Education and Inspections Act 2006

64 Power of [F1 local authority] etc. to appoint additional governors E+W

(1) If at any time a maintained school is eligible for intervention, then (subject to [F2 subsection (2)]) the [F3 local authority] may appoint such number of additional governors as they think fit.

F4 (1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) Where the school is eligible for intervention by virtue of section 60 (school subject to [F5 performance standards and safety warning) or 60A (school subject to teachers' pay and conditions warning)], the power conferred by subsection (1) is only exercisable within the period of two months following the end of the compliance period (as defined by [F6 section 60(1)(b)] [F7 or as the case may be [F8 section 60A(1)(b)]]).

(3) In relation to any appointment made by the [F3 local authority] by virtue of subsection (1) to the governing body of a school, the instrument of government for the school has effect as if (despite anything in regulations under section 19 of EA 2002) it provided for the [F3 local authority] to appoint such number of additional governors as they think fit.

(4) If at any time—

(a) a voluntary aided school other than one falling within section 61 or 62 is eligible for intervention by virtue of section 60 (school subject to [F9 performance standards and safety warning) or 60A (school subject to teachers' pay and conditions warning)], and

(b) the [F3 local authority] have exercised their power to appoint additional governors under subsection (1),[F10 and]

[F10 (c) the Secretary of State has not exercised the power under section 67 in connection with the same warning notice,]

the appropriate appointing authority may appoint such number of additional foundation governors as is equal to the number of additional governors appointed by the authority.

(5) Any additional foundation governors appointed under subsection (4)—

(a) shall cease to hold office at the time when the additional governors appointed by the authority cease to do so; and

(b) shall not be eligible for re-appointment except where, and to the extent that, those governors are re-appointed.

(6) If at any time—

(a) a voluntary aided school is eligible for intervention by virtue of section 61 (school requiring significant improvement) or section 62 (school requiring special measures),

(b) the Secretary of State has not exercised his power under section 67 (power to appoint additional governors) in connection with the same inspection falling within section 61(a) or 62(a),

(c) the Secretary of State has not exercised his power under section 68 (power to direct closure of school), and

(d) the appropriate appointing authority have received a notice in writing from the Secretary of State informing them that he has received a notice under section 13(3)(a) of EA 2005 from the Chief Inspector,

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

(7) In the case of any appointment made by virtue of subsection (4) or (6) to the governing body of a school, the instrument of government for the school has effect as if (despite anything in regulations under section 19 of EA 2002) the instrument provided for the appropriate appointing authority to appoint such number of additional foundation governors as they are authorised to appoint under subsection (4) or (6) (as the case may be).

(8) Subject to subsection (9), references in this section to the appropriate appointing authority in relation to any voluntary aided school are references—

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

(b) in any other case, to the person or persons by whom the foundation governors are appointed.

(9) Where, in the case of any voluntary aided school not falling within subsection (8)(a), there are different powers to appoint foundation governors, references in this section 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.

Textual Amendments

F1 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), Sch. 2 para. 14(3)

F2 Words in s. 64(1) substituted (18.4.2016) by Education and Adoption Act 2016 (c. 6), ss. 6(2)(a), 19(2); S.I. 2016/466, reg. 2

F3 Words in Pts. 1-7 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. 14(2)

F4 S. 64(1A) omitted (18.4.2016) by virtue of Education and Adoption Act 2016 (c. 6), ss. 6(2)(b), 19(2); S.I. 2016/466, reg. 2

F5 Words in s. 64(2) substituted (12.1.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 13 para. 6(4)(a); S.I. 2009/3317, art. 2, Sch.

F6 Words in s. 64(2) substituted (18.4.2016) by Education and Adoption Act 2016 (c. 6), ss. 2(4), 19(2); S.I. 2016/466, reg. 2 (with reg. 4(1))

F7 Words in s. 64(2) inserted (12.1.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 13 para. 6(4)(b); S.I. 2009/3317, art. 2, Sch.

F8 Words in s. 64(2) substituted (18.4.2016) by Education and Adoption Act 2016 (c. 6), ss. 3(3), 19(2); S.I. 2016/466, reg. 2 (with reg. 4(2))

F9 Words in s. 64(4)(a) substituted (12.1.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 13 para. 6(5)(a); S.I. 2009/3317, art. 2, Sch.

F10 S. 64(4)(c) and word inserted (12.1.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 13 para. 6(5)(b); S.I. 2009/3317, art. 2, Sch.

Commencement Information

I1 S. 64 in force at 1.4.2007 by S.I. 2007/935, art. 5(j)