Legalize / United Kingdom / Public General Act

Education (No. 2) Act 1986

Type Public General Act

Publication 1986-11-07

Last updated 2025-08-01

State In force

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

(2) The articles of government for every aided school shall provide—

(a) for the local education authority to notify the governing body of any requirement of a kind mentioned in subsection (1)(b) above which is imposed by them on the head teacher; and

(b) for the head teacher to furnish the governing body with a copy of any report which he makes in complying with the requirement.

Admissions

33

(1) Where the governing body of any county or voluntary school are responsible for determining the arrangements for admitting pupils to the school, they shall—

(a) at least once in every school year, consult the local education authority as to whether those arrangements are satisfactory; and

(b) consult the authority before determining, or varying, any of them.

(2) Where the local education authority are responsible for determining the arrangements for admitting pupils to any such school they shall—

(a) at least once in every school year, consult the governing body as to whether those arrangements are satisfactory; and

(b) consult the governing body before determining, or varying, any of them.

Appointment and dismissal of staff

Determination of staff complement for schools

34

(1) Every county, controlled, special agreement and maintained special school shall have a complement of teaching and non-teaching posts determined by the local education authority.

(2) The complement for any such school shall include—

(a) all full-time teaching posts; and

(b) all part-time teaching posts which are to be filled by persons whose only employment with the authority will be at the school.

(3) The complement for any such school shall not include any staff employed by the authority solely in connection with either or both of the following—

(a) the provision of meals;

(b) the supervision of pupils at midday.

Appointment and dismissal of staff: introductory

35

(1) The appointment and dismissal of staff (including teachers) at every county, controlled, special agreement and maintained special school shall be under the control of the local education authority, but—

(a) the appointment of a head teacher shall be subject to the provision made by the articles of government for the school in accordance with section 37 of this Act;

(b) the appointment of a deputy head teacher shall be subject to the provision made by the articles in accordance with section 39 of this Act;

(c) the appointment and dismissal of the clerk to the governing body shall be subject to section 40 of this Act and to any provision made by the articles in accordance with that section;

(d) the appointment of any other staff (including any teacher), to a post which is part of the school’s complement, shall be subject to the provision made by the articles in accordance with section 38 of this Act;

(e) the dismissal of staff shall be subject to the provision made by the articles in accordance with section 41 of this Act;

(f) the appointment and dismissal of staff at any school for which there is a temporary governing body shall be subject to the provisions of Schedule 2 to this Act; and

(g) this section is subject to the provisions of sections 27 and 28 of the 1944 Act (which relate to religious education).

(2) The articles of government for every such school shall provide for it to be the duty of the local education 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.

The selection panel

36

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

(a) for the constitution of a selection panel whenever such a panel is required, by virtue of section 37 or 39 of this Act, in relation to the appointment of a head teacher or deputy head teacher;

(b) for the selection panel to consist of a specified number of persons appointed to it by the local education authority and a specified number of governors appointed to it by the governing body, the number so specified being—

(i) in each case, not less than three; and

(ii) in relation to appointments made by the governing body, not less than the number specified in relation to appointments made by the authority; and

(c) for the governing body and the authority to have power to replace, at any time, any member of the selection panel whom they have appointed.

(2) The Secretary of State may by regulations make provision as to the meetings and proceedings of selection panels.

Appointment of head teacher

37

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

(a) for it to be the duty of the local education authority not to appoint a person to be the head teacher of the school unless his appointment has been recommended by a selection panel constituted in accordance with the articles;

(b) for it to be the duty of the authority, in the event of the post of head teacher being vacant, to appoint an acting head teacher after consulting the governing body;

(c) for it to be the duty of the authority, before appointing a head teacher, to advertise the vacancy in such publications circulating throughout England and Wales as they consider appropriate;

(d) for it to be the duty of the selection panel constituted in relation to the appointment of a head teacher to interview such applicants for the post as they think fit;

(e) in the event of a failure of the panel to agree on the applicants whom they wish to interview—

(i) for those members of the panel appointed by the governing body to have the right to nominate not more than two applicants to be interviewed by the panel; and

(ii) for the other members of the panel to have the right to nominate not more than two other applicants to be so interviewed;

(f) for it to be the duty of the panel, where they consider that it is appropriate to do so, to recommend to the authority for appointment as head teacher one of the applicants interviewed by them;

(g) for it to be the duty of the panel, where they are unable to agree on a person to recommend to the authority—

(i) to repeat (with a view to reaching agreement) such of the steps which they are required to take by virtue of paragraphs (d) to (f) above as they think fit;

(ii) where they have repeated any of those steps and remain unable to agree, or have decided that it is not appropriate to repeat any of them, to require the authority to re-advertise the vacancy; and

(iii) where the vacancy is re-advertised, to repeat all of those steps;

(h) for it to be the duty of the panel, where the authority decline to appoint a person recommended by them—

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

(ii) to recommend another of the applicants interviewed by them, if they think fit;

(iii) to ask the authority to re-advertise the vacancy, if they consider that it should be re-advertised; and

(iv) where the vacancy is re-advertised, to repeat the steps which they are required to take by virtue of paragraphs (d) to (f);

(i) for it to be the duty of the authority to re-advertise the post of head teacher where they are required to do so by the panel; and for the authority to have power to do so, where—

(i) the post has been duly advertised;

(ii) the selection panel have failed to make either a recommendation which is acceptable to the authority or a request that the post be re-advertised; and

(iii) the authority are of the opinion that the panel have had sufficient time in which to carry out their functions; and

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

(2) In this section “head teacher” does not include an acting head teacher.

