Education (No. 2) Act 1986

8 Governors’ proceedings and tenure of office. E+W

(1) The proceedings of the governing body of any county, voluntary or maintained special school shall not be invalidated by—

(a) any vacancy among their number; or

(b) any defect in the election or appointment of any governor.

(2) The instrument of government for every county, controlled and maintained special school shall provide for each governor, other than one who is an ex officio governor, to hold office for a term of four years [F1 or in the case of governors appointed by a person named in the instrument as a sponsor of the school, for such term (not being less than five nor more than seven years) as may be specified in the instrument.]

(3) Subsection (2) above shall not be taken to prevent a governor from being elected or appointed for a further term, or from being disqualified, by virtue of regulations made under subsection (6) below, for continuing to hold office.

(4) Any governor of a county, voluntary or maintained special school may at any time resign his office.

(5) Any foundation governor of a voluntary school, or governor of a county, voluntary or maintained special school appointed otherwise than by being co-opted, may be removed from office by the person or persons who appointed him.

For the purposes of this subsection, a governor appointed in accordance with any provision made by virtue of section 5 of this Act shall be treated as having been co-opted.

(6) The Secretary of State may by regulations make provision as to the meetings and proceedings of the governing bodies of county, voluntary and maintained special schools (including provision modifying that made by subsection (1) above) and the circumstances in which persons are to be disqualified for holding office as governors of such schools.

(7) The regulations may, in particular, provide—

(a) for the election by the governors of any such school of one of their number to be chairman, and one to be vice-chairman, of the school’s governing body for such period as may be prescribed;

[F2 (aa) for the establishment of committees by the governing bodies of such schools (whether or not including persons who are not members of the governing body concerned) and for the constitution, meetings and proceedings of such committees;

(ab) for the delegation of functions of the governing body of any such school in prescribed circumstances to committees established by that body, to any member of that body or to the head teacher;]

(b) for the chairman of the governing body of any such school, or such other member of that body as may be prescribed, to have power in prescribed circumstances to discharge any of the functions of that body as a matter of urgency; and

(c) as to the quorum required for the purposes of making appointments in accordance with any provision made by virtue of section 5 of this Act or when business is transacted by governors of a particular category.

(8) The minutes of the proceedings of the governing body of any county, voluntary or maintained special school shall be open to inspection by the local education authority.

(9) The instrument of government for every county, voluntary and maintained special school may make provision with respect to the matters mentioned in subsections (6) and (7) above.

(10) Any provision made by the instrument of government for any such school which relates to a matter dealt with by regulations under subsection (6) above (including any provision made by virtue of subsection (2) above) shall have effect subject to the regulations.

(11) No decision of a kind mentioned in subsection (12) below which is taken at a meeting of the governing body of any aided or special agreement school shall have effect unless it is confirmed at a second meeting of the governing body held not less than twenty-eight days after the first.

(12) The decisions are—

(a) any decision that would result in the submission of proposals under section 13 of the 1980 Act (establishment and alteration of voluntary schools);

(b) any decision to serve a notice under section 14(1) of the 1944 Act (discontinuance of school);

(c) any decision that would result in an application under section 15(4) of the 1944 Act (revocation of order whereby school is an aided or special agreement school);

(d) any decision to request the making of an order under subsection (2) of section 16 of the 1944 Act (discontinuance of school for which another school is substituted) or as to the submissions to be made to the Secretary of State in any consultations under subsection (3) of that section;

(e) any decision to make an agreement under Schedule 2 to the 1944 Act (agreement for transfer of interest in school to local education authority).

Subordinate Legislation Made

P1 S. 8: power previously exercised by S.I. 1987/1359, 1989/1503

P2 S. 8(6)(7): s. 8(6) (with ss. 8(7), 63 and Sch. 2 para. 10(4)) power exercised (17.12.1991) by S.I. 1991/2845

Textual Amendments

F1 Words in s. 8(2) added (1.1.1994) by 1993 c. 35, s. 271(2); S.I. 1993/3106, art. 4, Sch. 1

F2 S. 8(7)(aa)(ab) inserted by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 116, 118(1)(4), 231(7), 235(6)