Education (No. 2) Act 1986

1986 c. 61

An Act to amend the law relating to education.

[7th November 1986]

C1 C2 I1 E1 C3 C4 E2 C5Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Annotations:

Commencement Information

Act partly in force at Royal Assent, see s.66; Act wholly in force at 1.9.1987

Extent Information

Except for certain provisions this Act extends only to England and Wales see s. 67(7)

The extent provision of this Act was amended (1.11.1996) by 1996 c. 56, ss. 582(1), 583(2), Sch. 37 Pt. I para. 66 (with ss. 561, 562, Sch. 39); see s. 67

Modifications etc. (not altering text)

Act amended by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 163(1), 231(7), 235(6)

Act modified by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 231(7), 235(6), 236(2)(a)

Act applied (with modifications) (1.1.1994) by 1993 c. 35, ss. 238, 239, Sch. 13 para.7(2)(a); S.I. 1993/3106, art. 4, Sch.1

Act explained (21.9.1994) by 1994 c. 30, s. 19(4); S.I. 1994/2204, art. 2(1)

Act: certain functions transferred (1.7.1999) by S.I. 1999/672, art. 2, Sch.1

section 9 (which provides for two or more schools to be grouped under a single governing body in certain circumstances); and

b

section 12 (which provides for certain existing, or proposed, schools to have temporary governing bodies pending the constitution of governing bodies under instruments of government).

C82 Procedure in relation to making etc. of instruments and articles. C7

1

Before making any order under section 1 of this Act, a local education authority shall consult the governing body and the head teacher of the school concerned.

2

Before making any such order in respect of a voluntary school, a local education authority shall—

a

secure the agreement of the governing body to the terms of the proposed order;

b

if it embodies or varies an instrument of government, secure the agreement of the foundation governors to any provisions which are of particular concern to those governors; and

c

have regard to the way in which the school has been conducted.

that an order, or proposed order, under section 1 is in any respect inconsistent with the provisions of any trust deed relating to the school; and

b

that it is expedient in the interests of the school that the provisions of the trust deed should be modified for the purpose of removing the inconsistency;

he may by order make such modifications in the trust deed as appear to him to be just and expedient for that purpose.

Part II School Government

7

Where the head teacher is a governor he shall be treated for all purposes as being an ex officio governor.

4 Governing bodies for aided and special agreement schools.

1

This section applies in relation to any aided or special agreement school.

2

The instrument of government for such a school shall provide for the governing body to include—

a

at least one governor appointed by the local education authority;

b

in the case of a school which is a primary school serving an area in which there is a minor authority, at least one governor appointed by the authority;

c

foundation governors;

d

at least one parent governor;

e

in the case of a school which has less than 300 registered pupils, at least one teacher governor;

f

in the case of a school which has 300 or more registered pupils, at least two teacher governors; and

g

the head teacher, unless he chooses not to be a governor.

C103

The instrument of government for such a school shall provide—

a

for such number of foundation governors as will lead to their outnumbering the other governors—

i

by two, if the governing body of the school will consist of eighteen or fewer governors; and

ii

by three, if it will consist of more than eighteen governors; and

b

for at least one of the foundation governors to be (at the time of his appointment) a parent of a registered pupil at the school.

4

Where the head teacher of such a school has chosen not to be a governor, he shall nevertheless be counted as one for the purposes of calculating the required number of foundation governors.

5

Subject to subsection (3) above, nothing in this section shall be taken to prevent the instrument of government for such a school from providing for the governing body to include governors in addition to those required by virtue of this section.

6

Where the head teacher is a governor he shall be treated for all purposes as being an ex officio governor.

4AF11Sponsor governors for aided secondary schools.

7

Where in pursuance of this section the instrument of government for a school names a person as a sponsor of the school, section 4(3)(a) of this Act shall have effect as if it required the instrument to provide for such number of foundation governors as will lead to their outnumbering the other governors by two.

8

In this section “direction” means a direction contained in an order made by the Secretary of State; but section 63(1) of this Act shall not apply to the power of the Secretary of State to make orders under this section.

Governing bodies

3 Governing bodies for county, controlled and maintained special schools.

1

This section applies in relation to any county, controlled or maintained special school.

2

a

two parent governors;

C9b

two governors appointed by the local education authority;

c

one teacher governor;

d

the head teacher, unless he chooses not to be a governor; and

e

either—

i

two foundation governors and one co-opted governor, in the case of a controlled school; or

ii

three co-opted governors, in any other case.

3

a

three parent governors;

C9b

three governors appointed by the local education authority;

c

one teacher governor;

d

the head teacher, unless he chooses not to be a governor; and

e

either—

i

three foundation governors and one co-opted governor, in the case of a controlled school; or

ii

four co-opted governors, in any other case.

4

a

four parent governors;

C9b

four governors appointed by the local education authority;

c

two teacher governors;

d

the head teacher, unless he chooses not to be a governor; and

e

either—

i

four foundation governors and one co-opted governor, in the case of a controlled school; or

ii

five co-opted governors, in any other case.

5

The instrument of government for such a school which has more than 599 registered pupils shall, subject to section 7, provide for the governing body to consist of the following (and no others)—

a

five parent governors;

C9b

five governors appointed by the local education authority;

c

two teacher governors;

d

the head teacher, unless he chooses not to be a governor; and

e

either—

i

four foundation governors and two co-opted governors, in the case of a controlled school; or

ii

six co-opted governors, in any other case.

6

7

Where the head teacher is a governor he shall be treated for all purposes as being an ex officio governor.

4 Governing bodies for aided and special agreement schools.

1

This section applies in relation to any aided or special agreement school.

2

The instrument of government for such a school shall provide for the governing body to include—

a

at least one governor appointed by the local education authority;

b

in the case of a school which is a primary school serving an area in which there is a minor authority, at least one governor appointed by the authority;

c

foundation governors;

d

at least one parent governor;

e

in the case of a school which has less than 300 registered pupils, at least one teacher governor;

f

in the case of a school which has 300 or more registered pupils, at least two teacher governors; and

g

the head teacher, unless he chooses not to be a governor.

C103

The instrument of government for such a school shall provide—

a

for such number of foundation governors as will lead to their outnumbering the other governors—

Where, in the opinion of the local education authority, it is likely to be impracticable for there to be elections of parent governors at any maintained special school which is established in a hospital, the instrument of government for that school may provide for the parent governors to be appointed by the other members of the governing body.

4

The instrument of government for any school to which this section applies shall provide for it to be the duty of governors—

a

in appointing any parent governor under any provision made by virtue of this section—

i

to appoint a person who is the parent of a registered pupil at the school, where it is reasonably practicable to do so; and

ii

where it is not, to appoint a person who is the parent of one or more children of compulsory school age;

b

not to appoint any person as a parent governor, under any such provision, if that person is—

i

an elected member of the local education authority;

ii

an employee of the authority or of the governing body of any aided school maintained by the authority F12. . .

in any other case, shall provide for one or (as the case may be) two fewer co-opted governors than would otherwise be provided for.

7

In subsection (6) above, references to co-opted governors are to governors required to be co-opted by virtue of section 3 of this Act and do not include references to co-opted foundation governors.

P18 Governors’ proceedings and tenure of office.

1

The proceedings of the governing body of any county, voluntary or maintained special school shall not be invalidated by—

a

any vacancy among their number; or

b

any defect in the election or appointment of any governor.

2

The instrument of government for every county, controlled and maintained special school shall provide for each governor, other than one who is an ex officio governor, to hold office for a term of four years F14or in the case of governors appointed by a person named in the instrument as a sponsor of the school, for such term (not being less than five nor more than seven years) as may be specified in the instrument.

3

Subsection (2) above shall not be taken to prevent a governor from being elected or appointed for a further term, or from being disqualified, by virtue of regulations made under subsection (6) below, for continuing to hold office.

4

Any governor of a county, voluntary or maintained special school may at any time resign his office.

5

Any foundation governor of a voluntary school, or governor of a county, voluntary or maintained special school appointed otherwise than by being co-opted, may be removed from office by the person or persons who appointed him.

