Legalize / United Kingdom / Public General Act

Education Act 1993 (repealed)

Type Public General Act

Publication 1993-07-27

Last updated 1996-11-01

State In force

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

(f) give the name under which it is proposed that the governing body should be incorporated under section 52 of this Act, and

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

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

Statement to be annexed to proposals

8

There shall be annexed to any proposals published under section 48 or 49 of this Act a statement briefly describing the intended character of the proposed school including, in the case of proposals published under section 49 of this Act for a school which is intended to have a particular religious character, that character and the religion or religious denomination (if any) in accordance with whose tenets religious education is to be provided.

Statement to accompany published proposals

9

Any proposals published under section 48 or 49 of this Act shall be accompanied by a statement explaining the effect of paragraph 10 or (as the case may be) paragraph 11 below.

Objections

10

(1) Within the period of two months beginning with the date of publication of any proposals under section 48 of this Act, objections to the proposals may be submitted to the funding authority by any of the following—

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

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

(d) any local education authority concerned.

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funding authority shall send to the Secretary of State copies of any objections made under that sub-paragraph (and not withdrawn in writing) within the period allowed under that sub-paragraph, together with their observations on them.

11

Within the period of two months beginning with the date of publication of any proposals under section 49 of this Act, objections to the proposals may be submitted to the Secretary of State by any of the following—

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

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

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

(e) any local education authority concerned.

Approval of school premises

12

(1) Where proposals for the establishment of a new grant-maintained school are published under section 48 of this Act, the funding authority shall prepare the particulars in respect of the proposed premises of the school mentioned in sub-paragraph (3) below.

(2) Where proposals for the establishment of a new grant-maintained school are published under section 49 of this Act, the particulars in respect of the proposed premises of the school mentioned in sub-paragraph (3) below shall be submitted to the funding authority, at such time and in such form and manner as the authority may direct, by the promoters.

(3) The particulars are—

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

(b) such other particulars in respect of the proposed premises of the school as may be required or, in the case of proposals published under section 49 of this Act, as the funding authority may require.

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

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

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

SCHEDULE 4

Introductory

1

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

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

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

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

Powers to contract, etc.

2

The new governing body may—

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

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

Access to school

3

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

Information

4

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

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

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

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

General powers of Secretary of State

5

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

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

(3) Such an order may in particular—

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

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

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

Grants to new governing body

6

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

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

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

(4) That amount is—

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

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

whichever is the greater.

Liability for expenses of new governing body

7

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

SCHEDULE 5

Introductory

1

In this Schedule—

“school” means a grant-maintained school, and

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

Election of governors

2

The instrument for a school may make provision—

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

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

Disqualification for, tenure of and removal from office

3

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

4

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

5

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

6

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

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

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

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

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

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

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

(4) Any additional first or foundation governor appointed in pursuance of provision made in the instrument by virtue of section 67(2) of this Act is to hold office for such term (not being more than five years) as may be specified in the terms of that governor’s appointment.

(5) Any first governor appointed in pursuance of provision made in the instrument by virtue of section 64 of this Act is to hold office for such term (not being less than five nor more than seven years) as may be specified in the terms of his appointment.

7

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

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

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

8

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

9

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

(2) For the purposes of this paragraph, an initial foundation governor shall be treated as having been appointed by the person or persons entitled to appoint foundation governors under provision included in the instrument in accordance with section 65(7)(b) of this Act.

Initial appointments: terms of office

10

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

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

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

(b) an initial governor of an elected category who was elected under section 71, or elected or nominated under section 74, of this Act to hold office as such shall hold office for a term of four years.

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

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

Meetings and proceedings

11

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

(a) any vacancy among their number, or

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

12

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

13

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

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

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

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

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

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

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

(4) The instrument shall make provision for an appeal committee for the purposes of paragraph 5(1) of Schedule 6 to this Act to include among its members (with full voting powers) a person nominated by the governing body from among persons who are eligible to be lay members.

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

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

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

(i) the school, or

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

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

Allowances for governors

14

(1) The governing body of a school may pay to their members such travelling, subsistence or other allowances as may be determined in accordance with a scheme made by the governing body and approved by the Secretary of State.

