Education Act 2002

19 Governing bodies E+W

(1) Each maintained school shall have a governing body, which shall be a body corporate constituted in accordance with regulations.

(2) Regulations shall provide for a governing body to consist of—

(a) persons elected or appointed as parent governors,

(b) persons elected or appointed as staff governors,

(c) persons appointed as local education authority governors,

(d) except in the case of a voluntary aided school, persons appointed as community governors,

(e) in the case of a foundation school, a foundation special school or a voluntary school, persons appointed as foundation governors or partnership governors, and

(f) such other persons as may be prescribed.

(3) Regulations may make provision as to—

(a) the number of governors, or of governors falling within any category,

(b) the person or persons by whom, and the manner in which, governors are to be elected or appointed,

(c) eligibility for election or appointment as governors of any category, or for voting in an election of such governors,

(d) the term of office of governors,

(e) resignation or removal from office of governors,

(f) the payment of allowances to governors,

(g) meetings and proceedings of governing bodies,

(h) the election by the governors of a chairman and vice chairman of the governing body,

(i) the establishment by a governing body of committees,

(j) the appointment of persons other than governors to serve on committees of governing bodies,

(k) the delegation of functions by governing bodies, and

(l) other matters relating to the constitution or procedure of governing bodies.

(4) Regulations made by virtue of subsection (3)(a) must secure that the majority of the governors of a voluntary aided school are persons appointed as foundation governors.

(5) Subsection (3)(k) has effect subject to the provisions of any scheme under section 48 of the School Standards and Framework Act 1998 (c. 31) (local education authorities’ financial schemes) which relates to the school.

(6) Schedule 1 (which contains general provisions relating to the governing body as a body corporate) shall have effect.

(7) In discharging any function conferred by regulations under this section, a local education authority or the governing body of a maintained school shall have regard to any guidance given from time to time—

(a) in relation to England, by the Secretary of State, or

(b) in relation to Wales, by the National Assembly for Wales.

(8) Subsection (1) has effect subject to section 24; and regulations under this section may include provision with respect to the governing bodies of federations.

Modifications etc. (not altering text)

C1 S. 19(1) excluded (31.3.2004) by The Blackburn with Darwen (Maintained Nursery School Governance) Order 2004 (S.I. 2004/657), arts. 1(1), 2(a)

Commencement Information

I1 S. 19(6) in force at 1.10.2002 for E. by S.I. 2002/2439, art. 3 (with transitional provisions and savings in art. 4, Sch.)

I2 S. 19(1) in force at 1.9.2003 except in relation to W. by S.I. 2003/1667, art. 4 (with Sch. para. 4)

I3 S. 19(1)-(5)(7) in force at 31.10.2005 for W. by S.I. 2005/2910, art. 4, Sch.

I4 S. 19(2)-(5)(7) in force at 1.3.2003 except in relation to W. by S.I. 2003/124, art. 2

I5 S. 19(6) in force at 1.9.2003 for specified purposes for W. by S.I. 2003/1718, art. 5, Sch. Pt. II

I6 S. 19(6) in force at 31.10.2005 for W. so far as not already in force by S.I. 2005/2910, art. 4, Sch.

I7 S. 19(8) in force at 1.4.2003 for specified purposes except in relation to W. by S.I. 2003/124, art. 4

I8 S. 19(8) in force at 1.9.2003 so far as not already in force except in relation to W. by S.I. 2003/1667, art. 4