Any order under section 1 of this Act embodying an instrument of government for two or more schools which are grouped under this section shall be deemed to have been revoked—

a

in the case of a group which was established for a specified period, at the end of that period; or

b

on the bringing to an end of the group in accordance with subsection (6) or (7) above.

9

Schedule 1 to this Act shall have effect for the purpose of making further provision in relation to schools grouped under this section.

10 Requirements as to consent to grouping.

1

Before resolving to group any schools under section 9 of this Act, a local education authority shall obtain the consent of the Secretary of State to the proposed grouping unless—

a

the group will consist only of two primary schools both of which serve substantially the same area;

b

neither of the schools is a special school; and

c

where they are in Wales, there is no significant difference between them in their use of the Welsh language.

2

The Secretary of State’s consent may be given subject to such conditions as he sees fit to impose with respect to the duration of the grouping to which his consent is given.

3

Where two primary schools have been grouped under section 9 in circumstances in which the Secretary of State’s consent was not required under subsection (1) above, his consent to their continuing to be so grouped shall be required if a change of circumstances occurs such that a proposal to group those schools under section 9 made after that change would require his consent under that subsection.

4

Where the Secretary of State’s consent is required to the grouping or continued grouping of any schools under section 9, sections 3 to 7 of this Act shall apply in relation to the group subject to such modifications (if any) as he may direct.

5

No local education authority may pass a resolution under section 9 applying to any voluntary school without first obtaining the consent of its governing body.

6

No local education authority may pass a resolution under section 9 applying to any county or maintained special school without first consulting its governing body.

7

Any dispute as to whether, for the purposes of this section—

a

two primary schools are to be regarded as serving substantially the same area; or

b

there is any significant difference between two primary schools in their use of the Welsh language;

shall be determined by the Secretary of State.

Reviews

11 Review of constitution of governing bodies of county, controlled and maintained special schools.

1

The constitution of the governing body of every county, controlled and maintained special school shall be reviewed in accordance with the provisions of this section on, or as soon as is reasonably practicable after, the occurrence of any event which is a relevant event in relation to the school.

2

In this section “relevant event”, in relation to any school, means any of the following—

a

the implementation of any proposal under—

i

section 16(1) of the 1944 Act (transfer of schools to new sites);

ii

section 12(1)(d) of the 1980 Act (alteration of county schools); F20. . .

iii

section 13(1)(b) of the 1980 Act (alteration of voluntary schools); F21or

iv

section 183 of the Education Act 1993 (establishment, etc. of maintained special schools)

which provides for an increase in the number of registered pupils at the school;

F22b

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

c

where no relevant event of a kind mentioned in paragraph (a) F23. . . above has occurred in relation to the school before the fourth anniversary of the date on which the current instrument of government for the school was made, that anniversary;

d

where any relevant event has previously occurred in relation to the school, the fourth anniversary of the latest such event.

3

Any review which is required by virtue of the occurrence of a relevant event of a kind mentioned in paragraph (a)(i), (ii) or F24(iv) of subsection (2) above shall be carried out by the local education authority and any other review which is required by this section shall be carried out by the governing body.

4

Whenever the local education authority or governing body of a school are required to carry out a review under this section they shall consider whether—

a

the governing body are properly constituted;

b

the provision made by the instrument of government for the school is in any respect different from that which a new instrument of government would be required to make.

5

Where the governing body of a school have carried out a review under this section and have established that the provision made by the instrument of government for the school is in one or more respects different from that which a new instrument of government for the school would be required to make, they shall report the fact to the local education authority.

6

Where a relevant event of a kind mentioned in paragraph (a)(i), (ii) or F24(iv) of subsection (2) above has occurred in relation to any school, the local education authority shall determine the date on which, for the purposes of this section, that event is to be taken to have occurred, and shall notify the governing body accordingly.

F257

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Temporary governing bodies

12 Temporary governing bodies for new schools.

1

Where—

a

the Secretary of State has approved, under section 12 or 13 of the 1980 Act F26or section 184 of the Education Act 1993, any proposal of a kind mentioned in subsection (2) below; or

b

Where subsection (2) above has applied in relation to any school but the local education authority or (as the case may be) governing body have subsequently determined that it should cease to apply, subsections (4) and (7) above shall have effect as if a change in the number of registered pupils at the school had occurred at the time when that determination was made.

9

Subsections (6) and (7) above do not apply to aided or special agreement schools.

14 Adjustment in number of governors.

1

Where—

a

any county, controlled or maintained special school has more governors of a particular category than are provided for by the instrument of government for the school; and

b

the excess is not eliminated by the required number of governors of that category resigning;

such number of governors of that category as is required to eliminate the excess shall cease to hold office.

2

The governors who are to cease to hold office shall be selected on the basis of seniority, the longest serving governor being the first to be selected, and so on.

3

Where it is necessary for the purpose of subsection (2) above to select one or more governors from a group of equal seniority, it shall be done by drawing lots.

4

Subsections (2) and (3) above do not apply in relation to foundation governors.

5

The instrument of government for every controlled school shall make provision for the procedure to be adopted whenever subsection (1) above requires any foundation governor to cease to hold office.

No instrument of government for any county, voluntary or maintained special school which provides for one or more persons to be co-opted, by governors, as members of the governing body of the school shall make any provision (otherwise than by virtue of section 6 of this Act) which has the effect of restricting those governors in their choice of person to co-opt.

13

In subsection (12) above, references to co-opted governors are to governors required to be co-opted by virtue of section 3 of this Act and do not include references to co-opted foundation governors.

14

No person shall be qualified for membership of the governing body of any county, voluntary or maintained special school unless he is aged eighteen or over, at the date of his election or appointment.

15

In subsection (6) above, “appropriate authority” means—

a

the local education authority, in the case of a county, controlled or maintained special school; and

b

the governing body, in the case of an aided or special agreement school.

Part III Organisation and Functions

General

16 General responsibility for conduct of certain schools.

1

The articles of government for every county, voluntary and maintained special school shall provide for the conduct of the school to be under the direction of the governing body, but subject to any provision of the articles conferring specific functions on any person other than the governing body, and to the provision made (otherwise than in the articles) by or under this Act or any other enactment.

2

The Secretary of State may by regulations make provision as to the circumstances in which, in any case where—

a

any provision of, or made under, this Act requires the governing body of a school to be consulted before a particular step is taken by the local education authority or the head teacher; and

b

the authority or head teacher require to take that step as a matter of urgency but are unable to contact the chairman or vice-chairman of the governing body;

the authority or (as the case may be) the head teacher may proceed without consulting the governing body.

3

Where a county, voluntary or maintained special school is organised in two or more separate departments, each with a head teacher, any provision made by or under this Act which confers functions on, or in relation to, the head teacher of the school shall, except where the articles of government provide otherwise, have effect as if each department were a separate school.

16A Provision of further education.

1

The governing body of any county, voluntary or maintained special school shall be responsible for determining whether or not to provide—

a

part-time education suitable to the requirements of persons of any age over compulsory school age; or

b

full-time education suitable to the requirements of persons who have attained the age of nineteen years,

but the governing body of a maintained special school shall not determine to provide, or to cease to provide, such education without the consent of the local education authority.

2

It shall be the duty of the governing body of any such school which provides such education to secure that such education is not provided at any time in a room where pupils are at that time being taught except in such circumstances as may be prescribed.

General

16 General responsibility for conduct of certain schools.

1

2

The Secretary of State may by regulations make provision as to the circumstances in which, in any case where—

a

any provision of, or made under, this Act requires the governing body of a school to be consulted before a particular step is taken by the local education authority or the head teacher; and

b

the authority or head teacher require to take that step as a matter of urgency but are unable to contact the chairman or vice-chairman of the governing body;

the authority or (as the case may be) the head teacher may proceed without consulting the governing body.

3 School curriculum

C1617 Duty of local education authority to state policy.

1

It shall be the duty of every local education authority—

a

to determine, and keep under review, their policy in relation to the secular curriculum for the county, voluntary and special schools maintained by them;

b

to make, and keep up to date, a written statement of that policy; . . . F31

c

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F31

2

In discharging their duty under subsection (1) above, an authority shall consider, in particular—

a

the range of the secular curriculum; and

b

the balance between its different components.

3

In carrying out their functions under this Act or any other enactment, a local education authority shall have regard to their policy in relation to the secular curriculum for their schools, as expressed in their statement.