(2) A scheme under this paragraph may be varied or revoked by a subsequent scheme made under this paragraph.

Seal etc.

15

(1) The application of the seal of the governing body of a school must be authenticated by the signature—

(a) of the chairman of the governing body, or

(b) of some other member authorised either generally or specially by the governing body to act for that purpose,

together with the signature of any other member.

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

(a) to be duly executed under the seal of the governing body, or

(b) to be signed or executed by a person authorised by the governing body to act in that behalf,

shall be received in evidence and be treated, without further proof, as being so made or issued unless the contrary is shown.

SCHEDULE 6

Introductory

1

In this Schedule—

“school” means a grant-maintained school, and

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

Performance and delegation of functions

2

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

(a) the Secretary of State,

(b) the funding authority,

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

(e) the head teacher, and

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

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

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

Staff

3

(1) The articles must include provision as to—

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

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

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

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

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

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

Admission and exclusion of pupils

4

The articles must—

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

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

5

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

(a) by the governing body, or

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

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

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

6

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

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

(b) the procedures applicable under the articles, and any further arrangements made by them in respect of appeals by parents against any such decision or action as is mentioned in paragraph 5(1) above, in relation to the admission of pupils to the school.

Curriculum

7

(1) The articles must include provision for securing the discharge by the governing body and the head teacher of duties imposed on them under Chapter I of Part I of the Education Reform Act 1988 (the curriculum).

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

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

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

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

Annual reports

8

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

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

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

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

Annual parents’ meetings

9

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

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

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

(2) The articles must include provision as to—

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

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

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

SCHEDULE 7

Part I — INTRODUCTORY

Application

1

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

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

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

General interpretation

2

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

3

References to a governor of an elected category are to a person who is a parent or teacher governor within the meaning of the Education (No. 2) Act 1986 or this Schedule.

4

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

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

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

Part II — INITIAL GOVERNORS

Parent governors

5

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

(a) a person who, immediately before the incorporation date in relation to the school, is a parent governor (within the meaning of the Education (No. 2) Act 1986) in relation to the school, or

(b) a person elected or appointed under section 71, or elected, appointed or nominated under section 74, of this Act to hold office as an initial parent governor on the governing body.

(2) A person elected under section 71 of this Act to hold office as an initial parent governor must be elected by registered parents of registered pupils at the school and a person elected or appointed under that section to hold such office must himself when he is elected or appointed be such a parent.

(3) A person elected, appointed or nominated under section 74 of this Act to hold office as an initial parent governor—

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

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

Teacher governors

6

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

(a) a person who, immediately before the incorporation date in relation to the school, is a teacher governor (within the meaning of the Education (No. 2) Act 1986) in relation to the school, or

(b) a person elected under section 71, or elected or nominated under section 74, of this Act to hold office as an initial teacher governor on the governing body.

(2) A person elected under section 71 of this Act to hold office as an initial teacher governor must be elected by teachers at the school and must himself when he is elected be such a teacher.

(3) A person elected or nominated under section 74 of this Act to hold office as an initial teacher governor—

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

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

First governors

7

(1) In relation to a governing body to be incorporated under Chapter II, “first governor” means a person who is selected under section 73(1), or nominated under section 75(1), of this Act and appears to the persons selecting or nominating him to be committed to the good government and continuing viability of the school.

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

Foundation governors

8

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

(a) is selected under section 73(2), or nominated under section 75(2), of this Act,

(b) where the statement annexed under paragraph 2 of Schedule 3 to this Act to the proposals for acquisition of grant-maintained status describes the religious character of the school, is appointed for the purpose of securing that (subject to the approval or adoption under section 98 of this Act of any proposals) the religious character of the school is such as is indicated in the statement, and

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

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

(a) is appointed by the promoters,

(b) where the statement annexed under paragraph 8 of Schedule 3 to this Act to the proposals for the establishment of a new grant-maintained school describes the religious character of the school, is appointed for the purpose of securing that (subject to the approval or adoption under section 98 of this Act of any proposals) the religious character of the proposed school is such as is indicated in the statement, and

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

9

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

Part III — GOVERNORS OTHER THAN INITIAL GOVERNORS

Parent governors

10

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

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

(b) is appointed under a provision of the instrument of government made by virtue of section 60(3) of this Act,

(d) is an initial parent governor.

