Education (No. 2) Act 1986

two parent governors;

two governors appointed by the local education authority;

one teacher governor;

the head teacher, unless he chooses not to be a governor; and

three parent governors;

three governors appointed by the local education authority;

one teacher governor;

the head teacher, unless he chooses not to be a governor; and

four parent governors;

four governors appointed by the local education authority;

two teacher governors;

the head teacher, unless he chooses not to be a governor; and

five parent governors;

five governors appointed by the local education authority;

two teacher governors;

the head teacher, unless he chooses not to be a governor; and

at least one governor appointed by the local education authority;

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

foundation governors;

at least one parent governor;

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

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

the head teacher, unless he chooses not to be a governor.

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

name as a sponsor of the school a person specified in the direction, and

provide for the governing body of the school to include such number of governors appointed by the sponsor, not exceeding four, as is so specified.

may only be given at the request, or with the consent, of the governing body, and

may make provision (including the modification of any provision made by or under this Act) as to the time by which a new instrument of government is to be made and the consent and consultation which is to be required before it is made.

may only be made after consulting the governing body, and

may make provision (including the modification of any provision made by or under this Act) as to the time by which a new instrument of government is to be made and the consent and consultation which is to be required before it is made.

provide for a secondary school to be maintained by the local education authority as a voluntary school,

name a person as a sponsor of the school, and

provide for the governing body of the school to include a specified number of governors, not exceeding four, appointed by the sponsor,

name a person as a sponsor of the school, and

provide for the governing body of the school to include a specified number of governors, not exceeding four, appointed by the sponsor,

the number of governors appointed under the instrument by virtue of this section may not exceed four, and

the instrument may not provide for any of those governors to be appointed by two or more sponsors acting jointly.

at least fifty per cent. of the registered pupils at the school are boarders; and

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

one or more vacancies for parent governors are required to be filled by election; and

the number of parents standing for election as parent governors is less than the number of vacancies.

in the case of a hospital vested in the Secretary of State, for one governor to be appointed by the F51Health Authority; and

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

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

jointly by two or more voluntary organisations so designated;

shall name the person or persons by whom the governor is to be appointed;

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

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

any vacancy among their number; or

any defect in the election or appointment of any governor.

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

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

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

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

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

any decision that would result in the submission of proposals under section 13 of the 1980 Act (establishment and alteration of voluntary schools);

any decision to serve a notice under section 14(1) of the 1944 Act (discontinuance of school);

any decision that would result in an application under section 15(4) of the 1944 Act (revocation of order whereby school is an aided or special agreement school);

any decision to request the making of an order under subsection (2) of section 16 of the 1944 Act (discontinuance of school for which another school is substituted) or as to the submissions to be made to the Secretary of State in any consultations under subsection (3) of that section;

any decision to make an agreement under Schedule 2 to the 1944 Act (agreement for transfer of interest in school to local education authority).

be treated for the purposes of this Part as a single school; and

have a single governing body constituted under a single instrument of government.

as an aided school, if it contains at least one such school;

as a special agreement school, if it contains at least one such school and paragraph (a) above does not apply;

as a controlled school, if it contains at least one such school and neither paragraph (a) nor paragraph (b) above applies;

as a maintained special school, if it consists only of such schools; and

as a county school, if none of the preceding paragraphs apply.

to review the grouping of those schools and to consider whether or not it should be brought to an end; and

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any alteration in the status of an aided or special agreement school effected by an order of the Secretary of State under section 15(4) of the 1944 Act (revocation of order by virtue of which school is an aided or special agreement school).

if the group does not include any voluntary school, by resolution of the local education authority; and

in the case of a group which was established for a specified period, at the end of that period; or

on the bringing to an end of the group in accordance with subsection (6) or (7) above.

the group will consist only of two primary schools both of which serve substantially the same area;

neither of the schools is a special school; and

where they are in Wales, there is no significant difference between them in their use of the Welsh language.

two primary schools are to be regarded as serving substantially the same area; or

there is any significant difference between two primary schools in their use of the Welsh language;

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

where no relevant event of a kind mentioned in paragraph (a) F61. . . above has occurred in relation to the school before the fourth anniversary of the date on which the current instrument of government for the school was made, that anniversary;

where any relevant event has previously occurred in relation to the school, the fourth anniversary of the latest such event.

the governing body are properly constituted;

the provision made by the instrument of government for the school is in any respect different from that which a new instrument of government would be required to make.

the Secretary of State has approved, under section 12 or 13 of the 1980 Act F64or section 184 of the Education Act 1993, any proposal of a kind mentioned in subsection (2) below; or

a local education authority making any such proposal have determined, under section 12(7) of that Act, that it should be implemented;

any proposal that a relevant school should be maintained by a local education authority as a voluntary school.

as to whether the power given to the authority by subsection (4) above should be exercised; and

if the authority propose to exercise it, as to the date on which it should be exercised.

whether the power given to the authority by subsection (4) above should be exercised; and

where they agree that it should, on what date the authority should exercise it.

was established by those making the proposal, or by persons whom they represent, and which is not a voluntary school; or

is proposed to be so established.

to vary the instrument of government in such manner as is required to remove any such difference; or

to make a new instrument of government.

any county, controlled or maintained special school has more governors of a particular category than are provided for by the instrument of government for the school; and

the excess is not eliminated by the required number of governors of that category resigning;

to make all necessary arrangements for, and to determine all other matters relating to, any such election.

informed of the vacancy and that it is required to be filled by election;

informed that he is entitled to stand as a candidate, and vote, at the election; and

given an opportunity to do so.

by the Secretary of State; or

in accordance with any direction given by him.

