Education (No. 2) Act 1986

7 Appointment of representative governors in place of co-opted governors. E+W

(1) The instrument of government for every primary school which is a county or controlled school serving an area in which there is a minor authority shall provide for one governor to be appointed by that authority.

(2) The instrument of government for every maintained special school which is established in a hospital shall provide

[F1 (a) in the case of a hospital vested in the Secretary of State, for one governor to be appointed by the District Health Authority; and

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

(3) The instrument of government for every maintained special school (other than one established in a hospital) shall, if the school has less than 100 registered pupils, provide for one governor to be appointed—

(a) 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

(b) jointly by two or more voluntary organisations so designated;

and shall, if it has more than 99 registered pupils, provide for two governors to be so appointed.

(4) Where, by virtue of subsection (3) above, an instrument of government is required to provide for the appointment of two governors, it may make different provision in relation to the appointment of one governor to that made in relation to the appointment of the other.

(5) Where a local education authority are satisfied, in relation to any special school, that there is no voluntary organisation which it would be appropriate to designate for the purposes of subsection (3) above, that subsection shall not apply to its instrument of government.

(6) Where the instrument of government for any school is required by this section to provide for the appointment of any governor, the instrument—

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

(b) 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

(c) 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.

(7) In subsection (6) above, references to co-opted governors are to governors required to be co-opted by virtue of section 3 of this Act and do not include references to co-opted foundation governors.

Textual Amendments

F1 S. 7(2)(a)(b) substituted for words by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 66(1), Sch. 9 para. 31