Education Act 1996

Chapter IX E+W Groups of grant-maintained schools

280 Nature of group. E+W

(1) Subject to the provisions of this Chapter, two or more grant-maintained schools may be conducted as a group by a single governing body.

(2) In the case of such a group—

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

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

(3) The instrument and articles of government—

(a) shall comply with any requirements imposed by or under this Chapter, and

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

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

(5) The provisions of Schedules 22 and 23 (other than paragraph 14 of Schedule 22) shall have effect in relation to groups of grant-maintained schools with such modifications as may be prescribed.

(6) Subject to any provision made by or under this Chapter, where there is a group of grant-maintained schools any provision of an enactment which applies to such schools shall apply separately in relation to each of the schools.

(7) References in this Chapter to a group are to a group of grant-maintained schools conducted, or to be conducted, by a single governing body.

281 Instruments and articles of government for group. E+W

(1) The initial instrument of government for the governing body of a group and the initial articles of government for each school in the group shall be such as are prescribed.

(2) The initial instrument of government shall have effect as from the date on which the governing body are incorporated.

(3) The initial articles of government shall have effect as from the date of implementation of the proposals in pursuance of which the school became a member of the group.

(4) Section 220 shall apply in relation to the governing body of a group as it applies in relation to the governing body of a grant-maintained school.

(5) Section 221 shall apply in relation to a school in a group as it applies in relation to other grant-maintained schools.

282 Parent governors. E+W

(1) The instrument of government for the governing body of a group shall provide for the governing body to include parent governors.

(2) The number of parent governors shall not be—

(a) less than three, or

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

(3) Subject to subsection (6), the parent governors shall be elected by persons who are registered parents of registered pupils at schools in the group; but, if any of the schools in the group is established in a hospital, the instrument may provide for any of the parent governors to be appointed by the other members of the governing body.

(4) To qualify for such election a person must when he is elected be a registered parent of a registered pupil at one of the schools in the group and, to qualify for such appointment, a person must when he is appointed be such a parent or, if that is not reasonably practicable, a parent of one or more children of compulsory school age.

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

(6) The instrument shall provide that if—

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

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

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

(7) The instrument shall require governors, in appointing a person under a provision made by virtue of subsection (6)—

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

(b) where it is not, to appoint a person who is the parent of one or more children of compulsory school age.

283 Teacher governors. E+W

(1) The instrument of government for the governing body of a group shall provide for the governing body to include either one or two teacher governors.

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

(3) To qualify for such election, a person must when he is elected be a teacher at one of the schools in the group.

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

284 Head teacher governors. E+W

The instrument of government for the governing body of a group shall provide for the head teacher of each school in the group to be an ex officio governor, unless he chooses not to be.

285 Core governors. E+W

(1) The instrument of government for the governing body of a group shall provide for the governing body to include core governors.

(2) Schedule 25 (which makes provision in relation to core governors for groups) shall have effect.

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

286 Power of the Secretary of State to replace core governors. E+W

(1) The instrument of government for the governing body of a group shall provide for the Secretary of State to have power, where any of subsections (2) to (4) apply, to replace all or any of the core governors, other than any externally appointed core governor appointed in respect of a particular school.

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

(3) This subsection applies where—

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

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

(c) if any registered inspector or member of the Inspectorate has made a later report of an inspection of the school under Part I of the M1 School Inspections Act 1996, he did not express the opinion in the report that special measures were not required to be taken in relation to the school, and

(d) the Secretary of State has received a statement prepared under section 17 of that Act or the period allowed by subsection (2) of that section for the preparation of such a statement has expired;

and expressions used in this subsection and in that Act have the same meaning as in that Act.

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

(5) The instrument of government shall enable the Secretary of State to make such provision as he thinks fit for filling vacancies for core governors other than externally appointed governors if it appears to him that the governing body are unable or unwilling to fill the vacancies.

(6) Any provision made by the instrument of government in pursuance of Schedule 25 shall not apply for the purposes of the appointment by virtue of this section of any core governor.

Marginal Citations

M1 1996 c. 57.

287 Additional governors. E+W

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

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

(3) Section 285(3) and Schedule 25 do not apply to additional core governors.

288 Powers. E+W

In the case of a group of grant-maintained schools conducted by a single governing body, that body shall have in relation to each of the schools the powers conferred by section 231 on the governing body of a grant-maintained school.

289 Application of maintenance grants in the case of groups. E+W

(1) For each financial year the governing body of a group shall apply for the purposes of each school in the group the share of maintenance grant which is attributable to that school.

(2) For the purposes of subsection (1), in each financial year the share of maintenance grant which is attributable to each school in a group is the amount which in the case of that school is the prescribed percentage of the maintenance grant payable in respect of the school.

(3) The governing body of a group shall not apply otherwise than for the purposes of schools in the group any payments made to them in respect of maintenance grant.

(4) This section is subject to—

(a) any requirements imposed under section 247(1) or, as the case may be, 253(1), and

(b) any requirements as to the application of maintenance grant contained in the articles of government for any of the schools.

(5) In relation to groups of grant-maintained schools, this section has effect in place of section 244(3) or, as the case may be, 250(2).

F1 290 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F1 S. 290 repealed (1.10.1998) by 1998 c. 31, s. 140(1)(3), Sch. 30, para. 70, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1998/2212, art. 2(1), Sch. 1, Pt. I (subject to savings in S.I. 1999/2323, Sch. 7 paras. 2, 5, 6, 10, 12)