Appointment of certain other staff

38

(1) The articles of government for every county, controlled, special agreement and maintained special school shall provide for it to be the duty of the local education authority, where there is a vacancy in any post which is part of the complement of the school—

(a) to decide whether, in the case of a post which is not a new one, it should be retained;

(b) to advertise the vacancy, and fill it in accordance with the procedure laid down by virtue of subsection (3) below, unless they have the intention mentioned in paragraph (c) below; and

(c) to fill the vacancy in accordance with the procedure laid down by virtue of subsection (4) below, 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.

(2) This section does not apply in relation to the appointment of a head teacher or deputy head teacher or to any temporary appointment made 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 of government in relation to the vacancy in question.

(3) The articles of government for every such school shall provide—

(a) for it to be the duty of the authority, where they decide to advertise the vacancy, to 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;

(b) for it to be the duty of the governing body, where the vacancy is advertised—

(i) to interview such applicants for the post as they think fit; and

(ii) where they consider that it is appropriate to do so, to recommend to the authority for appointment to the post one of the applicants interviewed by them;

(c) for it to be the duty of the governing body, where they are unable to agree on a person to recommend to the authority—

(i) to repeat the steps which they are required to take by virtue of paragraph (b) above, if they consider that to do so might lead to their reaching agreement;

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

(iii) where the vacancy is re-advertised, to repeat those steps;

(d) for it to be the duty of the governing body, where the authority decline to appoint a person recommended by them—

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

(ii) to recommend another of the applicants interviewed by them, if they think fit;

(iii) to ask the authority to re-advertise the vacancy, if they consider that it should be re-advertised; and

(iv) where the vacancy is re-advertised, to repeat the steps which they are required to take by virtue of paragraph (b) above;

(e) for it to be the duty of the authority, where they are asked by the governing body to re-advertise the vacancy, to do so unless they decide—

(i) that the post is to be removed from the complement of the school; or

(ii) 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; and

(f) for—

(i) the head teacher, where he would not otherwise be entitled to be present; and

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

to be entitled to be present, for the purpose of giving advice, whenever governors meet to discuss the appointment or an applicant is interviewed.

(4) The articles of government for every such school shall provide—

(a) in the event of the vacancy not being advertised, for the governing body to be entitled to determine a specification for the post in consultation with the head teacher;

(b) where the governing body have determined such a specification, for it to be their duty to send a copy of it to the authority;

(i) to have regard to the specification, and consult the governing body and the head teacher, when considering whom to appoint to the post; . . .

(ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) No local education authority shall appoint a person to a post which they have advertised in accordance with requirements imposed by virtue of subsection (3) above unless—

(a) his appointment has been recommended in accordance with those requirements; or

(b) the authority 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.

(6) The articles of government for every such school shall provide—

(a) for the governing body to have power to delegate any of the functions which are theirs by virtue of this section, in relation to the filling of a particular vacancy or a vacancy of a kind specified by them, to—

(i) one or more governors;

(ii) the head teacher; or

(iii) one or more governors and the head teacher acting together; and

(b) for the provision made in the articles by virtue of subsection (3)(e) or . . . to apply in such a case with the substitution of references to the person or persons to whom the functions are delegated for references to the governing body.

Appointment of deputy head teacher

39

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

(a) the same provision, modified in accordance with subsections (2) and (3) below, as that made by the articles (in accordance with section 37 of this Act) in relation to the appointment of a head teacher for the school; or

(b) the same provision as that made by the articles (in accordance with section 38 of this Act) in relation to the appointment of other teachers at the school.

(2) Articles of government which, in accordance with subsection (1) above, provide for the appointment of a deputy head teacher for the school to be on the recommendation of a selection panel shall provide for the head teacher, where he is not a member of the panel—

(a) to 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, to be consulted by the panel before it makes any recommendation to the local education authority.

(3) No provision shall be required in the articles of government similar to that mentioned in section 37(1)(b) of this Act.

(4) In subsection (1) above “head teacher” does not include an acting head teacher.

Appointment and dismissal of clerk to governing body

40

(1) The articles of government for every county and maintained special school shall provide for the clerk to the governing body to be appointed by the local education authority in accordance with arrangements to be determined by them in consultation with the governing body.

(2) The clerk to the governing body of any controlled or special agreement school shall be appointed—

(a) where the articles of government make provision in relation to his appointment, in accordance with that provision;

(b) in every other case, by the authority in accordance with arrangements determined by them in consultation with the governing body.

(3) Arrangements determined in respect of any school under subsections (1) or (2)(b) above may be varied by the authority in consultation with the governing body.

(4) The articles of government for every county and maintained special school shall provide for it to be the duty of the authority not to dismiss the clerk except in accordance with arrangements determined by them in consultation with the governing body.

(5) The articles of government for every county, controlled, special agreement and maintained special school shall provide for the governing body to have power, where the clerk fails to attend any meeting of theirs, to appoint one of their number to act as clerk for the purposes of that meeting, but without prejudice to his position as a governor.

(6) The clerk to the governing body of any controlled or special agreement schools may not be dismissed except—

(a) where the articles of government make provision in relation to his dismissal, in accordance with that provision; or

(b) in any other case, in accordance with arrangements determined by the local education authority in consultation with the governing body.

(7) The articles of government for every county, controlled, special agreement and maintained special school shall provide for it to be the duty of the local education authority to consider any representations made to them by the governing body as to the dismissal of their clerk.

