Education Act 1996

83Adjustment in number of governors

(1)Where—

(a)a county, controlled or maintained special school has more governors of a particular category than are provided for by the instrument of government for the school, and

(b)the excess is not eliminated by the required number of governors of that category resigning,

such number of governors of that category as is required to eliminate the excess shall cease to hold office.

(2)The governors who are to cease to hold office shall be selected on the basis of seniority, the longest-serving governor being the first to be selected, and so on.

(3)Where it is necessary for the purposes of subsection (2) to select one or more governors from a group of equal seniority, it shall be done by drawing lots.

(4)Subsections (2) and (3) do not apply in relation to foundation governors.

(5)The instrument of government for a controlled school shall make provision for the procedure to be adopted whenever subsection (1) requires a foundation governor to cease to hold office.