Legalize / United Kingdom / Public General Act

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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Reform history JSON API

(1) The articles of government for a county, controlled, special agreement or maintained special school shall provide—

(a) for the constitution of a selection panel whenever such a panel is required by virtue of this Schedule in relation to the appointment of a head teacher or deputy head teacher, and

(b) for a selection panel to consist of a specified number of persons appointed to it by the local authority and a specified number of governors appointed to it by the governing body.

(2) Neither of the numbers specified by virtue of sub-paragraph (1)(b) shall be less than three; and the number specified in relation to appointments made by the governing body shall not be less than the number specified in relation to appointments made by the authority.

(3) The articles shall provide for the governing body and the authority to have power to replace, at any time, any member of a selection panel whom they have appointed.

2

Regulations may make provision as to the meetings and proceedings of selection panels.

Appointment of head teacher

3

(1) The articles of government for a county, controlled, special agreement or maintained special school shall, in relation to the appointment of a head teacher for the school, make provision for the matters set out in sub-paragraphs (2) to (11).

(2) If the post of head teacher is vacant, the local authority shall appoint an acting head teacher after consulting the governing body.

(3) Before appointing a head teacher, the local authority shall advertise the vacancy in such publications circulating throughout England and Wales as they consider appropriate.

(4) The local authority shall not appoint a person to be head teacher unless his appointment has been recommended by a selection panel constituted in accordance with the articles.

(5) The selection panel shall interview such applicants for the post as they think fit.

(6) If the panel fail to agree on the applicants whom they wish to interview—

(a) the members of the panel appointed by the governing body are to have the right to nominate not more than two applicants to be interviewed by the panel, and

(b) the other members of the panel are to have the right to nominate not more than two other applicants to be interviewed.

(7) Where the panel consider it appropriate to do so, they shall recommend to the authority for appointment as head teacher one of the applicants interviewed by them.

(8) If the panel are unable to agree on a person to recommend to the authority, they shall—

(a) repeat (with a view to reaching agreement) such of the steps mentioned in sub-paragraphs (5) to (7) as they think fit,

(b) where—

(i) they have repeated any of those steps in pursuance of paragraph (a) and remain unable to agree, or

(ii) they have decided that it is not appropriate to repeat any of those steps,

require the authority to re-advertise the vacancy, and

(9) If the authority decline to appoint a person recommended by the panel, the panel shall—

(a) where there are applicants for the post whom they have not interviewed, interview such of those applicants (if any) as they think fit,

(b) recommend another of the applicants interviewed by them, if they think fit,

(d) where the vacancy is re-advertised, repeat the steps mentioned in sub-paragraphs (5) to (7).

(10) The authority shall re-advertise the vacancy where they are required to do so by the panel, and may do so where—

(a) it has been duly advertised,

(b) the panel have failed either to make a recommendation which is acceptable to the authority or to request that the vacancy be re-advertised, and

(11) The chief education officer of the authority, or a member of his department nominated by him, shall have the right to attend all proceedings of the panel (including interviews) for the purpose of giving advice to members of the panel.

(12) In this paragraph “head teacher” does not include an acting head teacher.

Appointment of deputy head teacher

4

(1) The articles of government for a county, controlled, special agreement or maintained special school shall, in relation to the appointment of a deputy head teacher for the school, make either—

(a) the same provision, modified as mentioned in sub-paragraphs (2) and (3), as that made (in accordance with paragraph 3) in relation to the appointment of a head teacher for the school, or

(b) the same provision as that made (in accordance with paragraph 5) in relation to the appointment of other teachers at the school.

(2) If the articles (in accordance with sub-paragraph (1)(a)) provide for the appointment of a deputy head teacher to be on the recommendation of a selection panel, they shall provide that where the head teacher is not a member of the panel—

(a) he may be present, for the purpose of giving advice, at any proceedings of the panel (including interviews), and

(b) whether or not he attends any such proceedings, he shall be consulted by the panel before they make any recommendation to the local authority.

(3) No provision similar to that set out in paragraph 3(2) is required in the articles in relation to the appointment of a deputy head teacher.

Appointment of other staff: general

5

(1) The articles of government for a county, controlled, special agreement or maintained special school shall make provision for the matters set out in sub-paragraphs (2) and (3).

(2) Where there is a vacancy in a post (other than that of head teacher or deputy head teacher) which is part of the complement of the school, the local authority shall decide whether, if the post is not a new one, it should be retained.

(3) If the authority decide that the post should be retained or it is a new post, they shall—

(a) advertise the vacancy and fill it in accordance with the procedure laid down by virtue of paragraph 6, unless they have the intention mentioned in paragraph (b) below;

(b) fill the vacancy in accordance with the procedure laid down by virtue of paragraph 7, if they intend to appoint a person who, at the time when they form that intention, is an employee of theirs or has been appointed to take up employment with them at a future date.

(4) Nothing in this paragraph (or in any of paragraphs 6 to 9) applies in relation to any temporary appointment pending—

(a) the return to work of the holder of the post in question, or

(b) the taking of any steps required by the articles in relation to the vacancy in question.

Appointment of other staff: vacancy advertised

6

(1) The articles of government for any school to which paragraph 5(1) applies shall make provision for the matters set out in sub-paragraphs (2) to (7).

(2) Where the local authority decide to advertise the vacancy, they shall do so in a manner likely in their opinion to bring it to the notice of persons (including employees of theirs) who are qualified to fill the post.

(3) Where the vacancy is advertised, the governing body shall—

(a) interview such applicants for the post as they think fit, and

(b) where they consider it appropriate to do so, recommend to the authority for appointment to the post one of the applicants interviewed by them.

(4) If the governing body are unable to agree on a person to recommend to the authority, they shall—

(a) repeat the steps mentioned in sub-paragraph (3), if they consider that to do so might lead to their reaching agreement,

(b) where they have repeated those steps and remain unable to agree, or decide that it is not appropriate to repeat them, ask the authority to re-advertise the vacancy, and

(5) If the authority decline to appoint a person recommended by the governing body, the governing body shall—

(a) where there are applicants for the post whom they have not interviewed, interview such of those applicants (if any) as they think fit,

(b) recommend another of the applicants interviewed by them, if they think fit,

(d) where the vacancy is re-advertised, repeat the steps mentioned in sub-paragraph (3).

(6) Where the authority are asked to re-advertise the vacancy by the governing body, they shall do so unless—

(a) they decide that the post is to be removed from the complement of the school, or

(b) they decide to appoint a person who, at the time when that decision is made, is an employee of theirs or has been appointed to take up employment with them at a future date.

(7) Whenever governors meet to discuss the appointment or an applicant is interviewed—

(a) the head teacher (if he would not otherwise be entitled to be present), and

(b) such person (if any) as the authority appoint to represent them,

shall be entitled to be present for the purpose of giving advice.

Appointment of other staff: vacancy not advertised

7

(1) The articles of government for any school to which paragraph 5(1) applies shall make provision for the matters set out in sub-paragraphs (2) and (3).

(2) Where the vacancy is not advertised, the governing body—

(a) shall be entitled to determine a specification for the post in consultation with the head teacher, and

(b) if they do so, shall send a copy of it to the local authority.

(3) When considering whom to appoint to the post, the authority shall—

(a) have regard to any such specification, and

(b) consult the governing body and the head teacher.

Delegation of functions under paragraph 6 or 7

8

(1) The articles of government for any school to which paragraph 5(1) applies shall make provision for the matters set out in sub-paragraphs (2) and (3).