Dismissal, etc. of staff

41

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

(a) for it to be the duty of the local education authority to consult the governing body and the head teacher (except where he is the person concerned) before—

(i) dismissing (otherwise than under section 27(5) or 28(4) of the 1944 Act, which allow foundation governors to require the authority to dismiss a reserved teacher) any person to whom subsection (3) below applies;

(ii) otherwise requiring any such person to cease to work at the school; or

(iii) permitting any such person to retire in circumstances in which he would be entitled to compensation for premature retirement;

(b) for it to be the duty of the local education authority, where a teacher at the school is required to complete an initial period of probation, to consult the governing body and the head teacher before—

(i) extending his period of probation; or

(ii) deciding whether he has completed it successfully;

(c) for it to be the duty of the local education authority, where the governing body recommend to them that a person should cease to work at the school, to consider their recommendation;

(d) for both the governing body and the head teacher to 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; and

(e) for it to be the duty of the governing body, or head teacher, when exercising that power—

(i) to inform the local education authority and the head teacher or (as the case may be) governing body forthwith; and

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

(2) In this section “suspend” means suspend without loss of emoluments.

(3) This subsection applies to any person who is employed—

(a) in a post which is part of the complement of the school in question; or

(b) 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.

School premises

42

(1) The articles of government for every county and maintained special school shall provide—

(a) for the use of the school premises outside school hours to be under the control of the governing body except to the extent provided by any transfer of control agreement into which they may enter by virtue of paragraph (c) below;

(b) for the governing body in exercising control of the use of the school premises outside school hours—

(i) to comply with any directions given to them by the local education authority by virtue of this sub-paragraph; and

(ii) to have regard to the desirability of the premises being made available for community use;

(c) for the governing body to have power to enter into a transfer of control agreement if their purpose, or one of their purposes, in doing so is to promote community use of the school premises outside school hours; and

(d) for the governing body so far as reasonably practicable to secure, where they enter into a transfer of control agreement, that the controlling body exercises control in accordance with any directions given to the governing body by virtue of paragraph (b)(i) above.

(2) A transfer of control agreement shall be taken to include the following terms, namely—

(a) that the governing body shall notify the controlling body of any directions given to the governing body by virtue of subsection (1)(b)(i) above;

(b) that the controlling body, in exercising control of the use of any premises subject to the agreement—

(i) shall do so in accordance with any directions from time to time notified to that body in pursuance of paragraph (a) above; and

(ii) shall have regard to the desirability of the premises being made available for community use outside school hours; and

(c) that, if reasonable notice is given in writing by the governing body to the controlling body that such of the premises subject to the agreement as may be specified in the notice are reasonably required for use by or in connection with the school at such times as may be so specified, then—

(i) the use of the specified premises at those times shall be under the control of the governing body, and

(ii) accordingly, those premises may be used at those times by or in connection with the school for such purposes as may be specified in the notice,

notwithstanding that their use at those times would, apart from this paragraph, be under the control of the controlling body.

(3) Where a transfer of control agreement makes express provision for the use of any school premises which are subject to the agreement to be occasionally under the control of the governing body, instead of the controlling body, in such circumstances, at such times or for such purposes as may be provided by or under the agreement, paragraph (c) of subsection (2) above shall not have effect in relation to that agreement if, at the time of entering into it, the governing body were of the opinion that the express provision would be more favourable to the interests of the school than the term that would otherwise be included by virtue of that paragraph.

(4) In this section—

“community use” means the use of school premises (when not required by or in connection with the school) by members of the local community;

“the controlling body” means the body or person (other than the governing body) which has control of the use of the whole or any part of the school premises under the transfer of control agreement in question;

“school hours” means any time during a school session or during a break between sessions on the same day, and “outside school hours” shall be construed accordingly;

“school session”, in relation to any school, means a school session beginning and ending at such times as may from time to time be determined for that school in accordance with Article 3 of the Deregulation (Length of the School Day) Order 1996; and

“transfer of control agreement” means an agreement which, subject to subsection (2) above, provides for the use of so much of the school premises as may be specified in the agreement to be under the control, at such times outside school hours as may be so specified, of such body or person as may be so specified.

Part IV — Miscellaneous

Freedom of speech in universities, polytechnics and colleges

43

(1) Every individual and body of persons concerned in the government of any establishment to which this section applies shall take such steps as are reasonably practicable to ensure that freedom of speech within the law is secured for members, students and employees of the establishment and for visiting speakers.

(2) The duty imposed by subsection (1) above includes (in particular) the duty to ensure, so far as is reasonably practicable, that the use of any premises of the establishment is not denied to any individual or body of persons on any ground connected with—

(a) the beliefs or views of that individual or of any member of that body; or

(b) the policy or objectives of that body.

(3) The governing body of every such establishment shall, with a view to facilitating the discharge of the duty imposed by subsection (1) above in relation to that establishment, issue and keep up to date a code of practice setting out—

(a) the procedures to be followed by members, students and employees of the establishment in connection with the organisation—

(i) of meetings which are to be held on premises of the establishment and which fall within any class of meeting specified in the code; and

(ii) of other activities which are to take place on those premises and which fall within any class of activity so specified; and

(b) the conduct required of such persons in connection with any such meeting or activity;

and dealing with such other matters as the governing body consider appropriate.

(4) Every individual and body of persons concerned in the government of any such establishment shall take such steps as are reasonably practicable (including where appropriate the initiation of disciplinary measures) to secure that the requirements of the code of practice for that establishment, issued under subsection (3) above, are complied with.