4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F32

C1718 County, controlled and maintained special schools.

C181

The articles of government for every county, controlled and maintained special school shall provide for it to be the duty of the governing body to consider—

a

the policy of the local education authority as to the secular curriculum for the authority’s schools, as expressed in the statement made by the authority under section 17 of this Act;

b

what, in their opinion, should be the aims of the secular curriculum for the school; and

c

i

section 16 of the 1944 Act (transfer of schools to new sites);

ii

section 12 or 13 of the 1980 Act (establishment, alteration and discontinuance of schools); or

iii

3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F38

20F39. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

School terms etc.F40

Annotations:

Amendments (Textual)

F40

S. 21 substituted by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 115, 118(1)(4), 231(7), 235(6)

21 Terms, holidays and sessions.

C191

The articles of government for every county, controlled and maintained special school shall provide for it to be the duty of the local education authority to determine the dates at which the school terms and holidays are to begin and end.

C192

The articles of government for every such school shall provide for it to be the duty of the governing body to determine the times at which the school session or, if there is more than one, each school session is to begin and end on any day and, where the governing body propose to make any change in those times, for it to be their duty—

a

to consult the local education authority and the head teacher before taking any of the actions mentioned in paragraphs (b) to (g) below;

b

to include a statement in the report they are required to prepare by virtue of section 30 of this Act—

i

indicating that they propose to make a change in those times;

ii

specifying the proposed change and when they propose that it should take effect; and

iii

drawing attention to any comment on the proposal included as an annex to the report by virtue of paragraph (c) below and including such response to the comment as they may consider appropriate;

c

if so required by the local education authority, to include as an annex to that report such written comment on the proposal as the authority may provide for that purpose;

d

to provide an opportunity for discussion of the proposal at a parents,; meeting held by virtue of section 31 of this Act;

e

to consider any comments made at the meeting on the proposal before determining whether any change in those times should be made and (if so) whether the proposal should be implemented with or without any modification;

f

not to effect any change in those times except at the beginning of a school year; and

g

not less than three months before any change in those times is to take effect—

i

to inform the local education authority; and

ii

to take such steps as are reasonably practicable to secure that the parents of all registered pupils at the school are informed;

of the change and of when it is to take effect.

3

For the purposes of any provision included in the articles of government for any such school by virtue of subsection (2) above, the times determined by the local education authority immediately before the coming into force of section 115 of the Education Reform Act 1988 as the times at which the school session or, if there is more than one, each school session is to begin and end on any day shall be taken to have been determined by the governing body.

4

The articles of government for every aided and special agreement school shall provide for it to be the duty of the governing body to determine—

a

the dates and times at which the school terms and holidays are to begin and end; and

b

the times at which the school session or, if there is more than one, each school session is to begin and end on any day.

C195

The articles of government for every county, voluntary and maintained special school shall provide for the governing body to have power to require pupils in attendance at the school to attend at any place outside the school premises for the purpose of receiving any instruction or training included in the secular curriculum for the school.

where he excludes any pupil from the school to take (without delay) reasonable steps to inform the pupil, if he is aged eighteen or over, or a parent of his, if he is under eighteen, that the pupil or (as the case may be) parent may make representations about the exclusion to the governing body and the local education authority;

b

for it to be the duty of the head teacher, where he excludes a pupil from the school—

i

for more than five school days (in the aggregate) in any one term; or

ii

in circumstances in which the pupil would, as a result of his exclusion from the school, lose an opportunity to take any public examination;

to inform the local education authority and the governing body (without delay) of the period of the exclusion and of the reasons for it and where he decides that any exclusion of a pupil from the school which was originally for a fixed or indefinite period should be made permanent, to inform them (without delay) of his decision and of the reasons for it.

24 Reinstatement of excluded pupils: county, controlled and maintained special schools. C20

The articles of government for every county, controlled and maintained special school shall provide—

for it to be the duty of the head teacher where he has excluded a pupil from the school—

i

for more than five school days (in the aggregate) in any one term; or

ii

in circumstances in which the pupil would, as a result of his exclusion from the school, lose an opportunity to take any public examination;

to comply with any direction for the reinstatement of the pupil given by the governing body or, in the case of an exclusion for a fixed period, by the governing body or the local education authority;

c

for it to be the duty of the local education authority to consult the governing body before giving any direction by virtue of paragraph (b) above;

d

i

to direct that he be reinstated immediately; or

ii

to direct that he be reinstated within such period as may be specified in the direction;

e

for any direction given by virtue of paragraph (d) above to cease to have effect (without prejudice to any direction given by virtue of any other provision made by the articles in accordance with this section) if the head teacher decides that the exclusion of the pupil concerned should be made permanent;

f

for it to be the duty of the head teacher to comply with any direction given in exercise of the duty imposed on the local education authority by virtue of paragraph (d) above;

g

h

for it to be the duty of the governing body and the local education authority to inform each other and—

i

the pupil concerned, if he is aged eighteen or over; or

ii

a parent of his, if he is under eighteen;

of any direction, of a kind mentioned in this section, which is given by them.

26 Appeals. C22

1

Every local education authority shall make arrangements for enabling—

a

a registered pupil at a county, controlled or maintained special school who is aged eighteen or over, or a parent of his, in the case of a pupil at such a school who is under eighteen, to appeal against any decision not to reinstate the pupil following his permanent exclusion from the school; and

b

any governing body of such a school, the head teacher of which has been directed by the authority to reinstate any registered pupil at the school who has been permanently excluded, to appeal against the direction.

2

The governing body of every aided or special agreement school shall make arrangements for enabling a registered pupil at the school who is aged eighteen or over, or a parent of a pupil at such a school who is under eighteen to appeal against any decision not to reinstate the pupil following his permanent exclusion from the school.

3

Joint arrangements may be made under subsection (2) above by the governing bodies of two or more aided or special agreement schools maintained by the same local education authority.

4

Any appeal by virtue of this section shall be to an appeal committee constituted in accordance with Part I of Schedule 2 to the 1980 Act; and Schedule 3 to this Act shall have effect, in place of Part II of Schedule 2 to the 1980 Act, in relation to any such appeal.

5

The decision of an appeal committee on any such appeal shall be binding on the persons concerned; and where the committee determines that the pupil in question should be reinstated it shall direct that he be reinstated immediately or direct that he be reinstated by such date as is specified in the direction.

27 Exclusion: additional provision for appeals.

Where the articles of government for any county, voluntary or maintained special school provide—

a

for the parents of any pupil who is excluded from the school in circumstances in which no right of appeal is given by section 26 of this Act to have the right to appeal against his exclusion to a person specified by the articles; and

b

for the procedure to be followed on such an appeal; any decision on such an appeal that the pupil should be reinstated, or that he should be reinstated earlier than would otherwise be the case, shall be binding on the head teacher.

28 Local education authority’s reserve power.

C231

Every local education authority shall have power, in the circumstances mentioned in subsection (3) below, to take such steps in relation to any county, controlled or special school maintained by them as they consider are required to prevent the breakdown, or continuing breakdown, of discipline at the school.

2

The governing body and the head teacher of every aided and special agreement school shall, in the circumstances mentioned in subsection (3) below, consider any representations made to them by the local education authority.

C233

The circumstances are that—

a

in the opinion of the authority—

i

the behaviour of registered pupils at the school; or

ii

any action taken by such pupils or their parents;

is such that the education of any such pupils is, or is likely in the immediate future to become, severely prejudiced; and

b

the governing body have been informed in writing of the authority’s opinion.

C234

Steps taken by an authority under subsection (1) above may include the giving of any direction to the governing body or head teacher.

Finance

29F41. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Reports and meetings

30 Governors’ annual report to parents.

1

The articles of government for every county, voluntary and maintained special school shall provide for it to be the duty of the governing body to prepare, once in every school year, a report (“the governors’ report”) containing—

C24a

a summary of the steps taken by the governing body in the discharge of their functions during the period since their last report; and

b

such other information as the articles may require.

