Education (No. 2) Act 1986

Part I

Instruments of government and articles of government

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• (1) For every county, voluntary and maintained special school there shall be—

• (a) an instrument providing for the constitution of a governing body of the school (to be known as the instrument of government); and

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

• (2) The instrument of government and articles of government shall be made by order of the local education authority.

• (3) The instrument of government shall contain such provisions as are required either by Part II of this Act (which is concerned, among other things, with the size and composition of governing bodies and the procedures for electing members and filling vacancies) or by any other enactment.

• (4) The articles of government shall contain such provisions as are required either by Part III of this Act (which is concerned, among other things, with the manner in which schools are to be conducted and the allocation of functions between the local education authority, the governing body and the head teacher) or by any other enactment.

• (5) The instrument of government and articles of government shall—

• (a) contain no provision which is inconsistent with any provision made by or under this Act or any other enactment; and

• (b) comply with any trust deed relating to the school.

• (6) This section is subject to the following provisions of this Act—

• (a) section 9 (which provides for two or more schools to be grouped under a single governing body in certain circumstances); and

• (b) section 12 (which provides for certain existing, or proposed, schools to have temporary governing bodies pending the constitution of governing bodies under instruments of government).

Procedure in relation to making etc. of instruments and articles

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• (1) Before making any order under section 1 of this Act, a local education authority shall consult the governing body and the head teacher of the school concerned.

• (2) Before making any such order in respect of a voluntary school, a local education authority shall—

• (a) secure the agreement of the governing body to the terms of the proposed order;

• (b) if it embodies or varies an instrument of government, secure the agreement of the foundation governors to any provisions which are of particular concern to those governors; and

• (c) have regard to the way in which the school has been conducted.

• (3) Where the governing body of any county, voluntary or maintained special school make a proposal to the local education authority for the alteration of the provision made by the instrument of government, or articles of government, for the school, it shall be the duty of the authority to consider their proposal.

• (4) Where—

• (a) the foundation governors of a voluntary school make a proposal to the local education authority for the alteration of the provision made by the instrument of government for the school; and

• (b) the proposal relates solely to one or more matters which are of particular concern to those governors;

it shall be the duty of the authority to consider their proposal.

• (5) Where a local education authority—

• (a) propose to make an order under section 1 but cannot secure any agreement required by subsection (2) above; or

• (b) refuse, in the case of a voluntary school, to make such an order in response to a proposal of a kind mentioned in subsection (3) or (4) above;

the authority or (as the case may be) the governing body or foundation governors may refer the matter to the Secretary of State.

• (6) On any reference to him under subsection (5) above, the Secretary of State shall give such direction as he thinks fit having regard, in particular, to the status of the school as a controlled, aided or (as the case may be) special agreement school.

• (7) Where it appears to the Secretary of State—

• (a) that an order, or proposed order, under section 1 is in any respect inconsistent with the provisions of any trust deed relating to the school; and

• (b) that it is expedient in the interests of the school that the provisions of the trust deed should be modified for the purpose of removing the inconsistency;

he may by order make such modifications in the trust deed as appear to him to be just and expedient for that purpose.

Part II

Governing bodies

Governing bodies for county, controlled and maintained special schools

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• (1) This section applies in relation to any county, controlled or maintained special school.

• (2) The instrument of government for such a school which has less than 100 registered pupils shall, subject to section 7 of this Act, provide for the governing body to consist of the following (and no others)—

• (a) two parent governors;

• (b) two governors appointed by the local education authority;

• (c) one teacher governor;

• (d) the head teacher, unless he chooses not to be a governor; and

• (e) either—

• (i) two foundation governors and one co-opted governor, in the case of a controlled school; or

• (ii) three co-opted governors, in any other case.

• (3) The instrument of government for such a school which has more than 99, but less than 300, registered pupils shall, subject to section 7, provide for the governing body to consist of the following (and no others)—

• (a) three parent governors;

• (b) three governors appointed by the local education authority;

• (c) one teacher governor;

• (d) the head teacher, unless he chooses not to be a governor; and

• (e) either—

• (i) three foundation governors and one co-opted governor, in the case of a controlled school; or

• (ii) four co-opted governors, in any other case.

