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Education Act 1996

Type Public General Act

Publication 1996-07-24

Last updated 2026-08-18

State In force

Department Statute Law Database

Source legislation.gov.uk

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The proceedings of a 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.

15

(1) Regulations may make provision (including provision modifying the effect of paragraph 14) as to the meetings and proceedings of governing bodies.

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

(3) The provision that may be made under sub-paragraph (1) or (2) includes, in particular, provision—

(a) for the election by the governors of a school of one of their number to be chairman, and one to be vice-chairman, of the governing body;

(b) for the period for which the chairman and vice-chairman are to be elected;

(c) for the establishment by the governing body of committees (which may include persons who are not members of the governing body) and for the constitution, meetings and proceedings of committees so established;

(d) for the delegation of functions of the governing body, in such circumstances as may be specified, to committees established by that body, to any member of that body or to the head teacher;

(e) for the chairman, or such other member of a governing body as may be specified, to have power in specified circumstances to discharge any of the governing body’s functions as a matter of urgency; and

(f) as to the quorum required for the purposes of making appointments of parent governors in accordance with any provision made by virtue of section 81 or when business is transacted by governors of a particular category.

(4) In sub-paragraph (3) “specified” means specified in regulations or the instrument of government (as the case may be).

16

(1) No decision of a kind mentioned in sub-paragraph (2) which is taken at a meeting of the governing body of an aided or special agreement school shall have effect unless it is confirmed at a second meeting of the governing body held not less than 28 days after the first.

(2) The decisions in question are—

(a) any decision that would result in—

(i) the submission of any proposals under section 41 (alteration etc. of school), or

(ii) a transfer of the school to a new site in circumstances falling within section 41(3), or

(iii) the submission of any proposals under section 51 (division of school into two or more schools);

(b) any decision—

(i) to request the making of an order under section 46 (establishment of new school in substitution for old) or section 47 (transfer to new site), or

(ii) as to the submissions to be made to the Secretary of State in any consultations under section 46(4) or section 47(3) (transfer to new site);

(c) any decision that would result in an application under section 57 or 58(1) (revocation of order by virtue of which school is aided or special agreement school);

(d) any decision to serve a notice under section 173 (discontinuance of school); and

(e) any decision to make an agreement under Schedule 6 (transfer to local education authority of interests in school premises on school changing to county school).

Information as to meetings and proceedings

17

The minutes of the proceedings of the governing body of a school shall be open to inspection by the local education authority.

18

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

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

Travelling and subsistence allowances

19

Section 519 makes provision for a local education authority to pay travelling and subsistence allowances to governors of a school where it does not have a delegated budget.

Information and training for governors

20

(1) The local education authority shall secure that every governor of a school is provided (free of charge) with—

(a) a copy of the school’s instrument of government and articles of government, and

(b) such other information as they consider appropriate in connection with the discharge of his functions as a governor.

(2) The local education authority shall also secure that there is made available to every governor of a school (free of charge) such training as the authority consider necessary for the effective discharge of those functions.

Conflict between instrument of government and regulations

21

Any provision made by an instrument of government by virtue of paragraph 10(2), 11 or 15(2) which relates to a matter dealt with by regulations under paragraph 10(1) or 15(1) shall have effect subject to the regulations.

SCHEDULE 9

Preliminary

1

In this Schedule—

“arrangement” means an arrangement made under section 96 or 97 for the constitution of a temporary governing body; and

“promoters”, in relation to a new school which will be a voluntary school, means the persons making the relevant proposals.

Constitution of temporary governing bodies

2

(1) Subject to the following provisions of this Schedule, a temporary governing body of a new school shall be constituted—

(a) in accordance with sections 79 and 80 (so far as applicable), where the school will be a county, controlled or maintained special school, and

(b) in accordance with sections 84 and 85 (so far as applicable), where the school will be an aided school.

(2) For the purposes of the application of section 79, 80, 84 or 85 in relation to the constitution of the temporary governing body of a new school, the new school shall be treated as having as registered pupils the maximum number of pupils referred to in the relevant proposals.

