Education (No. 2) Act 1986

Governing bodies E+W

3 Governing bodies for county, controlled and maintained special schools. E+W

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

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

(a) two parent governors;

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

(c) one teacher governor;

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

(e) either—

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

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

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

(a) three parent governors;

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

(c) one teacher governor;

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

(e) either—

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

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

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

(a) four parent governors;

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

(c) two teacher governors;

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

(e) either—

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

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

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

(a) five parent governors;

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

(c) two teacher governors;

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

(e) either—

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

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

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

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

Modifications etc. (not altering text)

C1 S. 3(2)(b)(3)(b)(4)(b)(5)(b) excluded (1.1.1994) by 1993 c. 35, s. 214(4)(9); S.I. 1993/3106, art. 4, Sch.1

4 Governing bodies for aided and special agreement schools. E+W

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

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

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

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

(c) foundation governors;

(d) at least one parent governor;

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

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

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

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

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

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

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

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

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

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

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

Modifications etc. (not altering text)

C2 S. 4(3) excluded (1.1.1994) by 1993 c. 35, s. 214(8)(9); S.I. 1993/3106, art. 4, Sch.1

4A F1 Sponsor governors for aided secondary schools. E+W

(1) The instrument of government for any aided secondary school shall, if a direction under this section so requires—

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

(b) 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.

(2) A direction under this section in respect of a school, other than a direction under subsection (4) or (5) below—

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

(b) 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.

(3) A direction under this section varying or revoking a previous direction—

(a) may only be made after consulting the governing body, and

(b) 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.

(4) Where proposals approved under section 13 of the Education Act 1980 (establishment and alteration of voluntary schools)—

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

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

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

the Secretary of State shall, if he makes an order under section 15 of the Education Act 1944 (classification of schools) directing that the school be an aided school, give a direction under this section for the purpose of implementing the proposals.

(5) Where an order under section 54 of this Act directs that a secondary school be an aided school and the proposals published by the governing body under that section—

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

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

the Secretary of State shall give a direction under this section for the purpose of implementing the proposals.

(6) Where the instrument of government for any aided secondary school names two or more persons as sponsors of the school—

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

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

(7) Where in pursuance of this section the instrument of government for a school names a person as a sponsor of the school, section 4(3)(a) of this Act shall have effect as if it required the instrument to provide for such number of foundation governors as will lead to their outnumbering the other governors by two.

(8) In this section “direction” means a direction contained in an order made by the Secretary of State; but section 63(1) of this Act shall not apply to the power of the Secretary of State to make orders under this section.

Textual Amendments

F1 S. 4A inserted (1.1.1994) by 1993 c. 35, s. 271(1); S.I. 1993/3106, art. 4, Sch.1

Governing bodies E+W

3 Governing bodies for county, controlled and maintained special schools. E+W

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

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

(a) two parent governors;

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

(c) one teacher governor;

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

(e) either—

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

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

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

(a) three parent governors;

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

(c) one teacher governor;

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

(e) either—

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

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

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

(a) four parent governors;

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

(c) two teacher governors;

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

(e) either—

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

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

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

(a) five parent governors;

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

(c) two teacher governors;

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

(e) either—

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

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

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

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

Modifications etc. (not altering text)

C1 S. 3(2)(b)(3)(b)(4)(b)(5)(b) excluded (1.1.1994) by 1993 c. 35, s. 214(4)(9); S.I. 1993/3106, art. 4, Sch.1

4 Governing bodies for aided and special agreement schools. E+W

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

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

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

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

(c) foundation governors;

(d) at least one parent governor;

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

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

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

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

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

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

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

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

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

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

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

Modifications etc. (not altering text)

C2 S. 4(3) excluded (1.1.1994) by 1993 c. 35, s. 214(8)(9); S.I. 1993/3106, art. 4, Sch.1