(2) The governing body shall have power, in relation to the filling of a particular vacancy or a vacancy of a kind specified by them, to delegate any of the functions which are theirs by virtue of paragraph 6 or 7—

(a) to one or more governors,

(b) to the head teacher, or

(3) In such a case, the provision made by virtue of paragraph 6(6) shall apply with the substitution of references to the person or persons to whom the functions are delegated for references to the governing body.

Restriction on making appointment where vacancy advertised

9

Where a local authority have advertised a vacancy in accordance with the provision made by the articles of government for a school by virtue of paragraph 6(2), they shall not appoint a person to the post unless—

(a) his appointment has been recommended in accordance with the provision made by the articles by virtue of paragraph 6(3) to (5), or

(b) they decide to appoint a person who, at the time when that decision is made, is an employee of theirs or has been appointed to take up employment with them at a future date.

Consultation by local authority before appointing certain non-teaching staff

10

The articles of government for a county, controlled, special agreement or maintained special school shall require the local authority to consult the governing body and the head teacher before appointing any person to work solely at the school otherwise than—

(a) in a teaching post,

(b) in a non-teaching post which is part of the complement of the school, or

(i) the provision of meals;

(ii) the supervision of pupils at midday.

Dismissal etc. of staff

11

(1) The articles of government for a county, controlled, special agreement or maintained special school shall make provision for the matters set out in sub-paragraphs (2) to (7).

(2) The local authority shall consult the governing body and (except where he is the person concerned) the head teacher before—

(a) dismissing a person to whom sub-paragraph (3) applies, or

(b) otherwise requiring such a person to cease to work at the school, or

(c) permitting such a person to retire in circumstances in which he would be entitled to compensation for premature retirement.

(3) This sub-paragraph applies to any person who is—

(a) employed in a post which is part of the complement of the school, or

(b) employed to work solely at the school in any other post, otherwise than solely in connection with either or both of the following—

(i) the provision of meals;

(ii) the supervision of pupils at midday.

(4) Where a teacher at the school is required to complete an initial period of probation, the local authority shall consult the governing body and the head teacher before—

(a) extending his period of probation, or

(b) deciding whether he has completed it successfully.

(5) Where the governing body recommend to the local authority that a person should cease to work at the school, the authority shall consider their recommendation.

(6) Both the governing body and the head teacher shall have power to suspend a person employed to work at the school where, in the opinion of the governing body or (as the case may be) the head teacher, his exclusion from the school is required.

(7) The governing body or head teacher shall—

(a) when exercising that power, immediately inform the local authority and the head teacher or (as the case may be) governing body, and

(b) end the suspension if directed to do so by the authority.

(8) In this paragraph “suspend” means suspend without loss of emoluments; and in sub-paragraph (2) the reference to dismissing a person does not include a dismissal under section 143(6) or 144(3) (dismissal of teachers of religious education).

SCHEDULE 14

Introductory

1

(1) In this Schedule “the school” means a county, controlled or special agreement school at any time when it has a delegated budget.

(2) References in this Schedule to a vacancy in any post include a prospective vacancy in the post.

(3) References in this Schedule to staff qualification requirements are to any requirements with respect to—

(a) qualifications,

(b) health and physical capacity, or

of teachers and other persons employed in work that brings them regularly into contact with persons who have not attained the age of 19 which for the time being apply under regulations under section 218 of the Education Reform Act 1988.

(4) References in this Schedule to the chief education officer of a local education authority include any officer of the authority nominated by the chief education officer.

Appointment of head teacher and deputy head teacher

2

Paragraphs 3 to 7 apply in relation to an appointment to fill a vacancy in the post of head teacher or deputy head teacher of the school.

3

The governing body shall notify the local education authority of the vacancy in writing before taking any of the steps mentioned below.

4

(1) Where the vacancy is in the post of head teacher and either the post has not been filled, or it appears to the governing body that the post will not be filled, by an appointment made in accordance with paragraphs 5 to 7 before the date on which it falls vacant—

(a) the governing body shall recommend a person for appointment as acting head teacher, and

(b) the local education authority shall appoint the person recommended unless he does not meet any staff qualification requirements which are applicable in relation to his appointment.

(2) Where the vacancy is in the post of deputy head teacher and either the post has not been filled, or it appears to the governing body that the post will not be filled, by an appointment made in accordance with paragraphs 5 to 7 before the date on which it falls vacant—

(a) the governing body may recommend a person for appointment as acting deputy head teacher, and

(b) if they do recommend a person, the local education authority shall appoint him unless he does not meet any staff qualification requirements which are applicable in relation to his appointment.

(3) If the authority decline to appoint a person recommended by the governing body for appointment as acting head teacher, the governing body shall recommend another person for appointment.

5

Before recommending a person for appointment as head teacher or deputy head teacher, the governing body shall advertise the vacancy in such publications circulating throughout England and Wales as they consider appropriate.

6

(1) The governing body shall appoint a selection panel consisting of at least three of their members to perform the functions conferred on them by this paragraph.

(2) The selection panel shall—

(a) interview such applicants for the post as they think fit,

(b) where they consider it appropriate to do so, recommend to the governing body for appointment one of the applicants interviewed by them, and

(c) if their recommendation is approved by the governing body, recommend the applicant in question to the local education authority for appointment.

(3) If the panel are unable to agree on a person to recommend to the governing body, or the governing body do not approve their recommendation, the governing body—

(a) may, if they think fit, re-advertise the vacancy in the manner required by paragraph 5, and

(b) whether or not they re-advertise the vacancy, may require the panel to repeat the steps mentioned in sub-paragraph (2).

7

(1) The local education authority shall appoint the person recommended by the selection panel unless he does not meet any staff qualification requirements which are applicable in relation to his appointment.

(2) If the authority decline to appoint the person recommended by the panel, the governing body—

(a) may, if they think fit, re-advertise the vacancy in the manner required by paragraph 5, and

(b) whether or not they re-advertise the vacancy, may require the panel to repeat the steps mentioned in paragraph 6(2).

Appointment of other teachers

8

Subject to paragraph 9, paragraphs 10 to 14 apply in relation to an appointment to fill a vacancy in any teaching post (whether full-time or part-time) at the school, other than the post of head teacher or deputy head teacher.

9

(1) Paragraphs 10 to 14 do not apply in relation to a temporary appointment to fill such a vacancy—

(a) for a period not exceeding four months, or

(b) where it appears to the governing body that the period for which the person appointed will hold the post in question will not exceed four months.

(2) Where it appears to the governing body in the case of any post that it would be appropriate to make an appointment such as is mentioned in sub-paragraph (1)—

(a) they may recommend a person for appointment to the post on such terms as to the duration of the appointment as they may specify, and

(b) the local education authority shall appoint the person recommended on the terms specified unless he does not meet any staff qualification requirements which are applicable in relation to his appointment.

10

Before taking any of the steps mentioned below, the governing body shall—

(a) determine a specification for the post in consultation with the head teacher, and

(b) send a copy of the specification to the local education authority.

11

(1) The local education authority may nominate for consideration for appointment to the post any person who appears to them to be qualified to fill it and who at the time of his nomination either—

(a) is an employee of theirs or has been appointed to take up employment with them at a future date, or

(b) is employed by the governing body of an aided school maintained by them.

(2) The authority shall not nominate a person within sub-paragraph (1)(b) without the consent of the governing body of the aided school.