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

Teacher governors

11

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

(a) is elected by teachers at the school,

(b) is appointed by virtue of section 61(4) of this Act, or

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

First governors

12

“First governor” means—

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

(b) a person appointed under a provision of the instrument of government made by virtue of section 64 of this Act who appears to the person appointing him to be committed to the good government and continuing viability of the school, or

Foundation governors

13

“Foundation governor” means a person who—

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

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

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

14

“Sponsor governor” means—

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

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

SCHEDULE 8

Introductory

1

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

Kinds of core governor

2

(1) Core governors may be either—

(a) appointed by the governing body, or

(b) externally appointed.

(2) Externally appointed core governors may be either—

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

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

(ii) which was established in pursuance of proposals published under section 49 of this Act, or

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

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

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

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

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

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

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

Groups consisting only of former voluntary schools or section 49 schools

3

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

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

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

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

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

Other groups

4

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

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

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

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

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

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

(a) less than five, or

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

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

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

SCHEDULE 9

Introductory

1

In this Schedule, “assessment” means an assessment of a child’s educational needs under section 167 of this Act.

Medical and other advice

2

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

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

Manner, and timing, of assessments, etc.

3

(1) Regulations may make provision—

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

(b) requiring the local education authority, where, after conducting an assessment under section 167 of this Act of the educational needs of a child for whom a statement is maintained under section 168 of this Act, they determine not to amend the statement, to serve on the parent of the child notice giving the prescribed information, and

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

(2) Sub-paragraph (1)(b) above does not apply to a determination made following the service of notice under paragraph 10 of Schedule 10 to this Act of a proposal to amend the statement.

(3) Regulations may provide that, where a local education authority are under a duty to make an assessment, the duty must, subject to prescribed exceptions, be performed within the prescribed period.

(4) Such provision shall not relieve the authority of the duty to make an assessment which has not been performed within that period.

Attendance at examinations

4

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

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

(3) A notice under this paragraph shall—

(a) state the purpose of the examination,

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

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

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

Offence

5

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

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

SCHEDULE 10

Introductory

1

In this Schedule, “statement” means a statement of a child’s special educational needs under section 168 of this Act.

Copy of proposed statement

2

Before making a statement, a local education authority shall serve on the parent of the child concerned—

(a) a copy of the proposed statement, and

(b) a written notice explaining the arrangements under paragraph 3 below, the effect of paragraph 4 below and the right to appeal under section 170 of this Act and containing such other information as may be prescribed,

but the copy of the proposed statement shall not specify any matter in pursuance of section 168(4) of this Act or any prescribed matter.

Choice of school

3

(1) Every local education authority shall make arrangements for enabling a parent on whom a copy of a proposed statement has been served under paragraph 2 above to express a preference as to the maintained, grant-maintained or grant-maintained special school at which he wishes education to be provided for his child and to give reasons for his preference.

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

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

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

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

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

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

(4) A local education authority shall, before specifying the name of any maintained, grant-maintained or grant-maintained special school in a statement, consult the governing body of the school and, if the school is maintained by another local education authority, that authority.

Representations

4

(1) A parent on whom a copy of a proposed statement has been served under paragraph 2 above may—

(a) make representations (or further representations) to the local education authority about the content of the statement, and

(b) require the authority to arrange a meeting between him and an officer of the authority at which the statement can be discussed.

(2) Where a parent, having attended a meeting arranged by a local education authority under sub-paragraph (1)(b) above, disagrees with any part of the assessment in question, he may require the authority to arrange such meeting or meetings as they consider will enable him to discuss the relevant advice with the appropriate person or persons.

(3) In this paragraph—

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

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

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

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

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

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

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

Making the statement

5

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

(2) The statement may be in the form originally proposed (except as to the matters required to be excluded from the copy of the proposed statement) or in a form modified in the light of the representations.

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

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

Service of statement

6

Where a local education authority make a statement they shall serve a copy of the statement on the parent of the child concerned and shall give notice in writing to him—

(a) of his right under section 170(1) of this Act to appeal against the description in the statement of the authority’s assessment of the child’s special educational needs, the special educational provision specified in the statement or, if no school is named in the statement, that fact, and

(b) of the name of the person to whom he may apply for information and advice about the child’s special educational needs.