(4A) The establishments in England to which this section applies are—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) any establishment of higher or further education which is maintained by a local authority;

(5) The establishments in Wales to which this section applies are—

(a) any university;

(aa) any institution other than a university within the higher education sector

(b) any establishment of higher or further education which is maintained by a local authority;

(ba) any institution within the further education sector

(6) In this section—

“governing body” — ...in relation to an institution in Wales within the higher education sector or the further education sector has the meaning given by section 90(1) of the Further and Higher Education Act 1992 (c. 13), but subject to any provision made by virtue of section 90(2) of that Act;

“university” includes a university college and any college, or institution in the nature of a college, in a university.

(6A) For the purposes of this section—

(a) an establishment is taken to be in England if its activities are carried on, or principally carried on, in England;

(b) an establishment is taken to be in Wales if its activities are carried on, or principally carried on, in Wales.

(7) Where any establishment—

(a) falls within subsection (4A)(b) or (5)(b) above; or

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

the local authority . . . shall, for the purposes of this section, be taken to be concerned in its government.

(8) Where a students’ union occupies premises which are not premises of the establishment in connection with which the union is constituted, any reference in this section to the premises of the establishment shall be taken to include a reference to the premises occupied by the students’ union.

Political indoctrination

44

Duty to secure balanced treatment of political issues

45

Sex education

46

Abolition of corporal punishment

47

Abolition of corporal punishment: Scotland

48

After section 48 of the Education Act (Scotland) 1980, there shall be inserted the following new section—

(48A) (1) Where, in any proceedings, it is shown that corporal punishment has been given to a pupil by or on the authority of a member of the staff, giving the punishment cannot be justified on the ground that it was done in pursuance of a right exercisable by the member of the staff by virtue of his position as such. (2) Subject to subsection (3) below, references in this section to giving corporal punishment are references to doing anything for the purposes of punishing the pupil concerned (whether or not there are also other reasons for doing it) which, apart from any justification, would constitute physical assault upon the person. (3) A person is not to be taken for the purposes of this section as giving corporal punishment by virtue of anything done for reasons which include averting an immediate danger of personal injury to, or an immediate danger to the property of, any person (including the pupil concerned). (4) A person does not commit an offence by reason of any conduct relating to a pupil which would, apart from this section, be justified on the ground that it was done in pursuance of a right exercisable by a member of the staff by virtue of his position as such. (5) In this section “pupil” means a person— (a) for whom education is provided— (i) at a public school, (ii) at a grant-aided school, or (iii) at an independent school, maintained or assisted by a Minister of the Crown, which is a school prescribed by regulations made under this section or falls within a category of schools so prescribed. (b) for whom school education is provided by an education authority otherwise than at a school, or (c) to whom subsection (6) below applies and for whom education is provided at an independent school which does not fall within paragraph (a)(iii) above. (6) This subsection applies to a person if— (a) he holds an assisted place under a scheme operated by the Secretary of State under section 75A of this Act. (b) any of the fees or expenses payable in respect of his attendance at school are paid by the Secretary of State under section 73(f) of this Act. (c) any of the fees payable in respect of his attendance at school are paid by an education authority under section 24(1)(c), 49(2)(b), 50(1) or 64(3) of this Act, or (d) he falls within a category, prescribed by regulations made under this section, of persons appearing to the Secretary of State to be persons in respect of whom any fees are paid out of public funds. (7) In this section “member of the staff” means— (a) in relation to a person who is a pupil by reason of the provision of education for him at any school, any teacher who works at the school and any other person who has lawful control or charge of the pupil and works there, and (b) in relation to a person who is a pupil by reason of the provision of school education for him by an education authority at a place other than a school, any teacher employed by the authority who works at that place and any other person employed by the authority who has lawful control or charge of the pupil and works there. (8) The Secretary of State may, by order made by statutory instrument, prescribe— (a) schools or categories of school for the purposes of subsection (5)(a)(iii) above; and (b) categories of persons for the purposes of subsection (6)(d) above. (9) A person shall not be debarred from receiving education (whether by refusing him admission to, or excluding him from, a school or otherwise) by reason of the fact that this section applies in relation to him, or if he were admitted might so apply. (10) The power conferred on the Secretary of State by paragraph 4 of Schedule 1A to this Act to revoke a determination under section 75A of this Act if he is not satisfied that appropriate educational standards are being maintained includes power to do so if he is not satisfied that subsection (9) above is being complied with.

Appraisal of performance of teachers

49

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Grants for teacher training, etc.

50

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

Recoupment

51

Recoupment: cross-border provisions

52

School transport

53

Change of status of controlled school to aided school

54

Compensation payable by governing body on change from controlled to aided status

55

Reports to Secretary of State

56

Information and training for governors

57

Travelling and subsistence allowances for governors of schools and establishments of further education

58

Repeal of section 4 of 1944 Act

59

Discontinuance of Secretary of State's duty to make annual reports

60

Minimum age for governors of establishments of further education

61

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Access to papers etc. of governing bodies

62

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Part V — Supplemental

Orders and regulations

63

(1) Any power of the Secretary of State to make orders or regulations under this Act . . . shall be exercised by statutory instrument.

(2) Any such statutory instrument (other than one made under section . . . 66, shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) Regulations and orders under this Act may make different provision for different cases or different circumstances and may contain such incidental, supplemental or transitional provisions as the Secretary of State thinks fit.