3

(1) A local education authority shall not 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) A local education authority shall not 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 a reference under this paragraph, the Secretary of State shall give such direction as he thinks fit.

Appointment of temporary governors

4

The temporary parent governors of a new school shall, subject to paragraph 6, 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.

5

The temporary teacher governors of a new school shall, subject to paragraph 6, be co-opted by a resolution passed at a meeting of those temporary governors who have not themselves been co-opted.

6

(1) Where—

(a) two or more schools have been, or are to be, discontinued, 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 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.

(2) No provision may be made under sub-paragraph (1) 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.

(3) On a reference under sub-paragraph (2), the Secretary of State shall give such direction as he thinks fit.

(4) Before making any provision under sub-paragraph (1) 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.

7

(1) No person shall be appointed under paragraph 4 or 6 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.

(2) No person shall be appointed under paragraph 4 as a temporary parent governor of a new school if he is—

(a) an elected member of the local education authority; or

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

(3) No person shall be appointed under paragraph 5 or 6 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.

8

(1) Where any person, other than a prospective sponsor, appoints a person as a temporary governor of a new school, he shall have regard to the desirability of that person being suitably experienced.

(2) For the purposes of this paragraph a person is suitably experienced—

(a) if he has served as a governor or temporary governor of a school, and

(b) 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.

(3) In sub-paragraph (1) “prospective sponsor” means a person who is to be named in the instrument of government as a sponsor of the school in question.

9

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

(2) In co-opting a person 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 have regard—

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

(b) 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, 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, shall co-opt a person who appears to them to be a member of that community.

(3) This paragraph does not apply in relation to the co-option of temporary foundation governors, and sub-paragraph (2) does not apply in relation to the co-option of temporary teacher governors.

10

If—

(a) a temporary governor is to be appointed by persons acting jointly, and

(b) those persons fail to make an agreed appointment,

the appointment shall be made by, or in accordance with a direction given by, the Secretary of State.

Qualifications of temporary governors and tenure of office

11

No person shall be qualified for membership of a temporary governing body unless he is aged 18 or over at the date of his appointment.

12

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

(2) The fact that a person is qualified to be appointed as a temporary governor of a particular category of a new school does not disqualify him for appointment as a temporary governor of any other category of that school.

13

Regulations may make provision as to the circumstances in which persons are to be disqualified for holding office as temporary governors.

14

A 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.

Meetings and proceedings

15

(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) If 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).

16

Regulations may make provision in relation to temporary governing bodies similar to that which may be made in relation to governing bodies by regulations under paragraph 15(1) of Schedule 8.

17

(1) Subject to sub-paragraph (2), the first meeting of a temporary governing body shall be called by their clerk.

(2) Where the clerk fails to call the first meeting within such period as the local education authority consider reasonable, the authority shall call it.

Information as to meetings and proceedings

18

The minutes of the proceedings of a temporary governing body shall be open to inspection by the local education authority.

Travelling and subsistence allowances.

19

Section 519 (allowances for governors) shall apply in relation to the members of a temporary governing body as it applies in relation to the members of a governing body of a school falling within subsection (1)(a) of that section.

Expenses of temporary governing bodies

20

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 as they would be if the relevant proposals had been implemented and the temporary governing body were the governing body of the school.

Information for temporary governing bodies

21

A local education authority shall secure that the temporary governing body of a new school 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 the temporary governing body to discharge their functions effectively.

Powers of the Secretary of State

22

For the purposes of the following provisions—

(a) section 495(1) (determination of disputes),

(b) section 496 (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.

SCHEDULE 10

Time limit for constitution of governing body

1

The local education authority shall secure that the governing body of a new school are constituted—

(a) as soon as is reasonably practicable after the requirement for there to be an instrument of government for the school takes effect under section 99, 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 maintained by the authority.

Status of temporary governing body pending constitution of governing body

2

Where the requirement for there to be an instrument of government for a new school has taken effect under section 99, the temporary governing body shall, until such time as the governing body are constituted—

(a) continue in existence (despite the fact that the arrangement under which they were constituted has come to an end under section 96 or 97); and

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

Role of temporary governing body as regards constitution of governing body

3

(1) Before making an order under section 76 as to the instrument of government for a new school, the local education authority shall consult the temporary governing body and the head teacher.

