Education (No. 2) Act 1986

Appointment of temporary parent and teacher governors

7 (1) The temporary parent governors for a new school shall, subject to sub-paragraph (2) below, 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.

(2) Where—

(a) two or more schools have been, or are to be, discontinued (" the discontinued schools "); 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 (subject to sub-paragraph (3) below) 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.

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

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

(5) Before making any provision under sub-paragraph (2) above 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.

(6) No person shall be appointed under sub-paragraph (1) or (2) above 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.

(7) No person shall be appointed under sub-paragraph (1) as a temporary parent governor of a new school if he is—

(a) an elected member of the authority ;

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

(c) a co-opted member of any education committee of the authority.