the local education authority, in the case of a county, controlled or maintained special school; and

the governing body, in the case of an aided or special agreement school.

any provision of, or made under, this Act requires the governing body of a school to be consulted before a particular step is taken by the local education authority or the head teacher; and

the authority or head teacher require to take that step as a matter of urgency but are unable to contact the chairman or vice-chairman of the governing body;

part-time education suitable to the requirements of persons of any age over compulsory school age; or

full-time education suitable to the requirements of persons who have attained the age of nineteen years,

to determine, and keep under review, their policy in relation to the secular curriculum for the county, voluntary and special schools maintained by them;

to make, and keep up to date, a written statement of that policy; . . . F69

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F69

the range of the secular curriculum; and

the balance between its different components.

the policy of the local education authority as to the secular curriculum for the authority’s schools, as expressed in the statement made by the authority under section 17 of this Act;

what, in their opinion, should be the aims of the secular curriculum for the school; and

how (if at all) the authority’s policy with regard to matters other than sex education should in their opinion be modified in relation to the school;

to consider separately (while having regard to the local education authority’s statement under section 17 of this Act) the question whether sex education should form part of the secular curriculum for the school; and

to consult the authority before making or varying any statement under subsection (1) above; . . . F71

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to consider the statement of the local education authority under section 17 of this Act and those of the governing body under this section;

the implementation of any proposal under section 183 of the Education Act 1993 (establishment, alteration and discontinuance of maintained special schools)

they have completed such a review; and

they consider it appropriate to make a fresh written statement of their conclusions;

for the content of the secular curriculum for the school to be under the control of the governing body;

for the governing body to have regard to the policy of the local education authority as to the curriculum for the authority’s schools, as expressed in the statement made by the authority under section 17 of this Act; and

for the head teacher to be allocated by the governing body such functions as will, subject to the resources available, enable him to determine and organise the curriculum and secure that it is followed within the school.

to any representations which are made to them, with regard to that curriculum, by any persons connected with the community served by the school; and

the dates and times at which the school terms and holidays are to begin and end; and

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

a registered pupil at a county, controlled or maintained special school who is aged eighteen or over, or a parent of his, in the case of a pupil at such a school who is under eighteen, to appeal against any decision not to reinstate the pupil following his permanent exclusion from the school; and

any governing body of such a school, the head teacher of which has been directed by the authority to reinstate any registered pupil at the school who has been permanently excluded, to appeal against the direction.

the governing body have been informed in writing of the authority’s opinion.

a summary of the steps taken by the governing body in the discharge of their functions during the period since their last report; and

such other information as the articles may require.

to be as brief as is reasonably consistent with the requirements as to its contents;

to give the name of each governor and indicate whether he is a parent, teacher or foundation governor or was co-opted or otherwise appointed as a governor or is an ex officio governor;

to say, in the case of an appointed governor, by whom he was appointed;

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

to name, and give the address of, the chairman of the governing body and their clerk;

to give such information as is available to the governing body about arrangements for the next election of parent governors;

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

to draw attention to the information made available by the governing body in accordance with the regulations made under section 20 of this Act.

enable the governing body to produce their report in such language or languages (in addition to English) as they consider appropriate; and

require them to produce it in such language or languages (in addition to English and any other language in which the governing body propose to produce it) as the local education authority may direct.

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

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

where there is an obligation on the governing body (by virtue of section 31 of this Act) to hold an annual parents’ meeting, copies of the report to be considered at that meeting are given to parents not less than two weeks before that meeting.

all parents of registered pupils at the school;

the head teacher; and

such other persons as the governing body may invite.

the governors’ report; and

the discharge by the governing body, the head teacher and the local education authority of their functions in relation to the school.

for the proceedings at any annual parents’ meeting to be under the control of the governing body;

for any annual parents’ meeting, at which the required number of parents of registered pupils at the school are present, to be entitled to pass (by a simple majority) resolutions on any matters which may properly be discussed at the meeting;

for it to be the duty of the head teacher, and of the local education authority, to consider any such resolution a copy of which has been sent to him, or them, by the governing body and to provide the governing body with a brief comment on it (in writing) for inclusion in their next governors’ report.

the governing body are of the opinion that it would be impracticable to hold an annual parents’ meeting in a particular school year; and

at least fifty per cent. of the registered pupils at the school are boarders at the time when the governing body form that opinion;

for the governing body to furnish to the local education authority such reports in connection with the discharge of their functions as the authority may require (either on a regular basis or from time to time); and

for the head teacher to furnish to the governing body or (as the case may be) local education authority such reports in connection with the discharge of his functions as the governing body or authority may so require.

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

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

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

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

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

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

all full-time teaching posts; and

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

the provision of meals;

the supervision of pupils at midday.

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

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

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

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

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

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

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

in a teaching post;

in a non-teaching post which is part of the complement of the school; or

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

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

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

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

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

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

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

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

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

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

to fill the vacancy in accordance with the procedure laid down by virtue of subsection (4) below, if they intend to appoint a person who, at the time when they form that intention, is an employee of theirs or has been appointed to take up employment with them at a future date.

the return to work of the holder of the post in question; or

the taking of any steps required by the articles of government in relation to the vacancy in question.

for it to be the duty of the authority, where they decide to advertise the vacancy, to do so in a manner likely in their opinion to bring it to the notice of persons (including employees of theirs) who are qualified to fill the post;

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

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

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

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

for the provision made in the articles by virtue of subsection (3)(e) or F95. . . to apply in such a case with the substitution of references to the person or persons to whom the functions are delegated for references to the governing body.

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

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

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

whether or not he attends any such proceedings, to be consulted by the panel before it makes any recommendation to the local education authority.

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

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

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

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

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

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

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

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

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

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

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