Education Act 1996

235 Section 234: supplementary provisions

(1) Subject to subsection (2), where the members of the existing governing body of a school to which section 234 applies include a person—

(a) who holds office as a governor of an elected category, and

(b) whose term of office is due to come to an end before the date of implementation of the proposals or at any time within the period of six months beginning with that date,

the governing body may by notice in writing to that person terminate his term of office on a date specified in the notice.

(2) The governing body may only terminate a person’s term of office under subsection (1) if—

(a) his term of office is due to come to an end after the proposed date of publication of the proposals, or

(b) it would not in their view be reasonably practicable, in the time available between the date on which his term of office is due to come to an end and the proposed date of publication of the proposals, to fill the vacancy by the procedure applicable under Chapter IV of Part II.

(3) Without prejudice to paragraph 11(1) of Schedule 8 (instrument of government for county, controlled or maintained special school to provide for four-year term of office for governors other than ex officio governors), the term of office of a person elected or appointed in accordance with the requirements of Chapter IV of Part II, and any requirements of the instrument of government of the school to fill a vacancy arising by virtue of subsection (1), shall be four years.

(4) Where any such election or appointment as is referred to in section 234(2) is held or made on or after the date of publication of the proposals, the existing governing body shall publish, at such time and in such manner as may be prescribed, notice of the election or appointment.