12

(1) The governing body may advertise the vacancy at any time after they have sent a copy of the specification for the post to the local education authority in accordance with paragraph 10, and shall do so unless either—

(a) they accept for appointment to the post a person nominated by the local education authority under paragraph 11, or

(b) they decide to recommend to the authority for appointment to the post a person who is already employed to work at the school.

(2) Where the governing body advertise the vacancy, they shall do so in a manner likely in their opinion to bring it to the notice of persons (including employees of the authority) who are qualified to fill it.

13

(1) Where the governing body advertise the vacancy, they shall—

(a) interview such applicants for the post and such of the persons (if any) nominated by the local education authority under paragraph 11 as they think fit, and

(b) where they consider it appropriate to do so, either recommend to the authority for appointment one of the applicants interviewed by them or notify the authority that they accept for appointment any person nominated by the authority under paragraph 11.

(2) If the governing body are unable to agree on a person to recommend or accept for appointment, they may repeat the steps mentioned in sub-paragraph (1)(a) and (b), with or without first re-advertising the vacancy in accordance with paragraph 12(2).

14

(1) The local education authority shall appoint the person recommended or accepted for appointment by the governing body unless (in the case of a person other than one nominated by the authority) he does not meet any staff qualification requirements which are applicable in relation to his appointment.

(2) If the authority decline to appoint a person recommended by the governing body, the governing body shall repeat such of the steps mentioned in paragraph 13(1)(a) and (b) as they think fit, with or without first re-advertising the vacancy in accordance with paragraph 12(2).

15

The governing body may, in relation to the filling of a particular vacancy or a vacancy of a kind specified by them, delegate any of their functions under paragraphs 9 to 14—

(a) to one or more governors,

(b) to the head teacher, or

Advice of chief education officer on appointments of teachers

16

(1) The chief education officer of the local education authority shall be entitled to attend, for the purpose of giving advice—

(a) all proceedings (including interviews) of the governing body, and of any selection panel appointed under paragraph 6, relating to appointments to which paragraphs 3 to 7 apply, and

(b) all proceedings (including interviews) of the governing body, and of any persons to whom any functions of the governing body under paragraphs 9 to 14 are delegated, relating to appointments to which paragraph 9 applies or to which paragraphs 10 to 14 apply.

(2) The chief education officer shall offer such advice as he considers appropriate with respect to—

(a) the appointment of a head teacher, a deputy head teacher, an acting head teacher or an acting deputy head teacher, or

(b) any matter arising in connection with such an appointment.

(3) If requested to do so by the governing body, the chief education officer shall give such advice as he considers appropriate in relation to any appointment to which paragraph 9 applies or to which paragraphs 10 to 14 apply.

(4) Any advice given by the chief education officer to—

(a) the governing body,

(b) any selection panel appointed under paragraph 6, or

with respect to any matter which relates to an appointment and falls to be determined by them shall be considered by them before determining that matter, whether or not the advice was given at their request.

Advice of head teacher on appointments of teachers

17

Except in relation to the appointment of a head teacher—

(a) paragraph 16(1) applies in relation to the head teacher (if not otherwise entitled to be present at the proceedings there mentioned) as it applies in relation to the chief education officer, and

(b) paragraph 16(4) applies in relation to advice given by the head teacher as it applies in relation to advice given by the chief education officer.

Appointment of non-teaching staff

18

(1) Where the governing body wish to appoint a person to work in a non-teaching post at the school, they may recommend a person to the local education authority for appointment to the post.

(2) A recommendation under this paragraph shall be in writing and shall specify—

(a) the duties to be performed by the person appointed (including, where the post is part-time, his hours of work);

(b) the grade (on the scale of grades currently applicable in relation to employment with the authority) which the governing body consider appropriate for the post; and

(c) where the authority have a discretion with respect to the remuneration to be paid to a person appointed to the post, the determination of any matter to which that discretion applies and which the governing body consider appropriate in the case of the person recommended for appointment.

(3) Before selecting a person to recommend under this paragraph and determining in relation to such a recommendation any matters mentioned in sub-paragraph (2), the governing body shall consult—

(a) the head teacher (where he would not otherwise be involved in the decision), and

(b) if the post involves (or in the case of a new post, it is proposed that it should involve) work at the school for 16 hours a week or more, the chief education officer of the authority.

(4) For the purposes of sub-paragraph (2)(c), the authority are to be regarded as having a discretion with respect to the remuneration to be paid to a person appointed to a post if any provisions regulating the rates of remuneration or allowances payable to persons in the authority’s employment either—

(a) do not apply in relation to that appointment, or

(b) leave to the authority any degree of discretion as to rate of remuneration or allowances in the case of that appointment.

19

(1) The local education authority shall appoint a person recommended to them under paragraph 18 unless he does not meet any staff qualification requirements which are applicable in relation to his appointment.

(2) Any such appointment shall be on such terms as to give effect, so far as they relate to any matter mentioned in paragraph 18(2), to the governing body’s recommendation in respect of that matter.

The clerk to the governing body

20

(1) Where there is a vacancy in the office of clerk to the governing body of the school, the local education authority shall appoint a person selected by the governing body.

(2) Before selecting a person to recommend for such appointment, the governing body shall consult the chief education officer of the authority.

Discipline

21

(1) The regulation of conduct and discipline in relation to the staff of the school, and any procedures for giving members of the staff opportunities for seeking redress of any grievances relating to their employment, shall be under the control of the governing body.

(2) The governing body shall establish—

(a) disciplinary rules and procedures, and

(b) procedures such as are mentioned in sub-paragraph (1),

and shall take such steps as appear to them to be appropriate for making them known to the staff at the school.

(3) Where the implementation of any determination made by the governing body in the exercise of their control over the conduct and discipline of the staff requires any action which—

(a) is not within the functions exercisable by the governing body by virtue of this Act, but

(b) is within the power of the local education authority,

the authority shall take that action at the request of the governing body.

Suspension

22

(1) Both the governing body and the head teacher shall have power to suspend any person employed to work at the school where, in the opinion of the governing body or (as the case may be) the head teacher, his exclusion from the school is required.

(2) The governing body or head teacher shall, when exercising that power, immediately inform the local education authority and the head teacher or (as the case may be) governing body.

(3) A suspension under this paragraph may only be ended by the governing body.

(4) The governing body shall, on ending such a suspension, immediately inform the authority and the head teacher.

(5) In this paragraph “suspend” means suspend without loss of emoluments.

Dismissal, etc.

23

(1) Where the governing body determine—

(a) that any person employed to work at the school should cease to work there, or

(b) that the clerk to the governing body should be dismissed,

they shall notify the local education authority in writing of their determination and the reasons for it.

(2) If in a case within sub-paragraph (1)(a) the person concerned is employed to work solely at the school (and he does not resign), the authority shall, before the end of the period of 14 days beginning with the date on which the notification under sub-paragraph (1) is given, either—

(a) give him such notice terminating his contract of employment with the authority as is required under that contract, or

(b) terminate that contract without notice if the circumstances are such that they are entitled to do so by reason of his conduct.

(3) If in a case within sub-paragraph (1)(a) the person concerned is not employed to work solely at the school, the authority shall require him to cease to work at the school.

(4) In a case within sub-paragraph (1)(b), the authority shall dismiss the clerk to the governing body on receipt of the notification from the governing body.