• (4) The instrument of government for such a school which has more than 299, but less than 600, registered pupils shall, subject to section 7, provide for the governing body to consist of the following (and no others)—

• (a) four parent governors;

• (b) four governors appointed by the local education authority;

• (c) two teacher governors;

• (d) the head teacher, unless he chooses not to be a governor; and

• (e) either—

• (i) four foundation governors and one co-opted governor, in the case of a controlled school; or

• (ii) five co-opted governors, in any other case.

• (5) The instrument of government for such a school which has more than 599 registered pupils shall, subject to section 7, provide for the governing body to consist of the following (and no others)—

• (a) five parent governors;

• (b) five governors appointed by the local education authority;

• (c) two teacher governors;

• (d) the head teacher, unless he chooses not to be a governor; and

• (e) either—

• (i) four foundation governors and two co-opted governors, in the case of a controlled school; or

• (ii) six co-opted governors, in any other case.

• (6) Where the instrument of government so provides, a school to which subsection (5) above would otherwise apply shall be treated for the purposes of this section as one to which subsection (4) above applies.

• (7) Where the head teacher is a governor he shall be treated for all purposes as being an ex officio governor.

Governing bodies for aided and special agreement schools

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• (1) This section applies in relation to any aided or special agreement school.

• (2) The instrument of government for such a school shall provide for the governing body to include—

• (a) at least one governor appointed by the local education authority;

• (b) in the case of a school which is a primary school serving an area in which there is a minor authority, at least one governor appointed by the authority;

• (c) foundation governors;

• (d) at least one parent governor;

• (e) in the case of a school which has less than 300 registered pupils, at least one teacher governor;

• (f) in the case of a school which has 300 or more registered pupils, at least two teacher governors; and

• (g) the head teacher, unless he chooses not to be a governor.

• (3) The instrument of government for such a school shall provide—

• (a) for such number of foundation governors as will lead to their outnumbering the other governors—

• (i) by two, if the governing body of the school will consist of eighteen or fewer governors; and

• (ii) by three, if it will consist of more than eighteen governors; and

• (b) for at least one of the foundation governors to be (at the time of his appointment) a parent of a registered pupil at the school.

• (4) Where the head teacher of such a school has chosen not to be a governor, he shall nevertheless be counted as one for the purposes of calculating the required number of foundation governors.

• (5) Subject to subsection (3) above, nothing in this section shall be taken to prevent the instrument of government for such a school from providing for the governing body to include governors in addition to those required by virtue of this section.

• (6) Where the head teacher is a governor he shall be treated for all purposes as being an ex officio governor.

Governors

Appointment of parent governors by governing body

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• (1) The instrument of government for any county or controlled school, or for any maintained special school which is not established in a hospital, may provide that if at the time when the instrument is made, or at any later time when there is a vacancy for a parent governor—

• (a) at least fifty per cent. of the registered pupils at the school are boarders; and

• (b) it would, in the opinion of the local education authority, be impracticable for there to be an election of parent governors;

the parent governors, or (as the case may be) the parent governor required to fill that vacancy, shall be appointed by the other members of the governing body.

• (2) The instrument of government for every county, controlled and maintained special school at which parent governors are to be, or may be, elected shall provide for the required number of parent governors to be made up by parent governors appointed by the other members of the governing body 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.

• (3) Where, in the opinion of the local education authority, it is likely to be impracticable for there to be elections of parent governors at any maintained special school which is established in a hospital, the instrument of government for that school may provide for the parent governors to be appointed by the other members of the governing body.

• (4) The instrument of government for any school to which this section applies shall provide for it to be the duty of governors—

• (a) in appointing any parent governor under any provision made by virtue of this section—

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

• (ii) where it is not, to appoint a person who is the parent of one or more children of compulsory school age;

• (b) not to appoint any person as a parent governor, under any such provision, if that person is—

• (i) an elected member of the local education authority;

• (ii) an employee of the authority or of the governing body of any aided school maintained by the authority . . .

