

(a) they shall give notice in writing of that fact to the parent of the child, and

(b) the parent of the child may appeal to the Tribunal against the determination.

(2A) A notice under sub-paragraph (2)(a) must inform the parent of the right of appeal under sub-paragraph (2)(b) and contain such other information as may be prescribed.

(2B) Where the local authority determine to cease to maintain a statement following a periodic review or a re-assessment review, regulations may provide that a notice under sub-paragraph (2)(a) must be given within the prescribed period beginning with the date of the review.

(3) On an appeal under this paragraph the Tribunal may—

(a) dismiss the appeal, or

(b) order the local authority to continue to maintain the statement in its existing form or with such amendments of—

(i) the description in the statement of the authority’s assessment of the child’s special educational needs, or

(ii) the special educational provision specified in the statement,

and such other consequential amendments, as the Tribunal may determine.

(4) Except where the parent of the child appeals there is an appeal to the Tribunal under this paragraph, a local authority may only cease to maintain a statement under this paragraph within the prescribed period beginning with the service of the notice under sub-paragraph (2).

(5) A local authority may not, under this paragraph, cease to maintain a statement if—

(a) the parent of the child has appealed there has been an appeal under this paragraph against the authority’s determination to cease to maintain the statement, and

(b) the appeal has not been determined by the Tribunal or withdrawn.

SCHEDULE 28

Constitution of governing body and conduct of school

1

(1) For every governing body of a grant-maintained special school there shall be—

(a) an instrument (known as the instrument of government) providing for the constitution of the governing body, and

(b) an instrument (known as the articles of government) in accordance with which the school is to be conducted.

(2) The instrument and articles of government—

(a) shall comply with any requirements imposed by or under Part IV, and

(b) may make any provision authorised by or under Part IV to be made and such other provision as may be necessary or desirable.

(3) Subject to any express provision of the instrument or articles of government, the school shall be conducted in accordance with any trust deed relating to it.

Initial instruments and articles of government

2

(1) The initial instrument of government for the governing body of a grant-maintained special school, and the initial articles of government for such a school, shall be such as are prescribed.

(2) The initial instrument of government shall have effect as from the incorporation date.

(3) The initial articles of government shall have effect as from the date of implementation of the proposals made under section 339(2)(a) or 345 but, in the case of a governing body incorporated in pursuance of proposals made under section 339(2)(a), such of the articles as may be prescribed shall have effect as from the incorporation date.

Subsequent instruments of government

3

(1) The Secretary of State may—

(a) if the governing body of a grant-maintained special school submit a draft of an instrument of government to have effect in place of their existing instrument, by order make a new instrument of government in terms of the draft or in such terms as he thinks fit, and

(b) if such a governing body submit draft modifications of an instrument made under paragraph (a) above, by order modify the instrument concerned in terms of the draft or in such terms as he thinks fit,

but shall not make a new instrument otherwise than in the terms of the draft, or modify the instrument otherwise than in terms of the draft, unless he has consulted the governing body.

(2) The Secretary of State may by order modify the instrument of government for the governing body of any grant-maintained special school.

(3) An order under sub-paragraph (2)—

(a) may relate to all grant-maintained special schools, to any category of such schools specified in the order or to any such school so specified, but

(b) shall not be made unless the Secretary of State has consulted the governing body of each grant-maintained special school to which the order relates.

(4) Where, by reason of the making of a new instrument, or the modification of an instrument, under this paragraph, the number of governors of any category will (unless the required number of governors of that category resign) exceed the number provided for in the instrument, the new instrument or, as the case may be, the instrument as modified shall provide—

(a) for such number of governors of that category as is required to eliminate the excess to cease to hold office, and

(b) for the selection of those who are to cease to hold office.

Subsequent articles of government

4

(1) The governing body of a grant-maintained special school may, with the consent of the Secretary of State—

(a) make new articles of government in place of the existing articles for the school, or

(b) modify the existing articles for the school.

(2) The Secretary of State may by a direction under this paragraph require—

(a) the governing bodies of grant-maintained special schools or any class of such schools specified in the direction, or

(b) the governing body of any particular grant-maintained special school so specified,

to modify their articles of government in any manner so specified.

(3) Before giving a direction under this paragraph, the Secretary of State shall consult the governing body or (as the case may be) each governing body to which the direction applies.

Parent governors

5

(1) The instrument of government for the governing body of a grant-maintained special school shall provide for the governing body to include not less than three nor more than five parent governors.