24

(1) Where paragraph 23(3) applies, no part of the costs incurred by the local education authority in respect of the emoluments of the person concerned, so far as they relate to any period falling after the expiration of his contractual notice period, shall be met from the school’s budget share.

(2) The reference in sub-paragraph (1) to the person’s contractual notice period is to the period of notice that would have been required under his contract of employment with the authority for termination of that contract if such notice had been given on the date on which the notification under paragraph 23(1) was given.

25

(1) The governing body shall—

(a) make arrangements for giving any person in respect of whom they propose to make a determination under paragraph 23(1) an opportunity of making representations as to the action they propose to take (including, if he so wishes, oral representations to such person or persons as the governing body may appoint for the purpose), and

(b) have regard to any representations made by him.

(2) The governing body shall also make arrangements for giving any person in respect of whom they have made a determination under paragraph 23(1) an opportunity of appealing against it before they notify the local education authority of the determination.

26

(1) The head teacher (except where he is the person concerned) and the chief education officer of the local education authority shall be entitled to attend, for the purpose of giving advice, all proceedings of the governing body relating to a determination under paragraph 23(1).

(2) The governing body shall consider any advice given by a person who is entitled to attend such proceedings under this paragraph before making a determination under paragraph 23(1).

27

(1) The local education authority shall not dismiss a person employed by them to work solely at the school except as provided by paragraph 23.

(2) Sub-paragraph (1) does not apply in a case where the dismissal of the person in question is required under regulations under section 218(6) of the Education Reform Act 1988 (regulations prohibiting or restricting employment or further employment of teachers etc. in cases of misconduct or on medical or educational grounds).

School meals staff

28

Nothing in paragraphs 18, 19 and 21 to 27 applies in relation to the appointment of a person to work at the school, or in relation to a person so employed, where—

(a) the person concerned is to be, or is, employed to work solely in connection with the provision of meals, and

(b) less than 50 per cent. of the person’s remuneration will be, or is, met from the school’s delegated budget.

SCHEDULE 15

Part I — County, controlled and maintained special schools

Preliminary

1

The articles of government for a county, controlled or maintained special school shall make provision for the matters set out in paragraphs 2 to 7.

Reinstatement of permanently excluded pupils

2

(1) Where the local education authority have been informed of the permanent exclusion of a pupil from the school, they shall—

(a) after giving the governing body an opportunity to express their views, and

(b) after considering any views expressed within the prescribed period by the governing body,

consider whether the pupil should be reinstated immediately, reinstated by a particular date or not reinstated.

(2) If the authority decide that the pupil should be reinstated, they shall—

(a) give the appropriate direction to the head teacher, and

(b) inform the relevant person and the governing body of the direction.

(3) If the authority decide that the pupil should not be reinstated, they shall inform the relevant person of their decision.

3

(1) The head teacher shall comply with any direction for the reinstatement of a pupil who has been permanently excluded from the school—

(a) which is given by the local education authority by virtue of paragraph 2, or

(b) which is given by the governing body.

(2) If conflicting directions are given by the authority and the governing body, the head teacher shall comply with the direction which will lead to the earlier reinstatement of the pupil.

4

Where the governing body direct the head teacher to reinstate a pupil who has been permanently excluded from the school, they shall inform the relevant person and the local education authority of the direction.

Reinstatement of pupils excluded for a fixed period

5

(1) Where a pupil is excluded from the school for a fixed period in circumstances in which he would, as a result of the exclusion—

(a) be excluded from the school for a total of more than five school days in any one term, or

(b) lose an opportunity to take a public examination,

the head teacher shall comply with any direction given by the local education authority or the governing body for the pupil’s reinstatement.

(2) If conflicting directions are given by the authority and the governing body, the head teacher shall comply with the direction which will lead to the earlier reinstatement of the pupil.

6

(1) Where the local education authority—

(a) have been informed of the exclusion of a pupil from the school for a fixed period, and

(b) propose to give any such direction as is mentioned in paragraph 5(1),

they shall consult the governing body before giving such a direction.

(2) Where they give such a direction, the authority shall inform the relevant person and the governing body of the direction.

7

Where the governing body give any such direction as is mentioned in paragraph 5(1), they shall inform the relevant person and the local education authority of the direction.

Part II — Aided and special agreement schools

Preliminary

8

The articles of government for an aided or a special agreement school shall make provision for the matters set out in paragraphs 9 to 13.

Reinstatement of permanently excluded pupils

9

(1) Where the governing body have been informed of the permanent exclusion of a pupil from the school, they shall consider whether he should be reinstated immediately, reinstated by a particular date or not reinstated.

(2) If the governing body decide that the pupil should be reinstated, they shall—

(a) give the appropriate direction to the head teacher, and

(b) inform the relevant person and the local education authority of the direction.

(3) If the governing body decide that the pupil should not be reinstated, they shall (without delay) inform the relevant person and the local education authority of their decision.

10

The head teacher shall comply with any direction for the reinstatement of the pupil given by the governing body by virtue of paragraph 9.

Reinstatement of pupils excluded for a fixed period

11

(1) Where a pupil is excluded from the school for a fixed period in circumstances in which he would, as a result of the exclusion—

(a) be excluded from the school for a total of more than five school days in any one term, or

(b) lose an opportunity to take a public examination,

the head teacher shall comply with any direction given by the governing body or the local education authority for the pupil’s reinstatement.

(2) If conflicting directions are given by the authority and the governing body, the head teacher shall comply with the direction which will lead to the earlier reinstatement of the pupil.

12

(1) Before giving any such direction as is mentioned in paragraph 11(1) the local education authority shall—

(a) give the governing body an opportunity to express their views; and

(b) consider any views expressed within the prescribed period by the governing body.

(2) Where the authority give any such direction, they shall inform the relevant person and the governing body of the direction.

13

Where the governing body give any such direction as is mentioned in paragraph 11(1), they shall inform the relevant person and the local education authority of the direction.

Part III — General

Power to prescribe periods for the taking of any required steps

14

Regulations may provide that, where a local education authority or governing body of a school are required under the preceding provisions of this Schedule to take any step, the duty must, subject to prescribed exceptions, be performed within the prescribed period; but such a provision shall not relieve the authority or body of the duty to take any step which has not been taken within that period.

Meaning of “the relevant person”

15

In this Schedule “the relevant person” means—

(a) in relation to a pupil under the age of 18, a parent of his;

(b) in relation to a pupil who has attained that age, the pupil himself.

SCHEDULE 16

Duty to inform parent or pupil of right of appeal

1

(1) The articles of government for a county, controlled or maintained special school shall require the local education authority, where by virtue of paragraph 2(3) of Schedule 15 they inform the relevant person of their decision that a pupil should not be reinstated, to give him notice in writing—

(a) of his right to appeal against the decision;

(b) of the last date on which an appeal may be made (calculated in accordance with paragraph 3(1) below);

(d) that no appeal may be made after notice under that provision is given.

(2) The articles of government for an aided or a special agreement school shall require the governing body, where by virtue of paragraph 9(3) of Schedule 15 they inform the relevant person of their decision that a pupil should not be reinstated, to give him notice in writing—

(a) of his right to appeal against the decision;

(b) of the last date on which an appeal may be made (calculated in accordance with paragraph 3(1) below);

(d) that no appeal may be made after notice under that provision is given.

Suspension of direction for reinstatement pending appeal etc.