2

The articles of government for every such school shall, in particular, require the governors’ report—

a

to be as brief as is reasonably consistent with the requirements as to its contents;

b

where there is an obligation on the governing body (by virtue of section 31 of this Act) to hold an annual parents’ meeting—

i

to give details of the date, time and place for the next such meeting and its agenda;

ii

to indicate that the purpose of that meeting will be to discuss both the governors’ report and the discharge by the governing body, the head teacher and the local education authority of their functions in relation to the school; and

iii

to report on the consideration which has been given to any resolutions passed at the previous such meeting;

c

to give the name of each governor and indicate whether he is a parent, teacher or foundation governor or was co-opted or otherwise appointed as a governor or is an ex officio governor;

d

to say, in the case of an appointed governor, by whom he was appointed;

e

to give, in relation to each governor who is not an ex officio governor, the date on which his term of office comes to an end;

f

to name, and give the address of, the chairman of the governing body and their clerk;

g

to give such information as is available to the governing body about arrangements for the next election of parent governors;

h

to contain a financial statement—

F42i

reproducing or summarising any financial statement of which a copy has been furnished to the governing body by the authority under section 42 or 50 of the Education Reform Act 1988 since the last governors’ report was prepared;

ii

indicating, in general terms, how any sum made available to the governing body by the authority in respect of the school’s budget share within the meaning of Chapter III of Part I of that Act or under section 49 of that Act in the period covered by the report was used;. . .

iii

giving details of the application of any gifts made to the school in that period; F43and

F44iv

stating the total amount of any travelling and subsistence allowances paid to members of the governing body in that period;

F45i

to give such information about public examinations and other assessments of pupils’ achievements, the continuing education of pupils leaving the school and the employment or training taken up by such pupils as is required to be published by virtue of section 8(5) of the 1980 Act;

j

to describe what steps have been taken by the governing body to develop or strengthen the school’s links with the community (including links with the police); and

k

to draw attention to the information made available by the governing body in accordance with the regulations made under section 20 of this Act.

3

The articles of government for every such school shall—

a

enable the governing body to produce their report in such language or languages (in addition to English) as they consider appropriate; and

b

require them to produce it in such language or languages (in addition to English and any other language in which the governing body propose to produce it) as the local education authority may direct.

4

The articles of government for every such school shall provide for it to be the duty of the governing body of any such school to take such steps as are reasonably practicable to secure that—

a

the parents of all registered pupils at the school and all persons employed at the school are given (free of charge) a copy of the governors’ report;

b

copies of the report are available for inspection (at all reasonable times and free of charge) at the school; and

c

where there is an obligation on the governing body (by virtue of section 31 of this Act) to hold an annual parents’ meeting, copies of the report to be considered at that meeting are given to parents not less than two weeks before that meeting.

F465

The Secretary of State may by order make such amendments of subsection (2) above as he considers expedient.

The articles of government for every aided or special agreement school shall provide for any such question to be determined by the governing body.

7

The articles of government for every special school established in a hospital shall provide that where the governing body are of the opinion that it would be impracticable to hold an annual parents’ meeting in a particular school year they may refrain from holding such a meeting in that year.

8

The articles of government for every county, voluntary and maintained special school (other than a special school established in a hospital), the proportion of registered pupils at which who are boarders is, or is likely to be, at least fifty per cent., shall provide that where—

a

the governing body are of the opinion that it would be impracticable to hold an annual parents’ meeting in a particular school year; and

b

at least fifty per cent. of the registered pupils at the school are boarders at the time when the governing body form that opinion;

they may refrain from holding such a meeting in that year.

9

In subsection (4)(b) above “the required number”, in relation to any school, means any number equal to at least twenty per cent. of the number of registered pupils at the school.

32 Reports by governing body and head teacher.

b

the supervision of pupils at midday.

C3035 Appointment and dismissal of staff: introductory. C29

1

The appointment and dismissal of staff (including teachers) at every county, controlled, special agreement and maintained special school shall be under the control of the local education authority, but—

a

the appointment of a head teacher shall be subject to the provision made by the articles of government for the school in accordance with section 37 of this Act;

b

the appointment of a deputy head teacher shall be subject to the provision made by the articles in accordance with section 39 of this Act;

c

the appointment and dismissal of the clerk to the governing body shall be subject to section 40 of this Act and to any provision made by the articles in accordance with that section;

d

the appointment of any other staff (including any teacher), to a post which is part of the school’s complement, shall be subject to the provision made by the articles in accordance with section 38 of this Act;

e

the dismissal of staff shall be subject to the provision made by the articles in accordance with section 41 of this Act;

f

the appointment and dismissal of staff at any school for which there is a temporary governing body shall be subject to the provisions of Schedule 2 to this Act; and

g

this section is subject to the provisions of sections 27 and 28 of the 1944 Act (which relate to religious education).

2

The articles of government for every such school shall provide for it to be the duty of the local education authority to consult the governing body and the head teacher before appointing any person to work solely at the school otherwise than—

a

in a teaching post;

b

in a non-teaching post which is part of the complement of the school; or

c

solely in connection with either or both of the following—

i

the provision of meals;

ii

the supervision of pupils at midday.

36 The selection panel. C31

1

The articles of government for every county, controlled, special agreement and maintained special school shall provide—

a

for the constitution of a selection panel whenever such a panel is required, by virtue of section 37 or 39 of this Act, in relation to the appointment of a head teacher or deputy head teacher;

b

for the selection panel to consist of a specified number of persons appointed to it by the local education authority and a specified number of governors appointed to it by the governing body, the number so specified being—

i

in each case, not less than three; and

ii

in relation to appointments made by the governing body, not less than the number specified in relation to appointments made by the authority; and

c

for the governing body and the authority to have power to replace, at any time, any member of the selection panel whom they have appointed.

2

The Secretary of State may by regulations make provision as to the meetings and proceedings of selection panels.

i

the head teacher, where he would not otherwise be entitled to be present; and

ii

b

for the provision made in the articles by virtue of subsection (3)(e) or F48. . . to apply in such a case with the substitution of references to the person or persons to whom the functions are delegated for references to the governing body.

39 Appointment of deputy head teacher. C34

1

The articles of government for every county, controlled, special agreement and maintained special school shall, in relation to the appointment of a deputy head teacher for the school, make—

a

the same provision, modified in accordance with subsections (2) and (3) below, as that made by the articles (in accordance with section 37 of this Act) in relation to the appointment of a head teacher for the school; or

b

the same provision as that made by the articles (in accordance with section 38 of this Act) in relation to the appointment of other teachers at the school.

2

Articles of government which, in accordance with subsection (1) above, provide for the appointment of a deputy head teacher for the school to be on the recommendation of a selection panel shall provide for the head teacher, where he is not a member of the panel—

a

to be entitled to be present, for the purpose of giving advice, at any proceedings of the panel (including interviews); and

b

whether or not he attends any such proceedings, to be consulted by the panel before it makes any recommendation to the local education authority.

3

No provision shall be required in the articles of government similar to that mentioned in section 37(1)(b) of this Act.

4

In subsection (1) above “head teacher” does not include an acting head teacher.

C3640 Appointment and dismissal of clerk to governing body. C35

1

The articles of government for every county and maintained special school shall provide for the clerk to the governing body to be appointed by the local education authority in accordance with arrangements to be determined by them in consultation with the governing body.

2

The clerk to the governing body of any controlled or special agreement school shall be appointed—

a

where the articles of government make provision in relation to his appointment, in accordance with that provision;

b

in every other case, by the authority in accordance with arrangements determined by them in consultation with the governing body.

3

Arrangements determined in respect of any school under subsections (1) or (2)(b) above may be varied by the authority in consultation with the governing body.

4

The articles of government for every county and maintained special school shall provide for it to be the duty of the authority not to dismiss the clerk except in accordance with arrangements determined by them in consultation with the governing body.

5

The articles of government for every county, controlled, special agreement and maintained special school shall provide for the governing body to have power, where the clerk fails to attend any meeting of theirs, to appoint one of their number to act as clerk for the purposes of that meeting, but without prejudice to his position as a governor.

6

The clerk to the governing body of any controlled or special agreement schools may not be dismissed except—

a

where the articles of government make provision in relation to his dismissal, in accordance with that provision; or

b

in any other case, in accordance with arrangements determined by the local education authority in consultation with the governing body.

