Education Act 1996

220 Subsequent instruments of government

(1) The Secretary of State may—

(a) if the governing body of a grant-maintained school submit a draft of an instrument of government to have effect in place of their existing instrument, by order make a new instrument of government in terms of the draft or in such terms as he thinks fit, and

(b) if such a governing body submit draft modifications—

(i) of an instrument made under paragraph (a), or

(ii) of an instrument of government made under section 57(1)(a) of the [1993 c. 35.] Education Act 1993 or Chapter IV of Part I of the [1988 c. 40.] Education Reform Act 1988 which has effect (by virtue of Schedule 39 to this Act) as if made under paragraph (a),

by order modify the instrument concerned in terms of the draft or in such terms as he thinks fit;

but he shall not make a new instrument otherwise than in terms of the draft, or modify the instrument otherwise than in terms of the draft, unless he has consulted the governing body.

(2) No order may be made under subsection (1) in respect of a school having foundation governors unless the governing body have consulted—

(a) the person who appoints the foundation governors, and

(b) in the case of a Church of England, Church in Wales or Roman Catholic Church school, the appropriate diocesan authority (if different).

(3) The Secretary of State may by order modify the instrument of government for the governing body of any grant-maintained school.

(4) An order under subsection (3)—

(a) may relate to all grant-maintained schools, to any category of such schools specified in the order or to any such school so specified, but

(b) shall not be made unless the Secretary of State has consulted—

(i) the governing body of each grant-maintained school to which the order relates,

(ii) (if the order relates only to a school having foundation governors) the person who appoints them and, if it is a Church of England, Church in Wales or Roman Catholic Church school, the appropriate diocesan authority (if different), and

(iii) (if the order relates to two or more schools and any of the schools are Church of England, Church in Wales or Roman Catholic Church schools having foundation governors) a body appearing to the Secretary of State to be representative of the church in question in matters relating to the provision of education in grant-maintained schools having foundation governors.

(5) Where, by reason of the making of a new instrument, or the modification of an instrument, under this section the number of governors of any category will (unless the required number of governors of that category resign) exceed the number provided for in the instrument, the new instrument or, as the case may be, the instrument as modified shall provide—

(a) for such number of governors of that category as is required to eliminate the excess to cease to hold office, and

(b) for the selection of those who are to cease to hold office.