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

Expenses

64

There shall be defrayed out of money provided by Parliament—

(a) any expenses incurred by the Secretary of State under this Act; and

(b) any increase attributable to this Act in the sums payable out of such money under any other Act.

Interpretation

65

(1) In this Act—

. . .

. . .

. . .

. . .

. . .

. . .

“establishment of higher or further education” means an institution which provides higher education or further education (or both);

. . .

. . .

. . .

. . .

. . .

. . .

. . .

(2) Except where otherwise provided, in this Act “governing body” and “governor” do not include a temporary governing body or any member of such a body.

Commencement

66

(1) Sections . . . 63 to 65, this section and section 67(1) . . . and (7) of this Act shall come into force on the passing of this Act.

(2) Section 49 . . . of this Act shall come into force at the end of the period of two months beginning with the day on which this Act is passed.

(3) The other provisions shall come into force on such date as the Secretary of State may by order appoint.

(4) Different dates may be appointed for different provisions or different purposes including, in particular, for the purpose of bringing particular provisions into force only in relation to particular schools or categories of school.

(5) Any order under this section may make such transitional provision as appears to the Secretary of State to be necessary or expedient in connection with the provisions brought into force by the order.

(6) Any such order may include such adaptations of the provisions which it brings into force, or of any other provisions of this Act then in force, as appear to him to be necessary or expedient for the purpose or in consequence of the operation of any provision of this Act (including, in particular, the provisions which the order brings into force) before the coming into force of any other provision.

Short title etc.

67

(1) This Act may be cited as the Education (No. 2) Act 1986.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) This Act shall be construed as one with the Education Act 1996.

(4) Schedule 4 to this Act (which makes consequential amendments) shall have effect.

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) In this Act section 48 and this section extend to Scotland, but otherwise this Act extends only to England and Wales.

Schedule 1

General

1

(1) In this Schedule—

“group” means two or more schools grouped under section 9 of this Act; and

“grouped school” means a school which forms part of a group.

(2) Any reference in any enactment to the governing body or governors of a school shall be construed, in relation to any grouped school, as a reference to the governing body or governors of the group.

Procedure in relation to making etc. of instrument of government

2

(1) Before making an order under section 1 of this Act embodying the first instrument of government for any group; the local education authority shall consult the governing body and head teacher of each school within the group and, where the group contains one or more voluntary schools, shall—

(a) secure the agreement of the governing body of each such school to the terms of the proposed order;

(b) secure the agreement of the foundation governors of each such school to any provisions which will be of particular concern to the foundation governors of the group; and

(2) Where such an order has been made, subsections (1) to (6) of section 2 of this Act shall apply in relation to any subsequent order embodying or varying the instrument of government for the group, or any proposal for the making of such an order—

(a) as if, in the case of a group which contains one or more voluntary schools, it were a single voluntary school; and

(b) as if, in any other case, it were a single county school.

(3) For the purposes of subsection (5) of section 2, any agreement required by sub-paragraph (1) above shall be deemed to have been required by subsection (2) of that section.

Election of parent and teacher governors

3

The instrument of government for any group—

(a) may provide for the local education authority to have power to determine, in relation to every election of parent or teacher governors, the school or schools within the group the parents of registered pupils at which, or (as the case may be) the teachers at which, are to be entitled to stand and vote at the election; and

(b) shall, where it does so, provide for it to be the duty of the authority to ensure that the position after any such election will be that there is no school within the group which will not have had an opportunity to have so participated in the election of at least one of the parent or (as the case may be) teacher governors of the group.

Governors’ annual report to parents

4

(1) In discharging their duty to prepare governors’ reports; the governing body for a group shall prepare separate reports in relation to each of the schools within the group unless they decide to hold a joint annual parents’ meeting, under paragraph 5 below.

(2) Where the governing body for a group prepare a single report covering all schools within the group, it shall be their duty to secure that any matters which they propose to report on and which are likely to be mainly of interest to the parents of registered pupils at a particular school within the group are treated separately in the report.

Annual parents’ meeting

5

(1) In discharging their duty to hold an annual parents’ meeting for any grouped school the governing body for the group may, if they think fit, hold a joint meeting for all of the schools within the group.

(2) Where—

(a) a joint meeting is held; and

(b) the governing body have prepared separate governors’ reports in relation to each of the schools within the group;

the governing body shall, when discharging the duty imposed on them by virtue of section 30(4) of this Act, attach to the report prepared in relation to any one school in the group copies of the reports prepared for each of the other schools within the group.

(3) Where at any joint meeting the question is put on any proposed resolution which concerns one or more, but not all, of the schools within the group—

(a) only parents of registered pupils at the school or schools which the proposed resolution concerns may vote on the question; and

(b) the registered pupils at the other schools shall be disregarded for the purposes of section 31(4)(b) of this Act as it applies in relation to the proposed resolution.

(4) Where at any joint meeting there is any disagreement as to which schools within the group a proposed resolution concerns, the matter shall be decided by the chairman of the governing body.

SCHEDULE 2

Part I — General

1

In this Schedule—

“arrangement” means (except in paragraph 2(2)(b) or 19) an arrangement made under section 12 of this Act for the constitution of a temporary governing body for a new school;

“new school” means any school, or proposed school, which is required to have a temporary governing body or in respect of which the local education authority have power to make an arrangement under section 12(4);

“relevant proposal” means the proposal (of a kind mentioned in section 12) by reference to which the school in question is a new school; and

“temporary governor” means any member of a temporary governing body.

