Education Act 1996

Section 285.

SCHEDULE 25 E+W Core governors for groups

Introductory E+W

1 E+W The provision made for core governors in the instrument of government for the governing body of a group must be in accordance with this Schedule.

Kinds of core governor E+W

2 (1) Core governors may be either— E+W

(a) appointed by the governing body, or

(b) externally appointed.

(2) Externally appointed core governors may be either—

(a) appointed in respect of a particular school in the group, being a school—

(i) which was a voluntary school immediately before it became grant-maintained, or

(ii) which was established in pursuance of proposals published under section 212, or

(b) where the group consists only of such schools, appointed in respect of the group otherwise than by the governing body.

(3) A person appointed as mentioned in sub-paragraph (2)(a) must be appointed by the persons named in the instrument of government for the group as being entitled to appoint externally appointed core governors in respect of the school.

(4) A person appointed as mentioned in sub-paragraph (2)(a) must be appointed—

(a) (where any statement annexed to the proposals in pursuance of which the school became a grant-maintained school described the religious character of the school) for the purpose of securing that, subject to any change in the character of the school which may be authorised by or under Part III, the religious character of the school is such as was indicated in the statement, and

(b) (where there is a trust deed relating to the school) for the purpose of securing that the school is conducted in accordance with the deed.

(5) Core governors, other than externally appointed core governors appointed in respect of particular schools in the group, must be appointed from among persons who appear to the person making the appointment to be committed to the good government and continuing viability of all the schools in the group.

(6) A person who is a member of the teaching or other staff at any of the schools in the group is disqualified from holding office as a core governor, other than an externally appointed core governor.

Groups consisting only of former voluntary schools or section 212 schools E+W

3 (1) This paragraph applies in the case of such a group as is mentioned in paragraph 2(2)(b). E+W

(2) The minimum number of externally appointed core governors (referred to in this paragraph as “MN”) is one greater than the number of governors other than externally appointed core governors.

(3) Any head teacher of a school in the group who has chosen not to be a governor shall be counted as one for the purposes of sub-paragraph (2).

(4) In respect of each school in the group there must be the same number of externally appointed core governors.

(5) The total number of externally appointed core governors in respect of schools in the group must not be less than the highest number, not exceeding MN, that is consistent with sub-paragraph (4).

Other groups E+W

4 (1) This paragraph applies in the case of a group other than such a group as is mentioned in paragraph 2(2)(b). E+W

(2) If any school in the group falls within paragraph 2(2)(a), one externally appointed governor must be appointed in respect of that school.

(3) The appropriate number of the core governors must (on the date or dates on which they respectively take office) be parents of registered pupils at schools in the group, and the appropriate number of the core governors must (on the date or dates on which they respectively take office) be members of the local community; but one person may satisfy both requirements.

(4) In sub-paragraph (3) “the appropriate number” means not less than two or, if all but one of the schools in the group fall within paragraph 2(2)(a), at least one.

(5) In appointing core governors, the governing body must secure that those governors include persons appearing to the governing body to be members of the local business community (and such persons may also satisfy one or both of the requirements of sub-paragraph (3)).

(6) The number of core governors must be such number, not being—

(a) less than five, or

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

as will secure that they and the parent governors outnumber the other governors.

(7) Any head teacher of a school in the group who has chosen not to be a governor shall be counted as one for the purposes of sub-paragraph (6).