7

The articles of government for every county, controlled, special agreement and maintained special school shall provide for it to be the duty of the local education authority to consider any representations made to them by the governing body as to the dismissal of their clerk.

notwithstanding that their use at those times would, apart from this paragraph, be under the control of the controlling body.

3

Where a transfer of control agreement makes express provision for the use of any school premises which are subject to the agreement to be occasionally under the control of the governing body, instead of the controlling body, in such circumstances, at such times or for such purposes as may be provided by or under the agreement, paragraph (c) of subsection (2) above shall not have effect in relation to that agreement if, at the time of entering into it, the governing body were of the opinion that the express provision would be more favourable to the interests of the school than the term that would otherwise be included by virtue of that paragraph.

4

In this section—

“community use” means the use of school premises (when not required by or in connection with the school) by members of the local community;
“the controlling body” means the body or person (other than the governing body) which has control of the use of the whole or any part of the school premises under the transfer of control agreement in question;
“school hours” means any time during a school session or during a break between sessions on the same day, and “outside school hours” shall be construed accordingly;
“school session”, in relation to any school, means a school session beginning and ending at such times as may from time to time be determined for that school in accordance with section 21 of this Act; and
“transfer of control agreement” means an agreement which, subject to subsection (2) above, provides for the use of so much of the school premises as may be specified in the agreement to be under the control, at such times outside school hours as may be so specified, of such body or person as may be so specified.

School premises

C3742F49Control of use of premises outside school hours.

1

The articles of government for every county and maintained special school shall provide—

a

b

for the governing body in exercising control of the use of the school premises outside school hours—

i

to comply with any directions given to them by the local education authority by virtue of this sub-paragraph; and

ii

to have regard to the desirability of the premises being made available for community use;

c

d

2

A transfer of control agreement shall be taken to include the following terms, namely—

a

that the governing body shall notify the controlling body of any directions given to the governing body by virtue of subsection (1)(b)(i) above;

b

that the controlling body, in exercising control of the use of any premises subject to the agreement—

i

shall do so in accordance with any directions from time to time notified to that body in pursuance of paragraph (a) above; and

ii

shall have regard to the desirability of the premises being made available for community use outside school hours; and

c

i

the use of the specified premises at those times shall be under the control of the governing body, and

ii

accordingly, those premises may be used at those times by or in connection with the school for such purposes as may be specified in the notice,

notwithstanding that their use at those times would, apart from this paragraph, be under the control of the controlling body.

3

4

In this section—

“community use” means the use of school premises (when not required by or in connection with the school) by members of the local community;
“the controlling body” means the body or person (other than the governing body) which has control of the use of the whole or any part of the school premises under the transfer of control agreement in question;
“school hours” means any time during a school session or during a break between sessions on the same day, and “outside school hours” shall be construed accordingly;
“school session”, in relation to any school, means a school session beginning and ending at such times as may from time to time be determined for that school in accordance with section 21 of this Act; and
“transfer of control agreement” means an agreement which, subject to subsection (2) above, provides for the use of so much of the school premises as may be specified in the agreement to be under the control, at such times outside school hours as may be so specified, of such body or person as may be so specified.

Part IV Miscellaneous

43 Freedom of speech in universities, polytechnics and colleges.

1

Every individual and body of persons concerned in the government of any establishment to which this section applies shall take such steps as are reasonably practicable to ensure that freedom of speech within the law is secured for members, students and employees of the establishment and for visiting speakers.

2

The duty imposed by subsection (1) above includes (in particular) the duty to ensure, so far as is reasonably practicable, that the use of any premises of the establishment is not denied to any individual or body of persons on any ground connected with—

a

the beliefs or views of that individual or of any member of that body; or

b

the policy or objectives of that body.

3

The governing body of every such establishment shall, with a view to facilitating the discharge of the duty imposed by subsection (1) above in relation to that establishment, issue and keep up to date a code of practice setting out—

a

the procedures to be followed by members, students and employees of the establishment in connection with the organisation—

i

of meetings which are to be held on premises of the establishment and which fall within any class of meeting specified in the code; and

ii

of other activities which are to take place on those premises and which fall within any class of activity so specified; and

b

the conduct required of such persons in connection with any such meeting or activity;

and dealing with such other matters as the governing body consider appropriate.

4

Every individual and body of persons concerned in the government of any such establishment shall take such steps as are reasonably practicable (including where appropriate the initiation of disciplinary measures) to secure that the requirements of the code of practice for that establishment, issued under subsection (3) above, are complied with.

5

The establishments to which this section applies are—

a

any university;

F1(aa) any institution other than a university within the higher education sector

F2b

any establishment of higher or further education which is maintained by a local education authority;

F3(ba) any institution within the further education sector

F4c

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

6

In this section—

“governing body”, in relation to any university, means the executive governing body which has responsibility for the management and administration of its revenue and property and the conduct of its affairs (that is to say the body commonly called the council of the university);
“university” includes a university college and any college, or institution in the nature of a college, in a university.

7

Where any establishment—

a

falls within subsection (5)(b) above; or

F5b

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

the local education authority F6. . . shall, for the purposes of this section, be taken to be concerned in its government.

8

Where a students’ union occupies premises which are not premises of the establishment in connection with which the union is constituted, any reference in this section to the premises of the establishment shall be taken to include a reference to the premises occupied by the students’ union.

C3844 Political indoctrination.

1

The local education authority by whom any county, voluntary or special school is maintained, and the governing body and head teacher of the school shall forbid—

a

the pursuit of partisan political activities by any of those registered pupils at the school who are junior pupils; and

b

the promotion of partisan political views in the teaching of any subject in the school.

2

In the case of activities which take place otherwise than on the premises of the school concerned, subsection (1)(a) above applies only where arrangements for junior pupils to take part in the activities are made by any member of the staff of the school (in his capacity as such) or by anyone acting on his, or the school’s behalf.

C3945 Duty to secure balanced treatment of political issues.

The local education authority by whom any county, voluntary or special school is maintained, and the governing body and head teacher of the school, shall take such steps as are reasonably practicable to secure that where political issues are brought to the attention of pupils while they are—

a

at the school; or

b

taking part in extra-curricular activities which are provided or organised for registered pupils at the school by or on behalf of the school;

they are offered a balanced presentation of opposing views.

C4046 Sex education.

The local education authority by whom any county, voluntary or special school is maintained, and the governing body and head teacher of the school, shall take such steps as are reasonably practicable to secure that where sex education is given to any registered pupils at the school it is given in such a manner as to encourage those pupils to have due regard to moral considerations and the value of family life.

C41 F5046A Application of sections 44 to 46 to grant-maintained schools.

Sections 44 to 46 of this Act shall apply in relation to the governing body and head teacher of, and the junior pupils and other pupils at, a grant-maintained school as they apply in relation to the governing body and head teacher of, and the junior pupils and other pupils at, a county, voluntary or maintained special school.

E347 Abolition of corporal punishment.

1

Where, in any proceedings, it is shown that corporal punishment has been given to a pupil F51to whom this subsection applies by or on the authority of a member of the staff, giving the punishment cannot be justified on the ground that it was done in pursuance of a right exercisable by the member of the staff by virtue of his position as such.

F521A

Where, in any proceedings, it is shown that corporal punishment has been given to a pupil by or on the authority of a member of the staff, giving the punishment cannot be justified if the punishment was inhuman or degrading.

F521B

In determining whether punishment is inhuman or degrading regard shall be had to all the circumstances of the case, including the reason for giving it, how soon after the event it is given, its nature, the manner and circumstances in which it is given, the persons involved and its mental and physical effects.

2

Subject to subsection (3) below, references in this section to giving corporal punishment are references to doing anything for the purposes of punishing the pupil concerned (whether or not there are also other reasons for doing it) which, apart from any justification, would constitute battery.

3

A person is not to be taken for the purposes of this section as giving corporal punishment by virtue of anything done for reasons that include averting an immediate danger of personal injury to, or an immediate danger to the property of, any person (including the pupil concerned).

4

A person does not commit an offence by reason of any conduct relating to a pupil which would, apart from this section, be justified on the ground that it is done in pursuance of a right exercisable by a member of the staff by virtue of his position as such.