(2) Subject to sub-paragraph (5), the parent governors—

(a) in the case of a school not established in a hospital, shall be elected by persons who are registered parents of registered pupils at the school, and

(b) in the case of a school so established, shall be appointed by the other members of the governing body.

(3) To qualify for such election a person must when he is elected be a registered parent of a registered pupil at the school; and to qualify for appointment under sub-paragraph (2)(b) a person must when he is appointed be such a parent or, if that is not reasonably practicable, a parent of one or more children of compulsory school age.

(4) The instrument shall provide for each parent governor to hold office for a term of four years.

(5) In the case of a school not established in a hospital, the instrument shall provide that if—

(a) one or more vacancies for parent governors are required to be filled by election, and

(b) the number of parents standing for election as parent governors is less than the number of vacancies,

the required number of parent governors shall be made up by persons appointed by the other members of the governing body.

(6) The instrument shall require governors, in appointing a person under a provision made by virtue of sub-paragraph (5)—

(a) to appoint a person who is the registered parent of a registered pupil at the school, where it is reasonably practicable to do so, and

(b) where it is not, to appoint a person who is the parent of one or more children of compulsory school age with special educational needs or, if that also is not reasonably practicable, a person who is the parent of a person of any age with special educational needs.

Teacher governors

6

(1) The instrument of government for the governing body of a grant-maintained special school shall provide for the governing body to include either one or two teacher governors.

(2) Each teacher governor shall be elected by persons who are teachers at the school.

(3) To qualify for such election, a person must when he is elected be a teacher at the school.

(4) The instrument shall provide for each teacher governor to hold office for a term of four years.

Head teacher

7

The instrument of government for the governing body of a grant-maintained special school shall provide for the governing body to include (as a governor ex officio) the person who is for the time being the head teacher.

First governors

8

(1) The instrument of government for the governing body of a grant-maintained special school shall provide for the governing body to include first governors.

(2) The instrument shall provide for such number of first governors as will secure that they outnumber the other governors.

(3) The instrument—

(a) shall require—

(i) that, where it is reasonably practicable, at least two of the first governors shall be (on the date or dates on which they respectively take office) parents of registered pupils at the school, and

(ii) that at least two of the first governors shall be persons with experience of education for those with special educational needs,

but one person may satisfy both requirements, and

(b) shall require the governing body, in appointing first governors, to secure that those governors include a person appearing to them to be a member of the local business community (and such a person may also satisfy one or both of the requirements of paragraph (a)(i) and (ii) above).

(4) The instrument shall provide for the first governors to be appointed by the governing body from among persons who appear to the governing body to be committed to the good government and continuing viability of the school.

(5) The instrument shall provide for first governors to hold office for such term (not being less than five nor more than seven years) as may be specified in the instrument.

(6) A person who is a member of the teaching or other staff at the school shall be disqualified for holding office as a first governor.

(7) References in this paragraph to governors other than first governors do not include sponsor governors.

Power of Secretary of State to replace first governors

9

(1) The instrument of government for the governing body of a grant-maintained special school shall provide for the Secretary of State to have power, where any of sub-paragraphs (2) to (4) apply, to replace all or any of the first governors.

(2) This sub-paragraph applies where the governing body have been guilty of substantial or persistent failure to comply or secure compliance with any requirement imposed by or under any enactment.

(3) This sub-paragraph applies where—

(a) there is a report of an inspection of the school in which the person who made it expressed the opinion that special measures were required to be taken in relation to the school,

(b) either that person was a member of the Inspectorate or the report stated that the Chief Inspector agreed with his opinion,

(c) if any registered inspector or member of the Inspectorate has made a later report of an inspection of the school under Part I of the School Inspections Act 1996, he did not express the opinion in the report that special measures were not required to be taken in relation to the school, and

(d) the Secretary of State has received a statement prepared under section 17 of that Act or the period allowed by subsection (2) of that section for the preparation of such a statement has expired;

and expressions used in this sub-paragraph and in that Act have the same meaning as in that Act.

(4) This sub-paragraph applies where in the opinion of the Secretary of State any action taken or proposed by the governing body of the school, or any failure of the governing body to act, is prejudicial to the provision of education by the school.

(5) The instrument of government for a grant-maintained special school shall enable the Secretary of State to make such provision as he thinks fit for filling vacancies for first governors if it appears to him that the governing body are unable or unwilling to fill the vacancies.