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

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

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

(3) Where a local education authority propose to make an order under section 76 as to the instrument of government for 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 a reference under sub-paragraph (3), the Secretary of State shall give such direction as he thinks fit.

4

(1) A temporary governing body shall recommend (with reasons) persons who belong to the community served by the new school and who are, in their opinion, suitable for appointment as co-opted members of the governing body who will succeed them.

(2) Before making any recommendations under this paragraph, a temporary governing body shall consult representatives of the local business community.

Initial constitution of governing body

5

(1) When the requirement for there to be an instrument of government for a new school takes effect under section 99, sub-paragraph (2) shall apply for the purposes of the application of section 79, 80, 84 or 85 in relation to the constitution of the school’s governing body.

(2) Where this sub-paragraph applies, the school shall be treated as having as registered pupils the maximum number of pupils referred to in the relevant proposals.

(3) Subject to sub-paragraph (4), sub-paragraph (2) shall, as from the time when the governing body is first constituted, continue to apply for the purposes of determining what provision would be required to be made by a new instrument of government for the school.

(4) Sub-paragraph (2) shall cease so to apply in relation to the school at such time as—

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

(b) the local education authority give any direction by virtue of sub-paragraph (5).

(5) The instrument of government for a school in relation to which sub-paragraph (2) applies when the instrument is made shall provide for the local education authority to have power to direct that sub-paragraph (2) shall cease to apply in relation to the school.

Information about temporary governing body for successors

6

(1) Immediately before the arrangement under which a temporary governing body are constituted comes to an end under section 96 or 97, they shall prepare, 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.

(2) All minutes and papers of a temporary governing body, including the report prepared under sub-paragraph (1), shall be made available to their successors.

SCHEDULE 11 — Contents of statements under section 122(2) and section 124(1)

Part I — Statements under section 122(2)

1

(1) This Part of this Schedule applies to any statement prepared by a local authority under section 122(2).

(2) In this Part of this Schedule “the scheme” means the scheme referred to in section 122(1).

2

The statement shall contain the following particulars in respect of the financial year to which it relates—

(a) the amount of the authority’s general schools budget for the year (as initially determined for the purposes of the scheme),

(b) the amount of the authority’s aggregated budget for the year under the scheme (as so determined),

(c) such particulars as may be prescribed of amounts deducted in respect of excepted heads or items of expenditure (as defined in section 105(3)) in arriving at the amount specified in the statement by virtue of sub-paragraph (b),

(d) such particulars as may be prescribed of amounts deducted by virtue of section 105(1)(b) in arriving at the amount so specified, and

(e) such particulars of the allocation formula under the scheme as may be prescribed.

3

(1) The statement shall also contain, with respect to each school required to be covered by the scheme in the year in question, particulars in relation to that year of the planned expenditure per pupil arising from the division of the school’s budget share (as initially determined for the purposes of the scheme) by the initial pupil number.

(2) In sub-paragraph (1) “the initial pupil number” means the number of registered pupils at the school in question which is required under the scheme to be used in applying the allocation formula under the scheme for initial determination of the school’s budget share for the year.

4

The statement shall contain such further information in respect of the financial provision the authority plan to make in the year in question for county and voluntary schools maintained by them as may be prescribed.

Part II — Statements under section 124(1)

5

(1) A statement prepared by a local authority under section 124(1) shall give the following particulars in respect of the financial year to which it relates—

(a) the initial amount appropriated for meeting expenditure in the year in respect of all the schools required to be covered by the statement,

(b) the amount remaining after deducting from that initial amount the aggregate of the amounts referred to in sub-paragraph (2), and

(2) Those amounts are the initial amounts appropriated for meeting the following descriptions of expenditure in the year in respect of all the schools required to be covered by the statement—

(a) expenditure treated by the authority as expenditure of a capital nature,

(b) expenditure in respect of the repayment of the principal of, the payment of interest on and the discharge of any other financial obligation in connection with any loan used to meet expenditure falling within paragraph (a), and

