2(1)An appeal pursuant to arrangements made by the governors of an aided or special agreement school under section 7(2) of this Act shall be to an appeal committee constituted in accordance with this paragraph.
[F1(2)An appeal committee shall consist of—
(a)one person nominated by the governors from among persons who are eligible to be lay members; and
(b)two, four or six other members nominated by the governors from among persons appointed by them under this paragraph.
(2A)The governors shall not nominate under sub-paragraph (2)(a) above a person who falls within sub-paragraph (3)(a) or (b) below or is employed by the local education authority by which the school is maintained.
(2B)Sufficient persons may be appointed by the governors to enable two or more committees to sit at the same time.]
(3)The persons appointed [F2by the governors]—
(a)may include one or more of the governors;
(b)shall include persons appointed from a list drawn up by the local education authority by whom the school is maintained; and
(c)shall not include any person employed by the authority otherwise than as a teacher.
[F3(4)In an appeal committee—
(a)three members shall be nominated from among those mentioned in sub-paragraph (3)(b) above, in the case of a committee consisting of seven members;
(b)two members shall be so nominated, in the case of a committee consisting of five members; and
(c)one member shall be so nominated, in the case of a committee consisting of three members.]
(5)None of the governors shall be chairman of an appeal committee.
(6)A person shall not be a member of an appeal committee for the consideration of any appeal against a decision if he was among those who made the decision or took part in discussions as to whether the decision should be made.
(7)A person who is a teacher at a school shall not be a member of an appeal committee for the consideration of an appeal involving a question whether a child is to be admitted to that school.
Textual Amendments
F1Sch. 2 para. 2(2)(2A)(2B) substituted (1.1.1994) for para. 2(2) by 1993 c. 35, s. 266, Sch. 16 para 3(1)(with s. 307, Sch. 20 para. 6); S.I. 1993/3106, art. 4, Sch. 1
F2Words in Sch. 2 para. 2(3) inserted (1.1.1994) by 1993 c. 35, s. 266, Sch. 16 para. 3(2)(with s. 307, Sch. 20 para. 6); S.I. 1993/3106, art. 4, Sch.1
F3Sch. 2 para. 2(4) substituted (1.1.1994) by 1993 c. 35, s. 266, Sch. 16 para. 3(3), (with s. 307, Sch. 20 para. 6); S.I. 1993/3106, art. 4, Sch. 1