2

(1) A direction for the reinstatement of a pupil given by virtue of paragraph 2 of Schedule 15 shall not have effect for a period ending with the fifth school day ending after the governing body are informed of the direction by the local education authority unless, within that period, the governing body inform the authority that they do not intend to appeal against the direction.

(2) Where, within that period, the governing body lodge an appeal against the direction in accordance with the arrangements made by the local education authority under section 159(1)—

(a) the authority shall, before the end of the fourth school day after the day on which the appeal is lodged, inform the relevant person of his right to make representations to the appeal committee, and

(b) the direction shall not have effect unless it is confirmed by the appeal committee or the appeal is withdrawn.

(3) No appeal against such a direction may be made by the governing body after the direction has taken effect.

Time limits and notices waiving right to appeal

3

(1) No appeal under section 159(1)(a) or (2) against a decision not to reinstate a pupil may be made after the 15th school day after the day on which the relevant person is given notice in writing under paragraph 1(1) or (2).

(2) Any notice in writing given by the relevant person to the body responsible for making any arrangements under section 159(1) or (2) which states that he does not intend to appeal against a decision not to reinstate the pupil shall be final.

(3) The time limit for appealing under section 159 shall be treated as having expired on the day on which notice is given under sub-paragraph (2) (if earlier than the last day on which an appeal may be made in accordance with sub-paragraph (1)).

Appeal committees

4

(1) Part I of Schedule 33 (school admission appeals) shall have effect in relation to appeals under section 159 with the necessary modifications.

(2) Accordingly, in the application of that Part of that Schedule in relation to any such appeals—

(a) any reference to section 423(1) shall be read as a reference to section 159(1);

(b) any reference to section 423(2) shall be read as a reference to section 159(2); and

Procedure on an appeal

5

In the following provisions of this Schedule—

“appeal” means an appeal under section 159;

“appeal committee” means an appeal committee constituted in accordance with Part I of Schedule 33, as it applies in accordance with paragraph 4 above.

6

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

7

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 body responsible for making any arrangements under section 159 has determined a shorter period, within that period.

7A

(1) For the purpose of fixing the time (falling within the period mentioned in paragraph 7) at which the hearing of an appeal is to take place, the body mentioned in that paragraph 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 8 or 9,

would be able to attend.

(2) Where in accordance with sub-paragraph (1) that 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.

8

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

(2) On such an appeal the committee shall allow—

(a) the head teacher to make written representations and to appear and make oral representations,

(b) the local education authority and the governing body to make written representations,

(c) an officer of the authority nominated by the authority, and a governor nominated by the governing body, to appear and make oral representations, and

(d) the governing body to be represented.

9

(1) On an appeal by a governing body the appeal committee shall give a governor nominated by the governing body an opportunity of appearing and making oral representations, and shall allow the governing body to be represented.

(2) On such an appeal the committee shall allow—

(a) the relevant person to make written representations and to appear and make oral representations,

(b) the local education authority to make written representations, and

10

(1) The body responsible for making any arrangements under section 159 shall, in setting any time limits in connection with appeals, have regard to the desirability of securing that appeals are disposed of without delay.

(2) If the relevant person making an appeal under section 159(1)(a) or (2) requests that body to do so, it may in exceptional circumstances extend the period in which an appeal committee is to hear the appeal and communicate its decision.

11

(1) Appeals shall be heard in private except when the local education authority or governing body by whom the arrangements under section 159 are made direct otherwise.

(2) Without prejudice to any of the provisions of this Schedule—

(a) a member of the local education authority may attend, as an observer, any hearing of an appeal by an appeal committee; and

(b) any member of the Council on Tribunals may attend, as an observer, any meeting of an appeal committee at which an appeal is considered.

12

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.

12A

(1) In deciding—

(a) whether the pupil in question should be reinstated (and, if so, the time when this should take place), or

(b) whether any direction for the reinstatement of the pupil in question should be confirmed,

an 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 any such decision an appeal committee shall also have regard to the measures publicised by the head teacher under section 154(7).

(3) Sub-paragraphs (1) and (2) do not apply where an 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.

13

In the event of a disagreement between the members of an 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.

14

The decision of an appeal committee and the grounds on which it is made shall be communicated by the committee in writing to the relevant person, the head teacher, the local education authority and the governing body, and shall be so communicated—

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

(b) if the body responsible for making any arrangements under section 159 has determined a shorter period, within that period.

15

(1) Subject to paragraphs 6 to 14, all matters relating to the procedure on appeals . . . shall be determined by the local education authority or governing body by whom the arrangements under section 159 are made.

(2) Neither section 106 of the Local Government Act 1972 nor paragraph 44 of Schedule 12 to that Act (procedure of committees of local authorities) shall apply to an appeal committee.

Notices

16

(1) Where in accordance with paragraph 1(1) or (2) notice in writing is required to be given to a person, the notice may be given either—

(a) by delivering it to the person’s last-known address, or

(b) by properly addressing, pre-paying and sending by first class post to the person’s last-known address a letter containing the notice.

(2) For the purposes of calculating the period referred to in paragraph 3(1), a notice shall be taken to have been given—

(a) where first class post is used, on the second school day after the date of posting, or

(b) where the notice is delivered, on the date of delivery,

unless (in either case) the contrary is shown.

Meaning of “the relevant person”

17

In this Schedule “the relevant person” means—

(a) in relation to a pupil under the age of 18, a parent of his;

(b) in relation to a pupil who has attained that age, the pupil himself.

Power of Secretary of State to make amendments

18

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

SCHEDULE 17 — Governors’ annual reports

General

1

(1) The articles of government for a county, voluntary or maintained special school shall impose the requirements set out in paragraphs 2 to 9F.

(2) In those paragraphs “the report” means a governors’ report prepared under section 161.

2

The report shall be as brief as is reasonably consistent with the requirements as to its contents.

Requirements as to contents

3

Where there is an obligation on the governing body (by virtue of section 162) to hold an annual parents’ meeting, the report shall—

(a) give details of the date, time and place for the next annual parents’ meeting and its agenda;

(b) indicate that the purpose of that meeting will be to discuss both the governors’ report and the discharge by the governing body, the head teacher and the local authority of their functions in relation to the school; and

4

The report shall—

(a) give the name of each governor and indicate whether he—

(i) is a parent, teacher or foundation governor,

(ii) was co-opted or otherwise appointed as a governor, or

(iii) is an ex officio governor;

(b) in the case of an appointed governor, say by whom he was appointed;

(c) in relation to each governor who is not an ex officio governor, give the date on which his term of office comes to an end; and

(d) name, and give the address of, the chairman of the governing body and their clerk.

5

The report shall give such information as is available to the governing body about arrangements for the next election of parent governors.

6

The report shall contain a financial statement—

(a) reproducing or summarising any financial statement of which a copy has been provided to the governing body by the local authority under section 122 or 124 since the last governors’ report was prepared under section 161;

(b) indicating, in general terms, how any sum made available to the governing body by the authority—

(i) in respect of the school’s budget share, or

(ii) under section 125,

in the period covered by the report was used;

(d) stating the total amount of any travelling and subsistence allowances paid to members of the governing body in that period.

7

The report shall give such information about—

(a) public examinations and other assessments of pupils’ achievements,

(b) pupils’ absences from the school,

(d) the employment or training taken up by such pupils,

as is required to be published by virtue of section 414(6) and (7).

7A

The report shall give the information about public examinations and other assessments of pupils’ achievements—

(a) at schools in England (where the school is in England), or

(b) at schools in Wales (where the school is in Wales),

which has most recently been made available to the governing body by the Secretary of State.

