School Inspections Act 1996 (repealed)

27 Appointment of additional governors. E+W

(1) If at any time—

(a) this section applies in relation to any county, controlled or maintained special school, and

(b) the conditions in subsection (2) are satisfied,

the local education authority may appoint such number of additional governors as they think fit.

(2) Those conditions are that—

(a) a copy of a statement prepared—

(i) (in the case of a school not having a delegated budget) under section 17, and

(ii) (in any other case) under section 18,

has been sent to the Secretary of State;

(b) the local education authority have received a notice in writing in which the Secretary of State acknowledges receipt of the copy; and

(c) a period of not less than ten days has elapsed since the date of the notice.

(3) The Secretary of State may in respect of any particular school determine that subsection (2)(c) above shall have effect as if the reference to ten days were to such shorter period as he may determine.

(4) In relation to any appointment made by the local education authority by virtue of subsection (1) to the governing body of a school—

(a) the instrument of government for the school, or

(b) if the governing body of the school are constituted in accordance with arrangements under section 96 or 97 of the M1 Education Act 1996 (temporary governing bodies for new schools), those arrangements,

shall have effect as if, notwithstanding subsection (1) or (2) of section 79 of that Act (governing bodies for county schools, etc.), the instrument or, as the case may be, arrangements authorised the local education authority to appoint such number of additional governors as they think fit.

(5) If at any time—

(a) this section applies in relation to an aided or special agreement school, and

(b) the conditions in subsection (6) are satisfied,

the appropriate appointing authority may appoint such number of additional foundation governors as they think fit.

(6) Those conditions are—

(a) that a period of not less than ten days has elapsed since the expiry of—

(i) (in the case of a school not having a delegated budget) the period prescribed for the purposes of section 17(3), or

(ii) (in any other case) the period allowed under section 18(3) for preparing a statement under section 18, and

(b) that the Secretary of State has received a copy of a statement prepared—

(i) (in the case of a school not having a delegated budget) under section 17, or

(ii) (in any other case) under section 18,

and has served notice in writing on the appropriate appointing authority stating that the power conferred by subsection (5) is exercisable.

(7) The Secretary of State may by notice in writing served on the appropriate appointing authority determine that subsection (6)(a) shall have effect as if the reference to ten days were to such shorter period as he may determine.

(8) In the case of any appointment made by virtue of subsection (5) to the governing body of a school—

(a) the instrument of government for the school, or

(b) if the governing body are constituted in accordance with arrangements under section 97 of the M2 Education Act 1996, those arrangements,

shall have effect as if, notwithstanding section 84(2) of that Act (foundation governors for aided and special agreement schools), the instrument or, as the case may be, arrangements authorised the appropriate appointing authority to appoint such number of additional foundation governors as they think fit.

(9) Subject to subsection (10), references in this section to the appropriate appointing authority in relation to any aided or special agreement school are references—

(a) to the appropriate diocesan authority, if it is a Church of England School, Church in Wales school or Roman Catholic Church school; or

(b) in any other case, to the person who appoints the foundation governors.

(10) Where, in the case of any aided or special agreement school not falling within subsection (9)(a) there are different powers to appoint foundation governors, references in this section (excluding subsections (6) and (7)) to the appropriate appointing authority are references—

(a) to all those persons who have any such power acting jointly, or

(b) if they are unable to agree, to such of them acting jointly, or such one of them, as the Secretary of State may, after consulting all those persons, determine.

Marginal Citations

M1 1996 c. 56.

M2 1996 c. 56.