Constitution of temporary governing body

2

(1) Subject to the provisions of this Schedule, every temporary governing body shall be constituted—

(a) in accordance with the provisions of sections 3 and 7 of this Act, in the case of a school whose governing body will be required to be constituted in accordance with those provisions; and

(b) in accordance with the provisions of sections 4 and 4A of this Act, in the case of a school whose governing body will be required to be constituted in accordance with those provisions.

(2) For the purpose of the application of section 3, 4 4A or 7 of this Act in relation to the constitution of its temporary governing body, a new school shall be treated as having as registered pupils the maximum number of pupils referred to—

(a) in the relevant proposal; or

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

(3) In co-opting any person (otherwise than as a temporary foundation or teacher governor) to be a member of a temporary governing body of a new school which will be a county, controlled or maintained special school, the temporary governors concerned shall—

(a) have regard—

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

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

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

(4) The first meeting of any temporary governing body shall be called—

(a) by their clerk; or

(b) where he fails to call it within such period as the local education authority consider reasonable, by the authority.

Part II — School Government

Transition from temporary governing body to governing body

3

(1) The requirement for there to be an instrument of government for a school to which section 1 of this Act applies shall take effect in relation to a new school from the date on which the relevant proposal is implemented.

(2) When that requirement takes effect, paragraph 2(2) above shall apply in relation to the governing body of the school as it applied in relation to its temporary governing body and shall continue to apply, for the purposes of determining (at any time after the governing body is first constituted) what provision would be required to be made by a new instrument of government for the school, until such time as—

(a) the number of registered pupils at the school reaches the maximum referred to in paragraph 2(2); or

(b) the local education authority exercise the power conferred on them by virtue of sub-paragraph (3) below.

(3) The instrument of government for every school to which paragraph 2(2) above applies at the time when it is made shall provide for the local education authority to have power to direct that that paragraph shall cease to apply in relation to the school.

(4) The local education authority shall secure that the governing body of any new school is constituted—

(a) as soon as is reasonably practicable after the requirement for there to be an instrument of government for the school takes effect; and

(b) in any event not later than the last day of the term in which pupils first attend the new school or (as the case may be) first attend the school after it becomes a maintained school.

(5) Where the requirement for there to be an instrument of government for a new school has taken effect, the temporary governing body of the school shall, until such time as the governing body is constituted—

(a) continue in existence (notwithstanding that the arrangement under which they were constituted has come to an end by virtue of paragraph 5 below); and

(b) be treated as if they were the governing body.

(6) Where a new school is grouped under section 9 of this Act, with effect from the time when an instrument of government is required for the school, any consent given by, or consultation with, the temporary governing body shall be treated for the purposes of section 10(5) and (6) of this Act as having been given by, or (as the case may be) held with, the governing body.

(7) Where any question arises as to the date which is to be taken to be the implementation date of any such proposal for the purposes of this paragraph, it shall be determined by the Secretary of State.

4

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

(2) Before making any such 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) if it embodies or varies an instrument of government, secure the agreement of the temporary foundation governors to any provisions which are of particular concern to those governors.

(3) Where a local education authority propose to make any such order 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.

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

Duration of arrangement for temporary governing body

5

(1) Every arrangement shall (if it has not been brought to an end under sub-paragraph (2) below) come to an end when the requirement for there to be an instrument of government for the new school first has effect.

(2) Where an arrangement has been made by virtue of section 12(4) of this Act and

(a) the proposal in question is withdrawn;

(b) the Secretary of State has decided not to approve that proposal . . .

the occurrence of that event shall bring the arrangement to an end.

Composition of temporary governing body

6

(1) No local education authority shall make an arrangement in respect of a new school which will be a controlled school without the agreement of the promoters as to the provision which will be made in relation to the temporary foundation governors; and in the event of any disagreement between the authority and the promoters in respect of that provision, either of them may refer the matter to the Secretary of State.

(2) No local education authority shall make an arrangement in respect of a new school which will be an aided school without the agreement of the promoters as to the composition of the temporary governing body; and in the event of any disagreement between the authority and the promoters as to the composition of that body, either of them may refer the matter to the Secretary of State.

(3) On any reference under this paragraph, the Secretary of State shall give such direction as he thinks fit.

Appointment of temporary parent and teacher governors

7

(1) The temporary parent governors for a new school shall, subject to sub-paragraph (2) below, be appointed—

(a) where the school will be a county, controlled or maintained special school, by the local education authority; and

(b) where it will be an aided school, by the promoters.

(2) Where—

(a) two or more schools have been, or 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 a new school;

the local education authority may (subject to sub-paragraph (3) below) provide for any of the governing bodies of the discontinued schools to appoint some or all of the temporary parent or teacher governors of the new school.

(3) No provision may be made under sub-paragraph (2) above for the appointment of temporary parent or teacher governors of a new school which will be an aided school without the agreement of the promoters; and in the event of any disagreement between the authority and the promoters as to whether any such provision should be made, either of them may refer the matter to the Secretary of State.

(4) On any reference under sub-paragraph (3) above, the Secretary of State shall give such direction as he thinks fit.

(5) Before making any provision under sub-paragraph (2) above for the appointment of temporary parent or teacher governors of a new school which will be a controlled school, the local education authority shall consult the promoters.

(6) No person shall be appointed under sub-paragraph (1) or (2) above as a temporary parent governor of a new school unless—

(a) he is the parent of a child who is likely to become a registered pupil at the school; or

(b) where it is not reasonably practicable to appoint such a person, he is the parent of a child of compulsory school age.