• (iii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Connection with local business community

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The instrument of government for any county, controlled or maintained special school shall provide for it to be the duty of the governors concerned, in co-opting any person to be a member of the governing body (otherwise than as a foundation governor)—

• (a) to have regard—

• (i) to the extent to which they and the other governors are members of the local business community; and

• (ii) to any representations made to the governing body as to the desirability of increasing the connection between the governing body and that community; and

• (b) where it appears to them that no governor of the school is a member of the local business community, or that it is desirable to increase the number of governors who are, to co-opt a person who appears to them to be a member of that community.

Appointment of representative governors in place of co-opted governors

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• (1) The instrument of government for every primary school which is a county or controlled school serving an area in which there is a minor authority shall provide for one governor to be appointed by that authority.

• (2) The instrument of government for every maintained special school which is established in a hospital shall provide

• (a) in the case of a hospital vested in the Secretary of State, for one governor to be appointed by the Health Authority; and

• (b) in the case of a hospital vested in a National Health Service trust, for one governor to be appointed by that trust.

• (3) The instrument of government for every maintained special school (other than one established in a hospital) shall, if the school has less than 100 registered pupils, provide for one governor to be appointed—

• (a) by a voluntary organisation designated by the local education authority, in relation to the school, as the appropriate voluntary organisation concerned with matters in respect of which the school is specially organised; or

• (b) jointly by two or more voluntary organisations so designated;

and shall, if it has more than 99 registered pupils, provide for two governors to be so appointed.

• (4) Where, by virtue of subsection (3) above, an instrument of government is required to provide for the appointment of two governors, it may make different provision in relation to the appointment of one governor to that made in relation to the appointment of the other.

• (5) Where a local education authority are satisfied, in relation to any special school, that there is no voluntary organisation which it would be appropriate to designate for the purposes of subsection (3) above, that subsection shall not apply to its instrument of government.

• (6) Where the instrument of government for any school is required by this section to provide for the appointment of any governor, the instrument—

• (a) shall name the person or persons by whom the governor is to be appointed;

• (b) shall not provide for a co-opted governor if the school is a controlled school with less than 600 registered pupils or is treated as such a school for the purposes of section 3 of this Act by virtue of subsection (6) of that section; and

• (c) in any other case, shall provide for one or (as the case may be) two fewer co-opted governors than would otherwise be provided for.

• (7) In subsection (6) above, references to co-opted governors are to governors required to be co-opted by virtue of section 3 of this Act and do not include references to co-opted foundation governors.

Governors' proceedings and tenure of office

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• (1) The proceedings of the governing body of any county, voluntary or maintained special school shall not be invalidated by—

• (a) any vacancy among their number; or

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

• (2) The instrument of government for every county, controlled and maintained special school shall provide for each governor, other than one who is an ex officio governor, to hold office for a term of four years or in the case of governors appointed by a person named in the instrument as a sponsor of the school, for such term (not being less than five nor more than seven years) as may be specified in the instrument.

• (3) Subsection (2) above shall not be taken to prevent a governor from being elected or appointed for a further term, or from being disqualified, by virtue of regulations made under subsection (6) below, for continuing to hold office.

• (4) Any governor of a county, voluntary or maintained special school may at any time resign his office.

• (5) Any foundation governor of a voluntary school, or governor of a county, voluntary or maintained special school appointed otherwise than by being co-opted, may be removed from office by the person or persons who appointed him.

• (6) The Secretary of State may by regulations make provision as to the meetings and proceedings of the governing bodies of county, voluntary and maintained special schools (including provision modifying that made by subsection (1) above) and the circumstances in which persons are to be disqualified for holding office as governors of such schools.

• (7) The regulations may, in particular, provide—

• (a) for the election by the governors of any such school of one of their number to be chairman, and one to be vice-chairman, of the school’s governing body for such period as may be prescribed;

• (aa) for the establishment of committees by the governing bodies of such schools (whether or not including persons who are not members of the governing body concerned) and for the constitution, meetings and proceedings of such committees;

• (ab) for the delegation of functions of the governing body of any such school in prescribed circumstances to committees established by that body, to any member of that body or to the head teacher;

• (b) for the chairman of the governing body of any such school, or such other member of that body as may be prescribed, to have power in prescribed circumstances to discharge any of the functions of that body as a matter of urgency; and

• (c) as to the quorum required for the purposes of making appointments in accordance with any provision made by virtue of section 5 of this Act or when business is transacted by governors of a particular category.