8

The report shall describe what steps have been taken by the governing body to develop or strengthen the school’s links with the community (including links with the police).

9

The report shall draw attention to the information made available by the governing body in accordance with regulations made under section 408 so far as relating to the matters mentioned in subsection (2)(b) of that section (information as to educational provision made for pupils at the school and syllabuses followed by them).

9A

The report shall summarise, where the school is in England, the nature, amount and purpose of training and professional development undertaken by the school’s teaching staff in the period since the last governors’ report was prepared under section 161, identifying in particular the nature, amount and purpose of any training and professional development so undertaken on any day when the staff were required to be available for work but were not required to teach pupils.

9B

The report shall give, where the school is in Wales, such information about any targets for improvement set by the governing body in respect of the performance of pupils at the school as is required to be published by virtue of regulations made under section 414(6).

9C

The report shall describe in general terms—

(a) the arrangements made for the security of the pupils and staff at the school and the school premises, and

(b) any changes to those arrangements since the last governors’ report was prepared under section 161.

9D

The report shall indicate in relation to the period since the last governors’ report was prepared under section 161—

(a) to what extent the aims of the governing body with respect to sport at the school have been attained; and

(b) any notable sporting achievements of the school’s teams during that period.

9E

The report shall give the dates of the beginning and end of each school term, and of half-term holidays, for the next school year.

9F

The report shall summarise any changes to information contained in the school prospectus since it was last published pursuant to regulations made under section 414(6).

Power of Secretary of State to make amendments

10

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

SCHEDULE 18 — Annual parents’ meetings

Proceedings at an annual parents’ meeting

1

The articles of government for a county, voluntary or maintained special school shall provide for the proceedings at an annual parents’ meeting to be under the control of the governing body.

2

(1) The articles of government for a county, voluntary or maintained special school shall provide for any annual parents’ meeting at which the required number of parents of registered pupils at the school are present to be entitled to pass (by a simple majority) resolutions on any matters which may properly be discussed at the meeting.

(2) In sub-paragraph (1) “the required number”, in relation to a school, means any number equal to or greater than 20 per cent. of the number of registered pupils at the school.

3

No person who is not a parent of a registered pupil at the school may vote on any question put to an annual parents’ meeting.

Consideration of resolutions passed at an annual parents’ meeting

4

(1) The articles of government for a county, voluntary or maintained special school shall require the governing body—

(a) to consider any resolution which is duly passed at an annual parents’ meeting and which they consider is a matter for them;

(b) to send to the head teacher a copy of any resolution which is so passed and which they consider is a matter for him; and

(c) to send to the local authority a copy of any resolution which is so passed and which they consider is a matter for the authority.

(2) The articles of government shall in addition—

(a) require the head teacher to consider any resolution a copy of which has been sent to him by virtue of sub-paragraph (1)(b) and to provide the governing body with a brief comment on it (in writing) for inclusion in their next governors’ report; and

(b) require the local authority to do likewise in relation to any resolution a copy of which has been sent to them by virtue of sub-paragraph (1)(c).

Determination of question whether person is to be treated as pupil’s parent

5

(1) The articles of government for a county, controlled or maintained special school shall provide for any question whether any person is to be treated, for the purposes of any provision of the articles relating to the annual parents’ meeting, as the parent of a registered pupil at the school to be determined by the local authority.

(2) The articles of government for an aided or a special agreement school shall provide for any such question to be determined by the governing body.

SCHEDULE 19 — Conduct and staffing of new county, voluntary and maintained special schools

Part I — General

Articles of government for new schools

1

(1) The requirement for there to be articles of government for a school (imposed by section 127) shall not apply in relation to a new school until the requirement for there to be an instrument of government for the school takes effect under section 99.

(2) Before making an order under section 127 as to the articles of government for a new school, the local authority shall consult the temporary governing body and the head teacher.

(3) Before making such an order in respect of a new school which will be a voluntary school, the authority shall—

(a) secure the agreement of the temporary governing body to the terms of the proposed order, and

(b) secure the agreement of the temporary foundation governors to any provisions which are of particular concern to those governors.

(4) Where a local authority propose to make an order under section 127 in respect of a new school but cannot secure any agreement required by this paragraph, they or (as the case may be) the temporary governing body or temporary foundation governors may refer the matter to the Secretary of State.

(5) On a reference to him under this paragraph, the Secretary of State shall give such direction as he thinks fit.

2

Section 129(2) (amendment of articles) shall not apply in relation to a new school; but if the articles of government for a new county or voluntary school contain any provisions to which section 129(1) would apply during any period when the school had a delegated budget (“inconsistent provisions”) they shall also include in relation to each inconsistent provision the statement required by section 129(3).

Conduct of new schools: general

3

The determination of those matters relating to the conduct of a new school which require to be determined before a governing body is constituted for the school under an instrument of government shall be under the direction of the temporary governing body, but subject to any provision made by or under this Act (including, in particular, this Schedule) or any other enactment.

4

Regulations may make in relation to consultation with temporary governing bodies provision similar to the provision that may be made in relation to consultation with governing bodies by regulations under section 131 (consultation not required in urgent cases).

Part II — Staffing of new schools: financial delegation not proposed

Staffing of new county, controlled or maintained special schools

5

Subject to paragraph 19(4), paragraphs 6 to 11 apply in relation to any new school for which a temporary governing body have been constituted and which will be a county, controlled or maintained special school.

6

(1) The complement of teaching and non-teaching posts for the school shall be determined by the local authority.

(2) Section 133(2) and (3) (staff complements) shall apply in relation to a complement determined under this paragraph.

7

(1) Whenever a selection panel is required by virtue of paragraph 8 or 9, it shall be constituted in accordance with this paragraph.

(2) A selection panel shall consist of—

(a) such number of persons appointed to it by the local authority, and

(b) such number of temporary governors appointed to it by the temporary governing body,

as the authority shall determine.

(3) Neither of the numbers so determined shall be less than three; and the number determined in relation to appointments made by the temporary governing body shall not be less than the number determined in relation to appointments made by the authority.

(4) The temporary governing body and the authority may replace, at any time, any member of a selection panel whom they have appointed.

(5) Regulations may make provision, for the purposes of this paragraph, as to the meetings and proceedings of selection panels.

8

(1) Subject to sub-paragraph (2) below, sub-paragraphs (3) to (11) of paragraph 3 of Schedule 13 (appointment of head teacher) shall apply in relation to the appointment of a head teacher for the school—

(a) as if they had effect as independent enactments (rather than for the purposes of the provision to be made by articles of government); and

(b) subject to any necessary modifications.

(2) Where—

(a) two or more schools are to be discontinued (“the discontinued schools”), and

(b) the registered pupils at those schools, or a substantial number of those pupils, are expected to transfer to the new school,

the local authority may, in consultation with the temporary governing body, appoint one of the head teachers of the discontinued schools as the first head teacher for the new school, instead of following the procedure set out in sub-paragraphs (3) to (11) of paragraph 3 of Schedule 13 (as applied by sub-paragraph (1) above).

(3) If the post of head teacher is vacant, the authority may, if they think fit, appoint an acting head teacher after consulting the temporary governing body.

9

(1) Subject to sub-paragraph (2) below, sub-paragraphs (3) to (11) of paragraph 3 of Schedule 13 shall apply in relation to the appointment of a deputy head teacher for the school—

(a) as if they had effect as independent enactments (rather than for the purposes of the provision to be made by articles of government); and

(b) subject to any necessary modifications.