(6) Any provision made by the instrument of government in pursuance of paragraph 8(3) shall not apply for the purposes of the appointment by virtue of this paragraph of any first governor.

10

The instrument of government for the governing body of a grant-maintained special school which provides secondary education may—

(a) name a person as a sponsor of the school, and

(b) provide for the governing body to include such number of sponsor governors, not exceeding four, as is specified in the instrument.

Additional governors

11

(1) The instrument of government for the governing body of a grant-maintained special school shall enable the Secretary of State to appoint not more than two additional governors if it appears to him that the governing body are not adequately carrying out their responsibilities in respect of the conduct or management of the school.

(2) The instrument shall enable the governing body, during any period when any additional governors appointed by the Secretary of State by virtue of sub-paragraph (1) are in office, to appoint a number of additional first governors not greater than the number of additional governors appointed by the Secretary of State who are then in office.

(3) Any additional first governor appointed in pursuance of such a provision is to hold office for such term (not being more than five years) as may be specified in the terms of his appointment.

Powers

12

Section 231 of this Act shall have effect in relation to the governing body of a grant-maintained special school with such modifications as may be prescribed.

Transitory provisions

13

Regulations may modify the provisions of paragraphs 5 to 12 in relation to—

(a) the initial instrument of government, or

(b) governors holding office, elected or appointed, before the date of implementation of the proposals in pursuance of which the governing body are constituted.

General application of enactments

14

In relation to any governing body incorporated in pursuance of proposals under section 339(2)(a) or 345 or any school conducted or formerly conducted by such a governing body, regulations may , subject to the following paragraphs of this Schedule, provide for any provision of—

(a) Schedules 22 and 23 (governing bodies; articles),

(b) Chapters VI, VII, VIII and X of Part III (funding; alteration; discontinuance, etc.), and

(c) any other enactment (not contained in Part III) relating to grant-maintained schools or maintained special schools (or schools including such schools),

to have effect with or without modification.

15

Each of sections 306A (responsibility for discipline) and 307 (exclusion of pupils) applies to a grant-maintained special school as it applies to a grant-maintained school.

16

Section 307A and Schedule 25A (exclusion appeals) apply in relation to a grant-maintained special school as they apply in relation to a grant-maintained school, but as if any reference in those provisions to any provision of Schedule 23 were a reference to that provision as it applies in accordance with regulations under paragraph 14 above.

SCHEDULE 29

Status

1

The Authority shall not be regarded as a servant or agent of the Crown or as enjoying any status, immunity or privilege of the Crown; and the Authority’s property shall not be regarded as property of, or property held on behalf of, the Crown.

Powers

2

(1) The Authority may do anything which is calculated to facilitate, or is incidental or conducive to, the carrying out of any of their functions.

(2) In particular, the Authority may—

(a) acquire or dispose of land or other property,

(b) enter into contracts,

(d) invest any sums not immediately required for the purpose of carrying out their functions,

(e) accept gifts of money, land or other property, and

(f) borrow money.

3

(1) The Authority may also give to any person or body (whether or not in the United Kingdom) such assistance, other than financial assistance, as they may determine.

(2) Assistance may be provided on such terms and subject to such conditions (if any) as the Authority may determine.

(3) In particular, assistance may be provided free of charge or on such terms as to payment as the Authority may determine.

(4) The consent of the Secretary of State is required for the exercise of any power conferred by this paragraph.

Chief officer

4

The Authority shall have a chief officer who shall be appointed by the Authority with the approval of the Secretary of State on such terms and conditions as the Authority may with the approval of the Secretary of State determine.

Chairman and chief officer: division of functions

5

(1) The Secretary of State may, on appointing a person to be the chairman of the Authority, confer on him such additional functions in relation to the Authority as may be specified in the appointment.

(2) The functions for the time being conferred by virtue of appointment as chief officer of the Authority shall not include any function for the time being conferred under sub-paragraph (1) on the chairman of the Authority.

Tenure of office

6

(1) A person shall hold and vacate office as a member or as chairman or deputy chairman of the Authority in accordance with the terms of his appointment and shall, on ceasing to be a member, be eligible for re-appointment.

(2) A person may at any time by notice in writing to the Secretary of State resign his office as a member or as chairman or deputy chairman of the Authority.

7

The Secretary of State may, if satisfied that a member of the Authority—

(a) has been absent from meetings of the Authority for a continuous period of more than six months without the permission of the Authority, or

(b) is unable or unfit to discharge the functions of a member,

remove him from office by giving him notice in writing and thereupon the office shall become vacant.