5

F53Subsection (1) above applies to a pupil

a

for whom education is provided—

i

at a school maintained by a local education authority;

ii

at a special school not so maintained; . . . F54

F55iia

at a grant-maintained school; or

iii

at an independent school which is maintained or assisted by a Minister of the Crown (including a school of which a government department is the proprietor) or assisted by a local education authority and which falls within a prescribed class;

b

for whom primary or secondary education, or education which would be primary or secondary education if it were provided full-time, is provided by a local education authority otherwise than at a school; or

c

48 Abolition of corporal punishment: Scotland.

After section 48 of the M1Education Act (Scotland) 1980, there shall be inserted the following new section—

Corporal Punishment
48A Abolition of corporal punishment of pupils.
1
Where, in any proceedings, it is shown that corporal punishment has been given to a pupil by or on the authority of a member of the staff, giving the punishment cannot be justified on the ground that it was done in pursuance of a right exercisable by the member of the staff by virtue of his position as such.
2
Subject to subsection (3) below, references in this section to giving corporal punishment are references to doing anything for the purposes of punishing the pupil concerned (whether or not there are also other reasons for doing it) which, apart from any justification, would constitute physical assault upon the person.
3
A person is not to be taken for the purposes of this section as giving corporal punishment by virtue of anything done for reasons which include averting an immediate danger of personal injury to, or an immediate danger to the property of, any person (including the pupil concerned).
4
A person does not commit an offence by reason of any conduct relating to a pupil which would, apart from this section, be justified on the ground that it was done in pursuance of a right exercisable by a member of the staff by virtue of his position as such.
5
In this section “pupil” means a person—
a
for whom education is provided—
i
at a public school,
ii
at a grant-aided school, or
iii
at an independent school, maintained or assisted by a Minister of the Crown, which is a school prescribed by regulations made under this section or falls within a category of schools so prescribed.
b
for whom school education is provided by an education authority otherwise than at a school, or
c
to whom subsection (6) below applies and for whom education is provided at an independent school which does not fall within paragraph (a)(iii) above.
6
This subsection applies to a person if—
a
he holds an assisted place under a scheme operated by the Secretary of State under section 75A of this Act.
b
any of the fees or expenses payable in respect of his attendance at school are paid by the Secretary of State under section 73(f) of this Act.
c
any of the fees payable in respect of his attendance at school are paid by an education authority under section 24(1)(c), 49(2)(b), 50(1) or 64(3) of this Act, or
d
he falls within a category, prescribed by regulations made under this section, of persons appearing to the Secretary of State to be persons in respect of whom any fees are paid out of public funds.
7
In this section “member of the staff” means—
a
in relation to a person who is a pupil by reason of the provision of education for him at any school, any teacher who works at the school and any other person who has lawful control or charge of the pupil and works there, and
b
in relation to a person who is a pupil by reason of the provision of school education for him by an education authority at a place other than a school, any teacher employed by the authority who works at that place and any other person employed by the authority who has lawful control or charge of the pupil and works there.
8
The Secretary of State may, by order made by statutory instrument, prescribe—
a
schools or categories of school for the purposes of subsection (5)(a)(iii) above; and
b
categories of persons for the purposes of subsection (6)(d) above.
9
A person shall not be debarred from receiving education (whether by refusing him admission to, or excluding him from, a school or otherwise) by reason of the fact that this section applies in relation to him, or if he were admitted might so apply.
10
The power conferred on the Secretary of State by paragraph 4 of Schedule 1A to this Act to revoke a determination under section 75A of this Act if he is not satisfied that appropriate educational standards are being maintained includes power to do so if he is not satisfied that subsection (9) above is being complied with.

C4249 Appraisal of performance of teachers.

1

The Secretary of State may by regulations make provision requiring local education authorities, or such other persons as may be prescribed, to secure that the performance of teachers to whom the regulations apply—

a

in discharging their duties; and

b

in engaging in other activities connected with the establishments at which they are employed;

is regularly appraised in accordance with such requirements as may be prescribed.

2

The regulations may, in particular, make provision—

a

requiring the governing bodies of such categories of schools or other establishments as may be prescribed—

i

to secure, so far as it is reasonably practicable for them to do so, that any arrangements made in accordance with the regulations are complied with in relation to their establishments; and

ii

to provide such assistance to the local education authority as the authority may reasonably require in connection with their obligations under the regulations;

b

with respect to the disclosure to teachers of the results of appraisals and the provision of opportunities for them to make representations with respect to those results; and

c

requiring local education authorities to have regard to the results of appraisals in the exercise of such of their functions as may be prescribed.

3

The regulations may be expressed to apply to any of the following categories of teacher, that is to say teachers employed—

a

at any school maintained by a local education authority;

b

at any special school (whether or not so maintained);

F57ba

at any grant-maintained school;

c

at any F58establishment of higher or further education maintained by a local education authority;

F59d

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F59da

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F60(db) at any institution within the further education sector

e

at any school or other establishment which falls within any prescribed class of school, or other establishment, of a kind mentioned in any of paragraphs (a) to F61(db) above; or

f

by a local education authority otherwise than at a school or F62establishment of higher or further education.

4

Before making any regulations under subsection (1) above, the Secretary of State shall consult—

a

such associations of local authorities, and representatives of teachers, as appear to him to be concerned; and

b

any other person with whom consultation appears to him to be desirable.

make provision requiring F66. . . persons, to whom payments have been made in pursuance of the regulations to comply with such requests as may be prescribed or so determined.

F674

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

C4451 Recoupment. C43

1

Subject to subsection (2) below, where any provision for primary, secondary or further education is made by a local education authority in respect of a pupil who belongs to the area of another such authority, the providing authority shall, on making a claim within the prescribed period, be entitled to be paid by the other authority—

a

such amount as the authorities may agree; or

b

failing agreement, such amount as may be determined in accordance with a direction given by the Secretary of State under this subsection.

2

Subsection (1) above does not apply to provision for—

a

primary education made (otherwise than in a hospital) in respect of a pupil who has not attained the age of five years; or

b

further education F68. . .

unless it is made with the consent of the authority from whom payment is claimed.

3

Any direction under subsection (1) above may—

a

be a general direction applying to all cases to which it is expressed to apply or a direction applying to a particular case;

b

be designed to provide for the amounts payable by one authority to another to reflect average costs incurred by local education authorities in the provision of education (whether in England and Wales as a whole or in any particular area or areas); and

c

be based on figures for average costs determined by such body or bodies representing local education authorities, or on such other figures relating to costs so incurred, as the Secretary of State considers appropriate.

4

A direction applying to a particular case may be given notwithstanding that a general direction would otherwise apply to that case.

F695

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F696

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

7

References in this section to provision for education include references to provision of any benefits or services for which provision is made by or under the enactments relating to education.

8

References in subsections F70(1) and (2) above to further education do not include references to further education of a kind such that expenditure on its provision would fall within paragraph 6 of Schedule 10 to the M4Local Government Planning and Land Act 1980.

9

A local education authority may make a payment to another such authority under subsection (1) above notwithstanding that no claim has been made by the other authority under that subsection.

10

For the purposes of this section any question whether a pupil belongs, or does not belong, to the area of a particular local education authority shall be decided, as it would for the purposes of the 1980 Act, in accordance with section 38(5) of that Act and the regulations made under that section.

11

Any dispute between local education authorities as to whether one of them is entitled to be paid any amount by another under this section shall be determined by the Secretary of State.

12

Section 31(8) of the M5London Government Act 1963 (obligations in relation to pupils from outside the area of local education authority) shall cease to have effect.

F7113

References in this section to a pupil, in relation to any school or other institution, include any person who receives education at the school or institution.

C4652 Recoupment: cross-border provisions. C45

1

The Secretary of State may make regulations requiring or authorising payments of amounts determined by or under the regulations to be made by one authority to another where—

a

the authority receiving the payment makes, in such cases or circumstances as may be specified in the regulations, provision for education in respect of a F72person having such connection with the area of the paying authority as may be so specified; and

b

one of the authorities is a local education authority and the other an education authority in Scotland.

2

The basis on which amounts payable under the regulations are to be determined shall be such as the Secretary of State sees fit to specify in the regulations and may, in particular, be similar to that adopted by him in relation to directions given under section 51(1) of this Act.