(2) If the local authority so decide, those provisions of Schedule 13 shall not so apply and instead the general staff appointment provisions shall apply in relation to the appointment of a deputy head teacher for the school—

(a) as if they had effect as independent enactments (rather than for the purposes of the provision to be made by articles of government); and

(b) subject to any necessary modifications.

(3) Where (in accordance with sub-paragraph (1)) the appointment of a deputy head teacher is on the recommendation of a selection panel and the head teacher is not a member of the panel, the head teacher—

(a) shall be entitled to be present, for the purpose of giving advice, at any proceedings of the panel (including interviews), and

(b) whether or not he attends any such proceedings, shall be consulted by the panel before they make any recommendation to the local authority.

(4) In this paragraph and paragraph 10 “the general staff appointment provisions” means the following provisions of Schedule 13—

(a) paragraph 5(3);

(b) paragraph 6(2) to (7);

(d) paragraph 8(2) and (3).

10

(1) The general staff appointment provisions shall apply in relation to the appointment of a person to a post (other than that of head teacher or deputy head teacher) which is part of the complement of the school as if they had effect as independent enactments (rather than for the purposes of the provision to be made by articles of government).

(2) The local authority shall consult the temporary governing body and the head teacher before appointing any person to work solely at the school otherwise than—

(a) in a teaching post,

(b) in a non-teaching post which is part of the complement of the school, or

(i) the provision of meals;

(ii) the supervision of pupils at midday.

(3) This paragraph does not apply in relation to a temporary appointment pending—

(a) the return to work of the holder of the post in question, or

(b) the taking of any steps required by virtue of this Schedule in relation to the vacancy in question.

(4) Paragraph 9(4) applies for the purposes of this paragraph.

11

(1) The clerk to the temporary governing body shall be appointed by the local authority.

(2) When the arrangement for the constitution of the temporary governing body comes to an end under section 96 or 97, the person who was the clerk to that body shall act as clerk to the governing body who succeed them, pending the appointment of a clerk under section 135.

12

Subject to paragraph 19(4), a local authority shall, in discharging their duty under paragraph 21 of Schedule 9 (temporary governing bodies) to provide information to the temporary governing body of a new school which will be a county, controlled or maintained special school, inform the temporary governing body, in particular—

(a) of the number of members of any selection panel required by virtue of paragraph 8 or 9 above who are to be appointed by the authority and the number who are to be appointed by the temporary governing body;

(b) where the authority intend to exercise the power conferred on them by paragraph 8(2) above, of their intention to do so;

(d) of the complement of staff for the school; and

(e) of the authority’s proposals with regard to the appointment of staff for the school and the timing of appointments.

Staffing of new aided schools

13

Subject to paragraph 19(5), paragraphs 14 to 16 apply in relation to a new school which will be an aided school.

14

Subject to paragraph 15(1), the local authority and the temporary governing body shall have the same powers, and be under the same duties, for the purposes of the appointment and dismissal of staff at the school as would the authority and the governing body for an aided school whose articles of government provided for—

(a) staff employed solely in connection with the provision of school meals to be appointed by the authority, and

(b) other staff employed at the school to be appointed by the governing body.

15

(1) The first appointment of a clerk to the temporary governing body shall be made by the promoters of the school (that is, the persons making the relevant proposals).

(2) When the arrangement for the constitution of the temporary governing body comes to an end under section 97, the person who was the clerk to that body shall act as clerk to the governing body who succeed them, pending the appointment of their clerk.

16

(1) The local authority shall, with a view to enabling staff to be appointed in good time, notify the temporary governing body of any determination, prohibition or direction they intend to make or give pursuant to subsection (2)(b), (4)(a) or (b) or (5) of section 134 (staffing of aided schools).

(2) The authority shall, in discharging their duty under paragraph 21 of Schedule 9 to provide information to the temporary governing body of a new school which will be an aided school, inform the temporary governing body, in particular, of the authority’s proposals with regard to the appointment of staff for the school and the timing of appointments.

Expenditure on staff for new schools

17

Where a temporary governing body are constituted for a new school, the local authority shall be under the same duty to defray the expenses incurred in relation to the staff appointed in accordance with paragraphs 6 to 11 or (as the case may be) 14 and 15, as they would be if the relevant proposals had been implemented and the temporary governing body were the governing body of the school.

Part III — Staffing of new schools: financial delegation proposed

Adaptation of references

18

For the purposes of the application (in accordance with paragraphs 19 to 24) of sections 136 to 141 and Schedule 14 in relation to new schools which will be county or voluntary schools—

(a) references to the governing body of a school shall be read as including the temporary governing body of a new school;

(b) references to a county school shall be read as including a new school which on implementation of the relevant proposals will be a county school; and

(c) references to a voluntary school of a particular category, or maintained by a particular local authority, shall be read as including a new school which on implementation of the relevant proposals will be a voluntary school of that category, or maintained by that authority.

Application or otherwise of provisions about staffing

19

(1) Subject to paragraphs 20 to 24, section 136 or (as the case may be) section 137 (staffing of county or voluntary schools with delegated budgets) shall apply to a new school which on implementation of the relevant proposals will be a school of a category to which that section applies not only at any time when (by virtue of Schedule 12) the new school has a delegated budget but also at any time when it has a temporary governing body and sub-paragraph (2) or (3) is satisfied.

(2) This sub-paragraph is satisfied if the delegation requirement under the scheme will apply to the school on or before the implementation of the relevant proposals.

(3) This sub-paragraph is satisfied if the local authority propose to exercise any power under the scheme to delegate the management of the school’s budget share for a financial year by making such a delegation—

(a) to the temporary governing body before the implementation of the relevant proposals, or

(b) to the governing body of the school on implementation of those proposals.

(4) Paragraphs 6 to 12 of this Schedule shall not apply in relation to a new school to which section 136 for the time being applies.

(5) Paragraphs 14 to 16 of this Schedule shall not apply in relation to a new school to which section 137 for the time being applies.

20

Sections 136, 137 and 138 and Schedule 14 (staffing of schools with delegated budgets) shall apply, in the case of a new school, for the purposes only of—

(a) the appointment of staff at the school, and

(b) the taking of such steps with respect to any other matters referred to in those provisions as may be appropriate in preparation for the conduct of the school following implementation of the relevant proposals.

21

In the case of a new school which is a proposed county, controlled, aided or special school, no appointments of staff for the school shall be made by the local authority before the constitution of a temporary governing body for the school.

22

Section 139(2) and (5) (payments in respect of dismissal) shall not apply in relation to a new school.

23

Any provision included in a scheme by virtue of subsection (3) of section 140 (community schools), so far as it relates to the appointment of staff at a school to which that section applies, shall apply in relation to a new school which on implementation of the relevant proposals will be a school to which that section applies.

24

(1) Section 141 (amendment of articles) shall not apply in relation to a new school.

(2) The local authority shall, however, incorporate—

(a) the statement mentioned in section 141(2) in the articles of government for a new school which will be a county or controlled school and to which section 136 applies, or

(b) the statement mentioned in section 141(3) in the articles of government for a new school which will be an aided school and to which section 137 applies.

Part IV — Other matters relating to conduct etc. of new schools

Preparation of curriculum

25

(1) The head teacher of a new school for which a temporary governing body have been constituted shall, in preparing to discharge his functions under Part V in relation to the curriculum for the school, consult that body and the local authority.

