Education Act 1980

Part I E+W Constitution of Appeal Committees

Modifications etc. (not altering text)

C1 Sch. 2 Pt. I applied with modifications by Education (No. 2) Act 1986 (c. 61, SIF 41:1), s. 26(4), Sch. 3 para. 4

1 (1) An appeal pursuant to arrangements made by a local education authority under section 7(1) 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 authority from among persons who are eligible to be lay members; and

(b) two, four or six other members nominated by the authority from among persons appointed by the authority under this paragraph.

(2A) The authority shall not nominate a person under sub-paragraph (2)(a) above if he could be appointed by them under sub-paragraph (3)(a) below or is employed by them.

(2B) Sufficient persons may be appointed by the authority to enable two or more committees to sit at the same time.]

(3) The persons appointed [F2 by the authority] shall comprise—

(a) members of the authority or of any education committee of the authority; and

(b) persons who are not members of the authority or of any education committee of the authority but who have experience in education, are acquainted with the educational conditions in the area of the authority or are parents of registered pupils at a school;

but shall not include any person employed by the authority otherwise than as a teacher.

(4) The members of an appeal committee who are members of the authority or of any education committee of the authority shall not outnumber the others [F3 by more than one.]

[F4 (5) A person who is a member of the authority or employed by the authority shall not 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

F1 Sch. 2 para 1(2)(2A)(2B) substituted (1.1.1994) for para. 1(2) by 1993 c. 35, s. 266, Sch. 16 para. 2(1) (with s. 307(2), Sch. 20 para. 6); S.I. 1993/3106, art. 4, Sch.1

F2 Words in Sch. 2 para. 1(3) inserted (1.1.1994) by 1993 c. 35, s. 266, Sch. 16 para. 2(2) (with s. 307(2),6 Sch. 20 para. 6);S.I. 1993/3106, art. 4, Sch. 1

F3 Words in Sch. 2 para. 1(4) repealed by 1993 c. 35, ss. 266, 307(3), Sch. 16 para. 2(3), Sch. 21 Pt.II (with s. 307, Sch. 20 para. 6); (Sch. 16 of that Act, by virtue of which the specified words were omitted, was brought into force on 1.1.1994 by S.I. 1993/3106, art. 4, Sch. 1; the repeal of the specified words was expressed to be brought into force on 1.4.1994 by S.I. 1994/507, art. 4, Sch. 2, Appendix).

F4 Sch. 2 para. 1(5) substituted (1.1.1994) by 1993 c. 35, s. 266, Sch. 16 para. 2(4)(with s. 307, Sch. 20 para. 6);S.I. 1993/3106, art. 4, Sch.1

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.

[F5 (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 [F6 by 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.

[F7 (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

F5 Sch. 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

F6 Words 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

F7 Sch. 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

3 An appeal pursuant to joint arrangements made by virtue of section 7(3) of this act by the governors of two or more schools shall be to an appeal committee consituted as provided in paragraph 2 above, taking references to the governors as references to the governors of both or all the schools.

4 An appeal committee constituted in accordance with paragraph 2 or 3 above shall be included in the bodies to which sections F8 . . . 174 of the M1 Local Government Act 1972 (allowances) apply.

Textual Amendments

F8 Words in Sch. 2 para. 4 repealed (1. 4. 1991) by Local Government and Housing Act 1989 (c. 42, SIF 81:1), s. 194(4), Sch. 12 Pt. II; S.I. 1991/344, art. 3(2)(b)(iii), (with savings in art. 3(2), Sch. 1 para. 1(1))

Marginal Citations

M1 1972 c. 70.

[F9 Lay Members] E+W

Textual Amendments

F9 Sch. 2 para. 4A inserted (1.1.1994) by 1993 c. 35, 266, 307, Sch. 16, para. 4 (with s. 307(2), Sch. 20 para. 6); S.I. 1993/3106, art. 4, Sch. 1

[F10 4A (1) A person is eligible to be a lay member for the purposes of paragraphs 1(2)(a) and 2(2)(a) above if—

(a) he is a person without personal experience in the management of any school or the provision of education in any school (otherwise than as a governor or in any other voluntary capacity), and

(b) he satisfies the conditions specified in sub-paragraph (2) below.

(2) Those conditions are—

(a) in the case of a person to be nominated as a lay member for the purposes of paragraph 1(2)(a) above, that he does not have, or has not at any time had, any connection with—

(i) the local education authority in question, or

(ii) any person who is a member of, or employed by, that authority,

of a kind which might reasonably be taken to raise doubts about his ability to act impartially in relation to the authority, and

(b) in the case of a person to be nominated as a lay member for the purposes of paragraph 2(2)(a) above, that he does not have, or has not at any time had, any connection with—

(i) the school in question, or

(ii) any person who is a member of, or employed by, the governing body of that school,

of a kind which might reasonably be taken to raise doubts about his ability to act impartially in relation to the school.]

Textual Amendments

F10 Sch. 2 para. 4A inserted (1.1.1994) by 1993 c. 35, s. 266, Sch. 16, para. 4(with s. 307(2), Sch. 20, para. 6); S.I. 1993/3106, art. 4, Sch. 1