Keeping, disclosure and transfer of statements

7

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

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

Change of named school

8

(1) Sub-paragraph (2) below applies where—

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

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

(i) a request under this paragraph,

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

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

(iv) if the parent has appealed to the Tribunal under section 170 of this Act or this paragraph, the date when the appeal is concluded,

whichever is the later.

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

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

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

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

(a) they shall give notice of that fact and of the effect of paragraph (b) below to the parent of the child, and

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

(4) On the appeal the Tribunal may—

(a) dismiss the appeal, or

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

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

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

Procedure for amending or ceasing to maintain a statement

9

(1) A local education authority may not amend, or cease to maintain, a statement except in accordance with paragraph 10 or 11 below.

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

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

(b) amend a statement in pursuance of paragraph 8 above,

(d) amend a statement in pursuance of directions under section 197 of this Act.

10

(1) Before amending a statement, a local education authority shall serve on the parent of the child concerned a notice informing him—

(a) of their proposal, and

(b) of his right to make representations under sub-paragraph (2) below.

(2) A parent on whom a notice has been served under sub-paragraph (1) above may, within the period of fifteen days beginning with the date on which the notice is served, make representations to the local education authority about their proposal.

(3) The local education authority—

(a) shall consider any representations made to them under sub-paragraph (2) above, and

(b) on taking a decision on the proposal to which the representations relate, shall give notice in writing to the parent of their decision.

(4) Where a local education authority make an amendment under this paragraph to the description in a statement of the authority’s assessment of a child’s special educational needs or to the special educational provision specified in a statement, they shall give notice in writing to the parent of his right under section 170(1) of this Act to appeal against the description in the statement of the authority’s assessment of the child’s special educational needs, the special educational provision specified in the statement or, if no school is named in the statement, that fact.

(5) A local education authority may only amend a statement under this paragraph within the prescribed period beginning with the service of the notice under sub-paragraph (1) above.

11

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

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

(a) they shall give notice of that fact and of the effect of paragraph (b) below to the parent of the child, and

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

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

(a) dismiss the appeal, or

(b) order the local education authority to continue to maintain the statement in its existing form or with such amendments of the description in the statement of the authority’s assessment of the child’s special educational needs or the special educational provision specified in the statement, and such other consequential amendments, as the Tribunal may determine.

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

SCHEDULE 11

Constitution of governing body and conduct of school

1

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

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

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

(2) The instrument and articles of government—

(a) shall comply with any requirements imposed by or under Part III of this Act, and

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

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

Initial instruments and articles of government

2

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

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

(3) The initial articles of government shall have effect as from the date of implementation of the proposals made under section 183(3)(a) or 186 of this Act but, in the case of a governing body incorporated in pursuance of proposals made under section 183(3)(a) of this Act, such of the articles as may be prescribed shall have effect as from the incorporation date.

Subsequent instruments of government

3

(1) The Secretary of State may—

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

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

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

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

(3) An order under sub-paragraph (2) above—

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

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

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

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

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

Subsequent articles of government

4

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

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

(b) modify the existing articles for the school.

(2) The Secretary of State may by a direction under this paragraph require the governing bodies of grant-maintained special schools or any class of such schools specified in the direction or the governing body of any particular grant-maintained special school so specified to modify their articles of government in any manner so specified.

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

Parent governors

5

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

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

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

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

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

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

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

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

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

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

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

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

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

Teacher governors

6

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

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

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

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

Head teacher

7

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

First governors

8

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

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

(3) The instrument—

(a) shall require—

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

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

but one person may satisfy both requirements, and

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

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

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

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

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

Power of Secretary of State to replace first governors

9

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

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

(3) This sub-paragraph applies where—

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

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

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

(d) the Secretary of State has received a statement prepared under section 210 of this Act or the period allowed by subsection (2) of that section for the preparation of such a statement has expired;

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

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

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

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

10

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

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

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

Additional governors

11

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

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

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

Powers

12

Section 68 of this Act shall have effect in relation to the governing body of a grant-maintained special school with such modifications as may be prescribed.

