Education Act 1996

239 Elections and appointments required for determining initial governors of an elected category: supplementary provisions

(1) Paragraph 7 of Schedule 8 shall apply in relation to the election of a person under section 234 or 237 to hold office as an initial parent governor or an initial teacher governor as it applies in relation to the election of a parent governor or teacher governor to the existing governing body.

(2) Where the authority responsible for election arrangements in relation to a school to which section 234 applies is the local education authority, the existing governing body shall give notice in writing to the authority of the proposed date of publication of the proposals for acquisition of grant-maintained status for the school.

(3) Where the authority responsible for election arrangements in relation to a school to which section 234 or 237 applies is the local education authority, the existing governing body shall notify the authority in writing—

(a) of any election or appointment which appears to them to be required under section 234 or 237 in relation to the proposed governing body, and

(b) (if the number of eligible governors of any category on the existing governing body is for the time being less than the proposed number of initial governors of that category) of any vacancy on the existing governing body for a governor of that category.

(4) Where an election or appointment required for determining a proposed initial governor of any category is held or made at a time when proposals published under section 193 are pending in respect of the school, the existing governing body shall give the Secretary of State notice in writing of the relevant particulars in respect of the person elected or appointed.

(5) Where the Secretary of State is notified of any particulars under subsection (4), he shall modify the proposals by including in them the particulars notified to him (in substitution, where appropriate, for any particulars they supersede).

(6) For the purposes of subsection (4) an election or appointment is required for determining a proposed initial governor of any category if—

(a) it is required under section 234 or 237, or

(b) it is required for filling a vacancy on the existing governing body for a governor of that category and the number of eligible governors of that category on the existing governing body is for the time being less than the proposed number of initial governors of that category.