(7) No person shall be appointed under sub-paragraph (1) as a temporary parent governor of a new school if he is—

(a) an elected member of the authority;

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

Temporary teacher governors

8

(1) Subject to paragraph 7(2) above, the temporary teacher governors of a new school shall be co-opted by a resolution passed at a meeting of those temporary governors who have not themselves been co-opted.

(2) No person shall be appointed as a temporary teacher governor of a new school unless he is employed as a teacher in a school maintained by a local education authority.

Duty to appoint suitably experienced members

9

(1) Any person other than a person who is to be named in the instrument of government as a sponsor of the school appointing a person as a temporary governor of a new school shall have regard to the desirability of that person being suitably experienced.

(2) For the purposes of this paragraph, a person is suitably experienced if he has served as a governor or temporary governor of a school and, in particular (in a case where registered pupils at another school which has been, or is to be, discontinued are expected to transfer to the new school), if he has served as a governor or temporary governor of that other school.

Proceedings etc.

10

(1) The proceedings of a temporary governing body shall not be invalidated by—

(a) any vacancy among their number; or

(b) any defect in the appointment of any temporary governor.

(2) Any member of a temporary governing body may at any time resign his office, or be removed from office, in the same way as a member of a governing body constituted under an instrument of government.

(3) The minutes of the proceedings of any temporary governing body shall be open to inspection by the local education authority.

(4) The Secretary of State may by regulations make similar provision in relation to temporary governing bodies and their members as may be made in relation to governing bodies and their members under section 8 of this Act.

Miscellaneous

11

(1) The qualification of any person for appointment as a temporary governor, of a particular category, of any new school shall not have the effect of disqualifying him for appointment as a temporary governor, of any other category, of that school.

(2) No person shall at any time hold more than one temporary governorship of the same school.

(3) Where any temporary governor is to be appointed by persons acting jointly, the appointment shall be made, in the event of failure on the part of those persons to make an agreed appointment—

(a) by the Secretary of State; or

(b) in accordance with any direction given by him.

(4) Subject to paragraph 2(3) above, where temporary governors are required to co-opt one or more persons to be temporary governors, the arrangement under which the temporary governing body are constituted shall not make any provision which has the effect of restricting those governors in their choice of person to co-opt.

(5) Sub-paragraph (4) above does not apply in relation to foundation governors.

(6) No person shall be qualified for membership of any temporary governing body unless he is aged eighteen or over at the date of his appointment.

Part III — Organisation and Functions

General

12

(1) The requirement for there to be articles of government for certain schools, which is imposed by section 1 of this Act, shall not apply in relation to a new school until such time as it is required to have an instrument of government (in accordance with section 1 as read with paragraph 3 of this Schedule).

(2) The determination of those matters relating to the conduct of any 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.

(3) The Secretary of State may by regulations make similar provision in relation to consultation with temporary governing bodies as he has power to make in relation to consultation with governing bodies under section 16(2) of this Act.

Reports and information to be provided by temporary governing body

13

(1) Every temporary governing body shall furnish to the local education authority 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) Every temporary governing body shall make such reports and returns, and give such information, to the Secretary of State as he may require for the purpose of the exercise of his functions in relation to education.

(3) Every temporary governing body shall prepare—

(a) immediately before the arrangement under which they are constituted comes to an end; and

(b) for the purpose of assisting the governing body who will succeed them;

a brief report of the action which they have taken in the discharge of their functions; and shall recommend (with reasons) persons who belong to the community served by the new school and who are, in the opinion of the temporary governing body, suitable for appointment as co-opted members of the governing body.

(4) Before making any recommendations under sub-paragraph (3) above, a temporary governing body shall consult representatives of the local business community.

(5) All minutes and papers of any temporary governing body, including the report prepared under sub-paragraph (3) above, shall be made available to their successors.

Head teacher’s reports

14

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

(2) Where, under sub-paragraph (1) above, any requirement is imposed by a local education authority on the head teacher of a new school which will be an aided school, the authority shall notify the temporary governing body of that requirement; and the head teacher of any such school shall furnish that body with a copy of any report which he makes in complying with any such requirement.

Preparation of curriculum

15

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

16

(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 at which the school terms and holidays are to begin and end shall be determined by the local education authority; and

(b) the times at which the school session or, if there is more than one, each school session is to begin and end on any day 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 at which the school terms and holidays are to begin and end; and

(b) the times at which the school session or, if there is more than one, each school session is to begin and end on any day;

shall be determined by the temporary governing body.

Discipline

17

Pending the coming into force of the articles of government for a new school which will be a county, voluntary or maintained special school, the head teacher and the temporary governing body shall be under the same duties as will be required to be imposed on him and the governing body by virtue of section 22(a) to (e) of this Act.

Finance

18

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

Admission of pupils

19

(1) The initial arrangements for the admission of pupils to a new school shall be made—

(a) where the school will be a county or controlled school, by the local education authority; and

(b) where it will be an aided school, by the temporary governing body or, where that body have not been constituted and the promoters consider that it is expedient for the arrangements to be determined without delay, by the promoters.

(2) Any person making any initial arrangements under this paragraph shall have regard to the arrangements in force for the admission of pupils to comparable schools in the area of the local education authority.

(3) Before making any such initial arrangements for a new school which will be a county school, the authority shall consult the temporary governing body unless—

(a) that body have not been constituted; and

(b) the authority consider that it is expedient for the initial arrangements to be determined without delay.

(4) Before making any such initial arrangements for a new school which will be a controlled school, the authority shall consult—

(a) the temporary governing body; or

(b) where that body have not been constituted, the promoters.