3

Any question concerning the connection of any F73person with the area of a particular local education authority or education authority shall be decided in accordance with the provisions of the regulations.

4

The reference in subsection (1) above to provision for education includes a reference to provision of any benefits or services for which provision is made by or under the enactments relating to education.

53 School transport.

In section 55 of the 1944 Act (provision of transport and other facilities), the following subsection shall be added at the end—

3
In considering whether or not they are required by subsection (1) above to make arrangements in relation to a particular pupil, the local education authority shall have regard (amongst other things) to the age of the pupil and the nature of the route, or alternative routes, which he could reasonably be expected to take.

where different requirements such as are mentioned in paragraph (a) above are satisfied on different days, on the last of those days.

14

Where any such requirement imposes a continuing obligation with respect to the publication of any proposals, the requirement shall for the purposes of subsection (13) above be taken to be satisfied on the first day in respect of which it is satisfied.

55 Compensation payable by governing body on change from controlled to aided status.

1

Where a controlled school becomes an aided school by virtue of an order made under section 54 of this Act, the governing body shall pay to the local education authority (in accordance with the order) such sum, by way of compensation for capital expenditure on the school—

that there is made available to every such governor (free of charge) such training as the authority consider necessary for the effective discharge of those functions.

58 Travelling and subsistence allowances for governors of schools and establishments of further education.

1

A local education authority may, in accordance with the provisions of a scheme made by them for the purposes of this section, pay travelling and subsistence allowances to governors of—

a

F77any county, voluntary or maintained special school which does not have a delegated budget (construed in accordance with section 33(6)(b) of the Education Reform Act 1988); and

F78b

any establishment of higher or further education which is maintained by a local education authority;

2

Such a scheme may make different provision in relation to schools or other establishments of different categories (including provision for allowances not to be paid in respect of certain categories) but shall not make different provision in relation to different categories of governor of the same school or establishment.

F793

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F794

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5

Subject to subsection (6) below, a local education authority may pay travelling and subsistence allowances to persons appointed to represent them on the governing bodies of—

F80 F79a

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

ab

establishments of higher or further education which are not maintained by them F81. . .; or

b

any independent school or special school which is not maintained by them.

6

A local education authority shall not pay any allowance under subsection (5) above for expenses in respect of which the person incurring them is entitled to reimbursement by any person other than the authority or if—

a

the authority have not made any scheme under subsection (1) above; or

b

the arrangements under which the allowance would otherwise be payable—

i

provide for allowances which are to any extent more generous than the most generous payable by the authority under any such scheme; or

ii

contain any provision which the authority would not have power to include in any such scheme.

7

No allowance may be paid to any governor of a school or establishment of a kind mentioned in subsection (1) above in respect of the discharge of his functions as such a governor, otherwise than under this section.

59 Repeal of section 4 of 1944 Act.

Section 4 of the 1944 Act (which makes provision in relation to the two central advisory councils for education) shall cease to have effect.

60 Discontinuance of Secretary of State’s duty to make annual reports.

1

Section 5 of the 1944 Act (which requires the Secretary of State to make an annual report to Parliament) shall cease to have effect.

2

The Secretary of State’s report under that section for the year 1985 shall be the last such report that he is required to make.

61 Minimum age for governors of establishments of further education.

1

No person shall be qualified for membership of the governing body of any institution F7which is maintained by a local education authority and which provides higher education or further education (or both);

unless he is a student of the institution or is aged eighteen or over at the date of his election or appointment.

2

The Secretary of State may by regulations make provision restricting—

a

in relation to such matters or classes of matter as may be prescribed;

b

in such circumstances as may be prescribed; and

c

to such extent as may be prescribed;

the participation of any student of such an institution who is a member of its governing body in the proceedings of that body.

3

The instrument of government for any such institution may make such provision in relation to restricting the participation of any such student in the proceedings of its governing body (in addition to that made by the regulations) as the regulations may authorise.

C4762 Access to papers etc. of governing bodies.

1

The Secretary of State may make regulations requiring the governing body—

a

of every county, voluntary F82grant-maintained and maintained special school; and

b

of every institution of a kind mentioned in section 61 of this Act;

to make available, to such persons or classes of person as may be prescribed, such documents and information relating to the meetings and proceedings of the governing body as may be prescribed.

2

Documents and information required by the regulations to be made available shall be made available in such form and manner, and at such times, as may be prescribed.

Part V Supplemental

E463 Orders and regulations.

1

Any power of the Secretary of State to make orders or regulations under this Act (other than under section 2(7), 9(6) or 54) shall be exercised by statutory instrument.

2

Any such statutory instrument (other than one made under section 66, shall be subject to annulment in pursuance of a resolution of either House of Parliament.

3

Regulations and orders under this Act may make different provision for different cases or different circumstances and may contain such incidental, supplemental or transitional provisions as the Secretary of State thinks fit.

4

Without prejudice to subsection (3) above, regulations under this Act may make in relation to Wales provision different from that made in relation to England.

64 Expenses.

There shall be defrayed out of money provided by Parliament—

a

any expenses incurred by the Secretary of State under this Act; and

b

any increase attributable to this Act in the sums payable out of such money under any other Act.

65 Interpretation.

1

In this Act—

“the 1944 Act” means the M8Education Act 1944;
“the 1968 (No. 2) Act” means the M9Education (No. 2) Act 1968;
“the 1980 Act” means the M10Education Act 1980;
F83. . .
“boarder” includes a pupil who boards during the week but not at weekends;
“co-opted governor”, in relation to any school, means a person who is appointed to be a member of the governing body of the school by being co-opted by those governors of the school who have not themselves been so appointed but does not include a governor appointed in accordance with any provision made by virtue of section 5 of this Act;
F84“establishment of higher or further education” means an institution which provides higher education or further education (or both);
“exclude”, in relation to the exclusion of any pupil from a school, means exclude on disciplinary grounds;
“head teacher”, except where provision to the contrary is made, includes an acting head teacher;
“maintained special school” means a special school which is maintained by a local education authority;
“parent governor”, in relation to any school, means (subject to section 5 of and Schedule 1 to this Act) a person who is elected as a member of the governing body of the school by parents of registered pupils at the school and who is himself such a parent at the time when he is elected;
“promoters”, in relation to any intended new school, or school which it is proposed should be maintained by a local education authority, means the persons who intend to establish the school or (as the case may be) who established the school which it is proposed should be so maintained, or their representatives;
“school day”, in relation to any school, means any day on which at that school there is a school session; and
“teacher governor”, in relation to any school, means (subject to Schedule 1 to this Act) a person who is elected as a member of the governing body of the school by teachers at the school and who is himself such a teacher at the time when he is elected.

2

Except where otherwise provided, in this Act “governing body” and “governor” do not include a temporary governing body or any member of such a body.

E566 Commencement.

1

Sections 60 and 63 to 65, this section and section 67(1) to (3) and (7) of this Act shall come into force on the passing of this Act.

2

Section 49 and 59 of this Act shall come into force at the end of the period of two months beginning with the day on which this Act is passed.

P33

The other provisions shall come into force on such date as the Secretary of State may by order appoint.

4

Different dates may be appointed for different provisions or different purposes including, in particular, for the purpose of bringing particular provisions into force only in relation to particular schools or categories of school.

5

Any order under this section may make such transitional provision as appears to the Secretary of State to be necessary or expedient in connection with the provisions brought into force by the order.

6

Any such order may include such adaptations of the provisions which it brings into force, or of any other provisions of this Act then in force, as appear to him to be necessary or expedient for the purpose or in consequence of the operation of any provision of this Act (including, in particular, the provisions which the order brings into force) before the coming into force of any other provision.

67 Short title etc.

1

This Act may be cited as the Education (No. 2) Act 1986.

2

This Act and the Education Acts 1944 to 1985 and the Education Act 1986 may be cited as the Education Acts 1944 to 1986.

3

This Act shall be construed as one with the 1944 Act.

4

Schedule 4 to this Act (which makes consequential amendments) shall have effect.

5

This Act shall have effect subject to the transitional provisions set out in Schedule 5 to this Act.

6

The enactments and instruments mentioned in Schedule 6 to this Act are hereby repealed or (as the case may be) revoked to the extent specified in the third column of that Schedule.