(2) Any authority who have been consulted under this paragraph shall inform the head teacher of the resources which are likely to be made available to the school; and the head teacher shall have regard to any information so given to him.

School terms, holidays and sessions

26

(1) Pending the coming into force of the articles of government for a new school which will be a county or controlled school—

(a) the dates when the school terms and holidays are to begin and end shall be determined by the local authority, and

(b) the times of the school sessions shall be determined by the temporary governing body after consultation with the authority.

(2) Pending the coming into force of the articles of government for a new school which will be an aided school—

(a) the dates and times when the school terms and holidays are to begin and end, and

(b) the times of the school sessions,

shall be determined by the temporary governing body.

(3) In this paragraph “the times of the school sessions” means the times at which each of the school sessions (or, if there is only one, the school session) is to begin and end on any day.

Discipline

27

Pending the coming into force of the articles of government for a new school, section 154(2) to (6) (responsibility for discipline) shall apply—

(a) in relation to the head teacher, and

(b) subject to any necessary modifications, in relation to the temporary governing body,

as if they had effect as independent enactments (rather than for the purposes of the provision to be made by articles of government).

Reports and information

28

(1) A temporary governing body shall provide the local authority with such reports in connection with the discharge of their functions as the authority may require (either on a regular basis or from time to time).

(2) The head teacher of a new school for which a temporary governing body have been constituted shall provide that body or (as the case may be) the local authority with such reports in connection with the discharge of his functions as that body or the authority may require (either on a regular basis or from time to time).

(3) In the case of a new school which will be an aided school—

(a) the local authority shall notify the temporary governing body of any requirement imposed by them on the head teacher under sub-paragraph (2), and

(b) the head teacher shall provide the temporary governing body with a copy of any report which he makes in complying with any such requirement.

Consultation on expenditure by local authority

29

(1) Where a temporary governing body have been constituted for a new school, the local authority shall consult that body and the head teacher on their proposed expenditure on books, equipment and stationery for the school.

(2) Sub-paragraph (1) does not apply in relation to a new school which has a delegated budget.

SCHEDULE 20

Part I — Proposals for acquisition of grant-maintained status

Publication of proposals and notice

1

(1) Where proposals are required to be published under section 193, they shall be published by being—

(a) posted at or near the main entrance to the school, or (if there is more than one main entrance) all of them,

(b) posted in at least one conspicuous place within the area served by the school, and

(c) made available for inspection at all reasonable times at the school or at any other place within that area to which members of the public may conveniently have access.

(2) Within the period of 10 days beginning with the date of publication of the proposals there shall be published in at least one newspaper circulating in that area a notice in respect of the proposals containing such summary of the proposals as the governing body may think appropriate (including, in particular, the information required by sub-paragraph (3)).

(3) The notice shall—

(a) state that proposals for acquisition of grant-maintained status have been published and submitted to the Secretary of State for approval,

(b) specify the proposed date of implementation of the proposals,

(c) state that, if the proposals are approved, the school will on that date cease to be maintained by the local education authority,

(d) state that, if the proposals are approved, the school will on and after that date be conducted by a governing body incorporated under Part III and receive annual grants from the funding authority,

(e) give the information required to be specified in the proposals by paragraph 4(1)(a) and (2)(a),

(f) state where the proposals may be inspected, and

(g) explain the effect of paragraph 5.

(4) The Secretary of State may by regulations make such provision (whether by way of modification of, or substitution for, the provisions of sub-paragraphs (1) to (3)) as he considers appropriate in relation to—

(a) the publication of proposals for acquisition of grant-maintained status, and

(b) the publication of such notice (if any) in respect of proposals for acquisition of grant-maintained status as may be prescribed.

(5) For the purposes of the application of section 311(6) in relation to sub-paragraph (2) above the requirement to publish a notice under that sub-paragraph shall not be regarded as a requirement with respect to the publication of the proposals in question.

Statement to be annexed to proposals

2

(1) There shall be annexed to any proposals published under section 193 a statement which shall—

(a) state the result of the ballot, giving the number of votes cast in favour of seeking grant-maintained status for the school, the percentage of those eligible to vote who voted, and the number of votes cast against,

(b) state whether the school is a county, controlled, aided or special agreement school,

(c) briefly describe the existing character of the school including, in the case of a school which has a particular religious character, that character and the religion or religious denomination (if any) in accordance with whose tenets religious education is provided,

(d) state the number of pupils for whom accommodation can be provided at the school, and

(e) give such other information as may be prescribed.

(2) The statement so annexed shall be treated for the purposes of section 193 and of paragraph 1 as forming part of the proposals.

Statement to accompany published proposals

3

Any proposals published under section 193 shall be accompanied by a statement which shall—

(a) describe the requirements of Part III as to the membership of the governing body of a grant-maintained school,

(b) state that the head teacher will be a governor of the school ex officio if the school becomes a grant-maintained school,

(c) explain the circumstances in which a person named in the proposals in accordance with section 234 or 236, or regulations made by virtue of section 240, as a proposed initial governor may be replaced under section 237 or 238 or the regulations,

(d) explain the procedure applicable under Part III in each case in which such a replacement is required,

(e) if the determination of an initial governor of an elected category is pending on the date of publication of the proposals, explain the requirements applicable under Part III in any such case,

(f) explain the effect of paragraph 5, and

(g) give such other information as may be prescribed.

Details of proposals

4

(1) Any proposals published under section 193 shall—

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

(b) specify the number of initial parent, teacher and first or, as the case may be, foundation governors proposed for the governing body (in accordance with sections 223 to 228),

(d) give the relevant particulars in respect of each person required by section 234 or 236, or regulations made by virtue of section 240, to be named in the proposals as published as a proposed initial governor,

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

(f) if the determination of an initial governor of an elected category is pending on the date of publication of the proposals, state that fact and refer to the explanation given in the statement accompanying the proposals in accordance with paragraph 3(e),

(g) give the name under which it is proposed that the governing body should be incorporated under section 195, and

(h) specify the proposed date of implementation of the proposals.

(2) The proposals shall describe the arrangements it is proposed to adopt, if the school becomes a grant-maintained school, in respect of—

(a) the admission of pupils to the school,

(b) the provision to be made at the school for pupils who have special educational needs, and

(c) the induction of newly-qualified teachers at the school and the in-service training and professional development of teachers at the school.

(3) In giving the information required by sub-paragraph (2)(a), the proposals shall in particular 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 proposed date of implementation of the proposals and, if pupils are proposed to be admitted for nursery education, give the prescribed information.

Objections to proposals

5

Within the period of two months beginning with the date of publication of any proposals under section 193, 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) any persons holding property on trust for the purposes of the school,

(d) any local education authority concerned.

Interpretation

6

(1) For the purposes of this Part of this Schedule, the determination of an initial governor of an elected category is pending on the date of publication of any proposals under section 193 if sub-paragraph (2) or (3) applies.

(2) This sub-paragraph applies if an election or appointment required by section 234(7) has not been held or made by the date of publication.

(3) This sub-paragraph applies if—

(a) an election or appointment required for filling an outstanding vacancy for a governor of an elected category on the existing governing body has not been held or made by the date of publication, and

(b) the vacancy falls to be taken into account in determining whether an election or appointment is required by section 234(7).

Part II — Proposals for establishment of new grant-maintained school

Content of proposals

7

(1) Proposals published under section 211 or 212 shall—

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