Transitory provisions

13

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

(a) the initial instrument of government, or

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

General application of enactments

14

In relation to any governing body incorporated in pursuance of proposals under section 183(3)(a) or 186 of this Act or any school conducted or formerly conducted by such a governing body, regulations may provide for any provision of—

(a) Schedules 5 and 6 to this Act,

(b) Chapters VI, VII, VIII and X of Part II of this Act, and

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

to have effect with or without modification.

SCHEDULE 12

Supplementary powers

1

(1) Subject to sub-paragraph (2) below and to the articles of government of any school they conduct, an education association may do anything which appears to them to be necessary or expedient for the purpose of or in connection with the discharge of their functions, including in particular—

(a) acquiring and disposing of land and other property,

(b) entering into contracts,

(d) accepting gifts of money, land or other property.

(2) An education association shall not borrow money except money lent under section 92 of this Act.

(3) The power to dispose of land mentioned in sub-paragraph (1)(a) above—

(a) does not include power to grant any mortgage, charge or other security in respect of any land, and

(b) may only be exercised with the written consent of the Secretary of State.

Tenure of members

2

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

(2) A person may at any time by notice in writing to the Secretary of State resign his office as a member of an education association.

3

If the Secretary of State is satisfied that a member of an education association—

(a) has been absent from meetings of the association for a period longer than six consecutive months without the permission of the association, or

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

the Secretary of State may by notice in writing to that member remove him from office and thereupon the office shall become vacant.

Salaries, allowances and pensions

4

(1) The Secretary of State may—

(a) pay to the members of an education association such salaries or fees, and such travelling, subsistence or other allowances, as he may determine, and

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

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

(3) A determination of the Secretary of State under this paragraph requires the approval of the Treasury.

Committees

5

(1) An education association may establish a committee for any purpose.

(2) The number of the members of a committee established under this paragraph, and the terms on which they are to hold and vacate office, shall be fixed by the association.

(3) Such a committee may include persons who are not members of the association.

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

Delegation of functions

6

An education association may authorise the chairman or any committee established by them under paragraph 5 above to exercise such of their functions as they may determine.

Proceedings

7

The validity of any proceedings of an education association or of any of their committees shall not be affected by a vacancy amongst the members or by any defect in the appointment of a member.

8

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

Application of seal and proof of instruments

9

The application of the seal of an education association shall be authenticated by the signature—

(a) of the chairman or of some other person authorised either generally or specifically by the association to act for that purpose, and

(b) of one other member.

10

Every document purporting to be an instrument made or issued by or on behalf of an education association and to be duly executed under their seal, or to be signed or executed by a person authorised by the association to act in that behalf, shall be received in evidence and be treated, without further proof, as being so made or issued unless the contrary is shown.

SCHEDULE 13

Property, rights and liabilities

1

On the incorporation under section 238(1) of this Act of a governing body (“the new governing body”) constituted under an instrument of government for two or more schools grouped in pursuance of a resolution under section 9 of the Education (No. 2) Act 1986—

(a) all land and other property which, immediately before the date of incorporation, was property of the governing body of any of those schools used or held for the purposes of the school in question, and

(b) all rights and liabilities of the governing body of any of those schools subsisting immediately before that date which were acquired or incurred for those purposes,

shall be transferred to and, by virtue of this Act, vest in the new governing body.

2

On the incorporation under section 238(1) of this Act of a governing body (“the new governing body”) for a school which, immediately before the incorporation date, was conducted by a temporary governing body constituted under arrangements made under section 12 of that Act—

(a) all land and other property which, immediately before the date of incorporation, was property of the temporary governing body used or held for the purposes of the school, and

(b) all rights and liabilities of the temporary governing body subsisting immediately before that date which were acquired or incurred for those purposes,

shall be transferred to and, by virtue of this Act, vest in the new governing body.

Contracts of employment

3

Without prejudice to the generality of the provisions of section 238 of this Act and paragraphs 1 and 2 above, where those provisions effect a transfer of rights and liabilities under a contract of employment—

(a) the contract shall have effect from the date of incorporation as if originally made between the employee and the incorporated governing body, and

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