Education Act 1996

128 Procedure for making and altering articles of government

(1) Before making an order under section 127, a local education authority shall consult the governing body and the head teacher of the school concerned.

(2) Before making an order under section 127 in respect of a voluntary school, a local education authority shall also—

(a) secure the agreement of the governing body to the terms of the proposed order; and

(b) have regard to the way in which the school has been conducted.

(3) Where the governing body of a county, voluntary or maintained special school make a proposal to the local education authority for the alteration of the provision made by the articles of government for the school, the authority shall consider their proposal.

(4) Where a local education authority—

(a) propose to make an order under section 127 but cannot secure any agreement required by subsection (2), or

(b) refuse, in the case of a voluntary school, to make such an order in response to a proposal of a kind mentioned in subsection (3),

the authority or (as the case may be) the governing body may refer the matter to the Secretary of State.

(5) On a reference to him under subsection (4), the Secretary of State shall give such direction as he thinks fit having regard, in particular, to the status of the school as a controlled, aided or (as the case may be) special agreement school.

(6) Where it appears to the Secretary of State—

(a) that an order, or proposed order, under section 127 is in any respect inconsistent with the provisions of any trust deed relating to the school, and

(b) that it is expedient in the interests of the school that the provisions of the trust deed should be modified for the purpose of removing the inconsistency,

he may by order make such modifications in the trust deed as appear to him to be just and expedient for that purpose.

(7) References in this section to an order, or proposed order, under section 127 are references to an order, or proposed order, under that section embodying or varying the articles of government for a school.