Education Act 1996

226 First governors

(1) The instrument of government for the governing body of a grant-maintained school which—

(a) is a county school immediately before it becomes grant-maintained, or

(b) is established in pursuance of proposals published under section 211,

shall provide for the governing body to include first governors.

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

(3) Subject to subsections (5) and (6), the instrument—

(a) shall require—

(i) at least two of the first governors to be (on the date or dates on which they respectively take office) parents of registered pupils at the school, and

(ii) at least two of the first governors to be (on the date or dates on which they respectively take office) members of the local community,

but one person may satisfy both requirements, and

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

(4) The initial instrument shall provide for the number of first governors to be such number (being a number which will secure that they will outnumber the other governors) as is specified in the proposals for acquisition of grant-maintained status or, as the case may be, the proposals for the establishment of a new grant-maintained school.

(5) In the case of a grant-maintained school which is a county school immediately before it becomes grant-maintained, the instrument shall, despite subsection (3), have effect in relation to the determination of initial first governors—

(a) as if—

(i) it required the first governors to include at least two persons who on the date of their selection or nomination are parents of registered pupils at the school, and

(ii) it required the first governors to include at least two persons who appear to those selecting or nominating them to be members of the local community,

but provided that one person might satisfy both requirements, and

(b) as if it required the first governors to include persons who appear to those selecting or nominating them to be members of the local business community (and provided that such persons might also satisfy one or both of the requirements of paragraph (a)(i) and (ii) above).

(6) In the case of a grant-maintained school established in pursuance of proposals published under section 211—

(a) any provision of the instrument made by virtue of subsection (3)(a)(i) shall not apply in relation to the appointment before the date of implementation of the proposals of any first governor, and

(b) any provision of the instrument made by virtue of subsection (3)(b) shall apply as if references to the governing body were references to the funding authority.

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