Education Act 1996

Meetings and proceedings E+W

14 The proceedings of a governing body of a school shall not be invalidated by—

(a) any vacancy among their number, or

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

15 (1) Regulations may make provision (including provision modifying the effect of paragraph 14) as to the meetings and proceedings of governing bodies.

(2) The instrument of government for a school may make provision as to the meetings and proceedings of the school’s governing body.

(3) The provision that may be made under sub-paragraph (1) or (2) includes, in particular, provision—

(a) for the election by the governors of a school of one of their number to be chairman, and one to be vice-chairman, of the governing body;

(b) for the period for which the chairman and vice-chairman are to be elected;

(c) for the establishment by the governing body of committees (which may include persons who are not members of the governing body) and for the constitution, meetings and proceedings of committees so established;

(d) for the delegation of functions of the governing body, in such circumstances as may be specified, to committees established by that body, to any member of that body or to the head teacher;

(e) for the chairman, or such other member of a governing body as may be specified, to have power in specified circumstances to discharge any of the governing body’s functions as a matter of urgency; and

(f) as to the quorum required for the purposes of making appointments of parent governors in accordance with any provision made by virtue of section 81 or when business is transacted by governors of a particular category.

(4) In sub-paragraph (3) “specified” means specified in regulations or the instrument of government (as the case may be).

16 (1) No decision of a kind mentioned in sub-paragraph (2) which is taken at a meeting of the governing body of an aided or special agreement school shall have effect unless it is confirmed at a second meeting of the governing body held not less than 28 days after the first.

(2) The decisions in question are—

(a) any decision that would result in—

(i) the submission of any proposals under section 41 (alteration etc. of school), or

(ii) a transfer of the school to a new site in circumstances falling within section 41(3), or

(iii) the submission of any proposals under section 51 (division of school into two or more schools);

(b) any decision—

(i) to request the making of an order under section 46 (establishment of new school in substitution for old) or section 47 (transfer to new site), or

(ii) as to the submissions to be made to the Secretary of State in any consultations under section 46(4) or section 47(3) (transfer to new site);

(c) any decision that would result in an application under section 57 or 58(1) (revocation of order by virtue of which school is aided or special agreement school);

(d) any decision to serve a notice under section 173 (discontinuance of school); and

(e) any decision to make an agreement under Schedule 6 (transfer to local education authority of interests in school premises on school changing to county school).