6

(1) The statement shall also give, in relation to each school required to be covered by it, the following particulars in respect of the year—

(a) the share of the general expenditure amount which is appropriated by the authority for meeting expenditure for the purposes of the school,

(b) the share which is so appropriated of such of the amounts referred to in paragraph 5(2)(c) as may be prescribed,

(c) the amount of any expenditure initially planned for the purposes of the school and treated by the authority as expenditure of a capital nature, and

(d) such particulars as may be prescribed of the basis on which the authority determine the shares specified in the statement by virtue of paragraphs (a) and (b).

(2) In sub-paragraph (1) “the general expenditure amount” means the amount of which particulars are required to be given by paragraph 5(1)(b).

7

The statement shall contain such further information in respect of the financial provision initially planned by the authority for the schools required to be covered by the statement as may be prescribed.

8

Where only one school is required to be covered by the statement, the references in paragraph 5 to all the schools are references to that school and paragraph 6 does not apply.

SCHEDULE 12 — Financial delegation and new schools

Preliminary

1

In this Schedule “temporary governing body” does not include a temporary governing body who by virtue of paragraph 2 of Schedule 10 fall to be treated as a governing body.

New county and voluntary schools

2

(1) For the purposes of applying (in accordance with this Schedule) sections 101 to 122 and Part I of Schedule 11 in relation to new schools which will be county or voluntary schools—

(a) references to a school conducted by a governing body shall be read as including a new school which has a temporary governing body, and

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

(2) For those purposes—

(b) references to a county or voluntary school maintained by a local authority , and

(b) references, in a context referring to a local authority, to county and voluntary schools,

shall be read as including a new school which on implementation of the relevant proposals will be a county or voluntary school maintained by the authority.

3

(1) A new school which will be a county or voluntary school is required to be covered by a scheme in any financial year if it has a temporary governing body during the whole or any part of that year.

(2) In the case of such a school, sections 101 to 122 and Part I of Schedule 11 apply subject to the modifications set out in paragraphs 4 to 7.

4

(1) Where a school required to be covered by a scheme in a financial year is a new school during the whole or any part of that year, the provision required by section 106(4)(a) shall not apply in relation to the determination of the school’s budget share for the year, so far as that share falls in accordance with the scheme to be treated as referable to planned expenditure by the local authority for the purposes of the school in respect of any period before the implementation of the relevant proposals.

(2) Accordingly—

(a) paragraph 3(1) of Schedule 11 shall apply in relation to the school as if it referred to such part (if any) of the school’s budget share for the year as falls to be determined in accordance with the provision required by section 106(4)(a); and

(b) the statement under section 122(2) shall include in relation to the school the additional particulars mentioned in sub-paragraph (3).

(3) Those particulars are the amount of such part (if any) of the school’s budget share for the year (as initially determined for the purposes of the scheme) as falls in accordance with the scheme to be treated as referable to planned expenditure such as is mentioned in sub-paragraph (1).

(4) Sub-paragraph (1) shall not be taken as prejudicing the inclusion in the allocation formula under a scheme, by virtue of section 106(4)(b), of provision taking into account in relation to a new school any forecast made in accordance with the scheme of the number of pupils it will have on implementation of the relevant proposals.

5

The delegation requirement under a scheme shall not apply in relation to a new school (where it is not a school to which section 110 applies) until such date as may be determined by or under the scheme.

6

Section 110 shall have effect, in relation to a new school to which it applies, with the omission of subsection (3)(a).

7

Section 122(7) shall not apply in relation to the temporary governing body of a new school.

New special schools

8

(1) Any reference—

(a) in section 120, to maintained special schools or to a maintained special school, or

(b) in section 124, to special schools or to a special school,

shall be read as including a new school proposed to be established by a local authority which will be a maintained special school and which has a temporary governing body.

(2) Any reference in section 120 or 124 to a school’s governing body shall be read, in relation to such a new school, as a reference to its temporary governing body.