(5) Before making any such initial arrangements for a new school which will be an aided school, the temporary governing body or (as the case may be) the promoters shall consult the authority.

(6) Sections 6 to 8 of the 1980 Act (admission to schools) shall have effect, in relation to any new school, as if the references to governors included references to the person responsible for the admission of pupils under the initial arrangements for that school.

Appointment of staff etc. at new aided schools

20

(1) For the purposes of the appointment and dismissal of staff at any new school which will be an aided school, the local education authority and the temporary governing body shall (subject to sub-paragraph (2) below) have the same powers, and be under the same duties, 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.

(2) The first appointment of a clerk to the temporary governing body of any such school shall be made by the promoters.

(3) Where the arrangement for the constitution of a temporary governing body of any such school comes to an end, 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.

(4) The authority shall, with a view to enabling staff to be appointed in good time, notify the temporary governing body of every such school of the steps (if any) which they intend to take in respect of the school under sections 22(4) and 24(2) of the 1944 Act (powers of authority in relation to certain staff).

(5) Paragraphs 21 to 25 and 26 (1) and (2) below shall not apply in relation to any such school.

Determination of staff complement

21

(1) Where a temporary governing body have been constituted for a new school, the complement of teaching and non-teaching posts for the school shall be determined by the local education authority.

(2) Section 34(2) and (3) of this Act shall apply in relation to any complement determined under this paragraph.

The selection panel

22

(1) Whenever a selection panel is required by virtue of paragraph 23 or 25 below, it shall be constituted in accordance with this paragraph.

(2) A selection panel shall consist of such number of persons appointed to it by the local education authority, and such number of temporary governors appointed to it by the temporary governing body, as the authority shall determine.

(3) The number so determined shall—

(a) in each case, be not less than three; and

(b) in relation to appointments made by the temporary governing body, be not less than the number determined in relation to appointments made by the authority.

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

(5) The Secretary of State may by regulations make provision, for the purposes of this paragraph, as to the meetings and proceedings of selection panels.

Appointment of head teacher and acting head teacher

23

(1) Subject to sub-paragraphs (2) and (3) below, the same provision shall apply in relation to the appointment of a head teacher for a new school for which a temporary governing body have been constituted as is required to be made in relation to the appointment of a head teacher by the articles of government of a school to which section 37 of this Act applies.

(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 a new school;

the local education 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 mentioned in sub-paragraph (1) above.

(3) In the event of the post of head teacher for the new school being vacant, the authority may, if they think fit, appoint an acting head teacher after consulting the temporary governing body.

Appointment of certain other staff

24

(1) Subject to sub-paragraph (3) below, the same provision shall apply in relation to the appointment of any person to a post which is part of the complement of a new school for which a temporary governing body have been constituted as is required to be made in relation to the appointment of any person to such a post by the articles of government of a school to which section 38 of this Act applies.

(2) The local education 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 the appointment of a head teacher or deputy head teacher or 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 this Schedule in relation to the vacancy in question.

Appointment of deputy head teacher

25

Where a temporary governing body have been constituted for a new school, the provision which is to apply in relation to the appointment of a deputy head teacher of the school shall be—

(a) the same as that which may be made in the articles of government of a school to which section 39 of this Act applies by virtue of subsection (1)(a) of that section; or

(b) where the local education authority so decide, the same as that which may be made in the articles of government of such a school by virtue of subsection (1)(b) of section 39.

Appointment of clerk to temporary governing body

26

(1) Where a temporary governing body have been constituted for a new school, the clerk to the temporary governing body shall be appointed by the local education authority.

(2) Where the arrangement for the constitution of a temporary governing body of any new school comes to an end, 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 40 of this Act.

(3) Where the clerk to a temporary governing body fails to attend any meeting of theirs, they may appoint one of their number to act as clerk for the purposes of that meeting, but without prejudice to his position as a temporary governor.

Part IV — Miscellaneous

Travelling and subsistence allowances etc.

27

Section 58 of this Act shall apply in relation to the members of temporary governing bodies as it applies in relation to the members of governing bodies of county, voluntary and maintained special schools.

Expenses of temporary governing bodies, etc.

28

Where a temporary governing body are constituted for a new school, the local education authority shall be under the same duty to defray the expenses incurred in relation to the temporary governing body, and the staff appointed in accordance with the provisions of this Schedule, as they would be if the relevant proposal had been implemented and the temporary governing body were the governing body of the school.

Powers of Secretary of State

29

For the purposes of the following provisions of the 1944 Act—

(a) section 67(1) (determination of disputes);

(b) section 68 (prevention of unreasonable exercise of functions); and

a temporary governing body shall be treated as if they were the governing body of the school in question.

Provision of information for temporary governing bodies

30

(1) Every local education authority shall secure that the temporary governing body of each of the new schools which will be maintained by them are, on being constituted, provided (free of charge) with such explanatory and other information as the authority consider is required to enable that body to discharge their functions effectively.

(2) Where a new school will be a county, controlled or maintained special school, the authority shall, in discharging their duty under sub-paragraph (1) above, inform the temporary governing body, in particular—

(a) of the number of members of any selection panel required by virtue of paragraph 23 or 25 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 23(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.

(3) Where a new school will be an aided school, the authority shall, in discharging their duty under sub-paragraph (1) above, inform the temporary governing body, in particular, of their proposals with regard to the appointment of staff for the school and the timing of appointments.

SCHEDULE 3

General

1

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