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.

[F1 (1A) Regulations must provide for a governing body of a maintained school in England to consist of—

(a) persons elected or appointed as parent governors,

(b) the head teacher of the school,

(c) a person elected as a staff governor,

(d) a person appointed as a local authority governor,

(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.]

(2) Regulations shall provide for a governing body [F2 of a maintained school in Wales] to consist of—

(a) persons elected or appointed as parent governors,

(b) persons elected or appointed as staff governors,

(c) persons appointed as [F3 local authority] governors,

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

(e) in the case of a foundation schoolF4 ... 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.

[F5 (4A) Regulations made by virtue of subsection (3)(c) in relation to a maintained school in England may include provision for eligibility criteria for the school's local authority governor to be such as may be specified by the school's governing body.

(4B) Regulations made by virtue of subsection (3)(e) in relation to a maintained school in England may include provision allowing the head teacher of the school to resign from office as a governor (and to withdraw any such resignation).]

(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) ( [F6 local 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 [F3 local 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) [F7 In relation to maintained schools in England,] subsection (1) has effect subject to section 24; and regulations under this section may include provision with respect to the governing bodies of federations.

[F8 (9) In relation to maintained schools in Wales, subsection (1) has effect subject to Chapter 1 of Part 2 of the Education (Wales) Measure 2011; and regulations under this section may include provision with respect to the governing bodies of federations (within the meaning of section 21(1) of that Measure).]

Textual Amendments

F1 S. 19(1A) inserted (1.9.2012) by Education Act 2011 (c. 21), ss. 38(2), 82(3); S.I. 2012/1087, art. 3 (with art. 5)

F2 Words in s. 19(2) inserted (1.9.2012) by Education Act 2011 (c. 21), ss. 38(3), 82(3); S.I. 2012/1087, art. 3 (with art. 5)

F3 Words in Act substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 11(2)

F4 Words in s. 19(2)(e) omitted (1.10.2013) by virtue of School Standards and Organisation (Wales) Act 2013 (anaw 1), s. 100(4), Sch. 5 para. 21(2); S.I. 2013/1800, art. 3(j)

F5 S. 19(4A)(4B) inserted (1.9.2012) by Education Act 2011 (c. 21), ss. 38(4), 82(3); S.I. 2012/1087, art. 3 (with art. 5)

F6 Words in Act substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 11(3)

F7 Words in s. 19(8) inserted (28.4.2014) by Education (Wales) Measure 2011 (nawm 7), ss. 19(2)(a), 33(2); S.I. 2014/1066, art. 2

F8 S. 19(9) inserted (28.4.2014) by Education (Wales) Measure 2011 (nawm 7), ss. 19(2)(b), 33(2); S.I. 2014/1066, art. 2

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)

C2 S. 19(6) applied (1.2.2008) by The Education (Pupil Referral Units) (Application of Enactments) (England) Regulations 2007 (S.I. 2007/2979), reg. 1(1), Sch. 1 para. 11

Commencement Information

I1 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)

I2 S. 19(1)-(5)(7) in force at 31.10.2005 for W. by S.I. 2005/2910, art. 4, Sch.

I3 S. 19(2)-(5)(7) in force at 1.3.2003 except in relation to W. by S.I. 2003/124, art. 2

I4 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.)

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

I9 S. 19(8) in force at 12.4.2010 for W. by S.I. 2010/707, art. 3(a)