(3) The reference in section 124(1) to a local authority maintaining a special school or special schools shall be read, in relation to such a new school, as a reference to the authority being under a duty by virtue of paragraph 20 of Schedule 9 to defray expenses in relation to its temporary governing body.

9

Section 124(8) shall not apply in relation to the temporary governing body of a new school.

Financial delegation apart from schemes

10

Section 125 shall not apply in relation to a new school.

SCHEDULE 13 — Staffing of county, controlled, special agreement and maintained special schools

The selection panel

1

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

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

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

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

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

2

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

Appointment of head teacher

3

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

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

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

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

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

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

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

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

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

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

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

(b) where—

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

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

require the authority to re-advertise the vacancy, and

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

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

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

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

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

(a) it has been duly advertised,

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

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

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

Appointment of deputy head teacher

4

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

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

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

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

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

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

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

Appointment of other staff: general

5

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

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

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

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

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

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

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

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

Appointment of other staff: vacancy advertised

6

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Appointment of other staff: vacancy not advertised

7

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

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

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

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

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

(a) have regard to any such specification, and

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

Delegation of functions under paragraph 6 or 7

8

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

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

(a) to one or more governors,

(b) to the head teacher, or

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

Restriction on making appointment where vacancy advertised

9

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

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

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

Consultation by local authority before appointing certain non-teaching staff

10

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

(a) in a teaching post,

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

(i) the provision of meals;

(ii) the supervision of pupils at midday.

Dismissal etc. of staff

11

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

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

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

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

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

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

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

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

(i) the provision of meals;

(ii) the supervision of pupils at midday.

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

(a) extending his period of probation, or

(b) deciding whether he has completed it successfully.

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

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

(7) The governing body or head teacher shall—

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

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

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

SCHEDULE 14

Introductory

1

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

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

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

(a) qualifications,

(b) health and physical capacity, or

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

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

Appointment of head teacher and deputy head teacher

2

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

3

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

4

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

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

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

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

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

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

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

5

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

6

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

(2) The selection panel shall—

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

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

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

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

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

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

7

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

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

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

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

Appointment of other teachers

8

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

9

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

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

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

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

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

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

10

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

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

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

11

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

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

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

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

12

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

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

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

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

13

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

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

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

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

14

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

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

15

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

(a) to one or more governors,

(b) to the head teacher, or

Advice of chief education officer on appointments of teachers

16

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

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

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

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

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

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

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

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

(a) the governing body,

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

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

Advice of head teacher on appointments of teachers

17

Except in relation to the appointment of a head teacher—

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

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

Appointment of non-teaching staff

18

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

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

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

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

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

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

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

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

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

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

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

19

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

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

The clerk to the governing body

20

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

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

Discipline

21

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

(2) The governing body shall establish—

(a) disciplinary rules and procedures, and

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

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

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

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

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

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

Suspension

22

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

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

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

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

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

Dismissal, etc.

23

(1) Where the governing body determine—

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

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

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

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

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

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

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

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

24

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

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

25

(1) The governing body shall—

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

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

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

26

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

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

27

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

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

School meals staff

28

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

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

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

SCHEDULE 15

Part I — County, controlled and maintained special schools

Preliminary

1

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

Reinstatement of permanently excluded pupils

2

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

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

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

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

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

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

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

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

3

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

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

(b) which is given by the governing body.

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

4

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

Reinstatement of pupils excluded for a fixed period

5

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

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

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

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

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

6

(1) Where the local education authority—

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

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

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

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

7

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

Part II — Aided and special agreement schools

Preliminary

8

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

Reinstatement of permanently excluded pupils

9

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

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

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

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

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

10

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

Reinstatement of pupils excluded for a fixed period

11

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

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

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

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

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

12

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

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

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

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

13

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

Part III — General

Power to prescribe periods for the taking of any required steps

14

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

Meaning of “the relevant person”

15

In this Schedule “the relevant person” means—

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

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

SCHEDULE 16

Duty to inform parent or pupil of right of appeal

1

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

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

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

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

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

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

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

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

Suspension of direction for reinstatement pending appeal etc.

2

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

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

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

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

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

Time limits and notices waiving right to appeal

3

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

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