8

If the chairman or deputy chairman of the Authority ceases to be a member of the Authority, he shall also cease to be chairman or deputy chairman.

Payments to members

9

(1) The Authority shall pay to their members such salaries or fees, and such travelling, subsistence or other allowances, as the Secretary of State may determine.

(2) The Authority shall, as regards any member in whose case the Secretary of State may so determine, pay, or make provision for the payment of, such sums by way of pension, allowances and gratuities to or in respect of him as the Secretary of State may determine.

(3) If a person ceases to be a member of the Authority and it appears to the Secretary of State that there are special circumstances which make it right that he should receive compensation, the Secretary of State may direct the Authority to make to that person a payment of such amount as the Secretary of State may determine.

(4) A determination or direction of the Secretary of State under this paragraph requires the approval of the Treasury.

Staff

10

Subject to the approval of the Secretary of State, given with the consent of the Treasury, the Authority—

(a) may appoint such number of employees, on such terms and conditions, as they may determine; and

(b) shall pay to their employees such remuneration and allowances as they may determine.

11

(1) Employment with the Authority shall continue to be included among the kinds of employment to which a scheme under section 1 of the Superannuation Act 1972 can apply.

(2) The Authority shall pay to the Treasury, at such times as the Treasury may direct, such sums as the Treasury may determine in respect of the increase attributable to this paragraph in the sums payable under the Superannuation Act 1972 out of money provided by Parliament.

(3) Where an employee of the Authority is (by reference to that employment) a participant in a scheme under section 1 of that Act and is also a member of the Authority, the Treasury may determine that his service as such a member shall be treated for the purposes of the scheme as service as an employee of the Authority (whether or not any benefits are payable to or in respect of him by virtue of paragraph 9).

Finance

12

(1) The Secretary of State may make grants to the Authority of such amount as he thinks fit in respect of expenses incurred or to be incurred by the Authority in carrying out their functions.

(2) The payment of grant under this paragraph shall be subject to the fulfilment of such conditions as the Secretary of State may determine.

(3) The Secretary of State may also impose such requirements as he thinks fit in connection with the payment of grant under this paragraph.

Committees

13

(1) The Authority may establish a committee for any purpose.

(2) The Authority shall determine the number of members which a committee established under this paragraph shall have, and the terms on which they are to hold and vacate office.

(3) A committee may include persons who are not members of the Authority.

(4) The Authority shall keep under review the structure of committees established under this paragraph and the scope of each committee’s activities.

Delegation of functions

14

The Authority may authorise the chairman, the deputy chairman, the chief officer or any committee established under paragraph 13 to carry out such of the Authority’s functions as the Authority may determine.

Proceedings

15

(1) A representative of the Secretary of State shall be entitled to attend and take part in deliberations (but not in decisions) at meetings of the Authority or of any committee of the Authority.

(2) The Authority shall provide the Secretary of State with such copies of any documents distributed to members of the Authority or of any such committee as he may require.

16

(1) Her Majesty’s Chief Inspector of Schools in England, or a representative of his, shall be entitled to attend and take part in deliberations (but not in decisions) at meetings of the Authority or of any committee of the Authority.

(2) The Authority shall provide Her Majesty’s Chief Inspector of Schools in England with such copies of any documents distributed to members of the Authority or of any such committee as he may require.

17

(1) The chairman of the Curriculum and Assessment Authority for Wales, or a representative of his, shall be entitled to attend and take part in deliberations (but not in decisions) at meetings of the Authority or of any committee of the Authority.

(2) The Authority shall provide the chairman of the Curriculum and Assessment Authority for Wales with such copies of any documents distributed to members of the Authority or of any such committee as he may require.

18

The validity of the Authority’s proceedings shall not be affected by a vacancy among the members or any defect in the appointment of a member.

19

Subject to the preceding provisions of this Schedule, the Authority may regulate their own procedure and that of any of their committees.

Accounts

20

(1) The Authority shall—

(a) keep proper accounts and proper records in relation to the accounts;

(b) prepare a statement of accounts in respect of each financial year of the Authority; and

(c) send copies of the statement to the Secretary of State and to the Comptroller and Auditor General before the end of the month of August next following the financial year to which the statement relates.

(2) The statement of accounts shall comply with any directions given by the Secretary of State with the approval of the Treasury as to—

(a) the information to be contained in it;

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