7

In this Act—

a

sections 48, 52, 63(1) to (3) and 66(3) to (6), this section and so much of Schedule 6 as relates to any enactment which extends to Scotland, extend to Scotland; and

b

section 47(11) and this section extend to Northern Ireland;

but otherwise this Act extends only to England and Wales.

SCHEDULES

Schedule 1 Grouped Schools

Section 9(9).

General

1

In this Schedule—

“group” means two or more schools grouped under section 9 of this Act; and
“grouped school” means a school which forms part of a group.

3

For the purposes of subsection (5) of section 2, any agreement required by sub-paragraph (1) above shall be deemed to have been required by subsection (2) of that section.

Election of parent and teacher governors

3

The instrument of government for any group—

a

may provide for the local education authority to have power to determine, in relation to every election of parent or teacher governors, the school or schools within the group the parents of registered pupils at which, or (as the case may be) the teachers at which, are to be entitled to stand and vote at the election; and

b

shall, where it does so, provide for it to be the duty of the authority to ensure that the position after any such election will be that there is no school within the group which will not have had an opportunity to have so participated in the election of at least one of the parent or (as the case may be) teacher governors of the group.

Governors’ annual report to parents

4

1

In discharging their duty to prepare governors’ reports; the governing body for a group shall prepare separate reports in relation to each of the schools within the group unless they decide to hold a joint annual parents’ meeting, under paragraph 5 below.

2

Where the governing body for a group prepare a single report covering all schools within the group, it shall be their duty to secure that any matters which they propose to report on and which are likely to be mainly of interest to the parents of registered pupils at a particular school within the group are treated separately in the report.

Annual parents’ meeting

5

1

In discharging their duty to hold an annual parents’ meeting for any grouped school the governing body for the group may, if they think fit, hold a joint meeting for all of the schools within the group.

2

Where—

a

a joint meeting is held; and

b

the governing body have prepared separate governors’ reports in relation to each of the schools within the group;

the governing body shall, when discharging the duty imposed on them by virtue of section 30(4) of this Act, attach to the report prepared in relation to any one school in the group copies of the reports prepared for each of the other schools within the group.

3

Where at any joint meeting the question is put on any proposed resolution which concerns one or more, but not all, of the schools within the group—

a

only parents of registered pupils at the school or schools which the proposed resolution concerns may vote on the question; and

b

the registered pupils at the other schools shall be disregarded for the purposes of section 31(4)(b) of this Act as it applies in relation to the proposed resolution.

4

Where at any joint meeting there is any disagreement as to which schools within the group a proposed resolution concerns, the matter shall be decided by the chairman of the governing body.

SCHEDULE 2 New Schools

Section 12(10).

Part I General

1

In this Schedule—

“arrangement” means (except in paragraph 2(2)(b) or 19) an arrangement made under section 12 of this Act for the constitution of a temporary governing body for a new school;
“new school” means any school, or proposed school, which is required to have a temporary governing body or in respect of which the local education authority have power to make an arrangement under section 12(4);
“relevant proposal” means the proposal (of a kind mentioned in section 12) by reference to which the school in question is a new school; and
“temporary governor” means any member of a temporary governing body.

4

The first meeting of any temporary governing body shall be called—

a

by their clerk; or

b

where he fails to call it within such period as the local education authority consider reasonable, by the authority.

Part II School Government

6

Where a new school is grouped under section 9 of this Act, with effect from the time when an instrument of government is required for the school, any consent given by, or consultation with, the temporary governing body shall be treated for the purposes of section 10(5) and (6) of this Act as having been given by, or (as the case may be) held with, the governing body.

7

Where any question arises as to the date which is to be taken to be the implementation date of any such proposal for the purposes of this paragraph, it shall be determined by the Secretary of State.

4

1

Before making any order under section 1 of this Act in respect of a new school, the local education authority shall consult the temporary governing body and head teacher.

2

Before making any such order in respect of a new school which will be a voluntary school, the authority shall—

a

secure the agreement of the temporary governing body to the terms of the proposed order; and

b

if it embodies or varies an instrument of government, secure the agreement of the temporary foundation governors to any provisions which are of particular concern to those governors.

3

Where a local education authority propose to make any such order in respect of a new school but cannot secure any agreement required by this paragraph, they or (as the case may be) the temporary governing body or temporary foundation governors may refer the matter to the Secretary of State.

4

On any reference to him under this paragraph the Secretary of State shall give such direction as he thinks fit.

Duration of arrangement for temporary governing body

5

1

Every arrangement shall (if it has not been brought to an end under sub-paragraph (2) below) come to an end when the requirement for there to be an instrument of government for the new school first has effect.

2

Where an arrangement has been made by virtue of section F8812(4) of this Act and

a

the proposal in question is withdrawn;

b

the Secretary of State has decided not to approve that proposal F89. . .

c

the local education authority have, under section 12(7) of the 1980 Act, determined not to implement that proposal;

the occurrence of that event shall bring the arrangement to an end.

Composition of temporary governing body

6

1

No local education authority shall make an arrangement in respect of a new school which will be a controlled school without the agreement of the promoters as to the provision which will be made in relation to the temporary foundation governors; and in the event of any disagreement between the authority and the promoters in respect of that provision, either of them may refer the matter to the Secretary of State.

2

No local education authority shall make an arrangement in respect of a new school which will be an aided school without the agreement of the promoters as to the composition of the temporary governing body; and in the event of any disagreement between the authority and the promoters as to the composition of that body, either of them may refer the matter to the Secretary of State.

3

On any reference under this paragraph, the Secretary of State shall give such direction as he thinks fit.

Appointment of temporary parent and teacher governors

7

1

The temporary parent governors for a new school shall, subject to sub-paragraph (2) below, be appointed—

a

where the school will be a county, controlled or maintained special school, by the local education authority; and

b

where it will be an aided school, by the promoters.

2

Where—

a

two or more schools have been, or are to be, discontinued (“the discontinued schools”); and

b

the registered pupils at those schools, or a substantial number of those pupils, are expected to transfer to a new school;

the local education authority may (subject to sub-paragraph (3) below) provide for any of the governing bodies of the discontinued schools to appoint some or all of the temporary parent or teacher governors of the new school.

3

No provision may be made under sub-paragraph (2) above for the appointment of temporary parent or teacher governors of a new school which will be an aided school without the agreement of the promoters; and in the event of any disagreement between the authority and the promoters as to whether any such provision should be made, either of them may refer the matter to the Secretary of State.

4

On any reference under sub-paragraph (3) above, the Secretary of State shall give such direction as he thinks fit.

5

Before making any provision under sub-paragraph (2) above for the appointment of temporary parent or teacher governors of a new school which will be a controlled school, the local education authority shall consult the promoters.

6

No person shall be appointed under sub-paragraph (1) or (2) above as a temporary parent governor of a new school unless—

a

he is the parent of a child who is likely to become a registered pupil at the school; or

Miscellaneous

11

1

The qualification of any person for appointment as a temporary governor, of a particular category, of any new school shall not have the effect of disqualifying him for appointment as a temporary governor, of any other category, of that school.

2

No person shall at any time hold more than one temporary governorship of the same school.

3

Where any temporary governor is to be appointed by persons acting jointly, the appointment shall be made, in the event of failure on the part of those persons to make an agreed appointment—

a

by the Secretary of State; or

b

in accordance with any direction given by him.

4

Subject to paragraph 2(3) above, where temporary governors are required to co-opt one or more persons to be temporary governors, the arrangement under which the temporary governing body are constituted shall not make any provision which has the effect of restricting those governors in their choice of person to co-opt.

5

Sub-paragraph (4) above does not apply in relation to foundation governors.

6

No person shall be qualified for membership of any temporary governing body unless he is aged eighteen or over at the date of his appointment.

Part III Organisation and Functions

General

12

1

The requirement for there to be articles of government for certain schools, which is imposed by section 1 of this Act, shall not apply in relation to a new school until such time as it is required to have an instrument of government (in accordance with section 1 as read with paragraph 3 of this Schedule).

2

The determination of those matters relating to the conduct of any new school which require to be determined before a governing body is constituted for the school under an instrument of government shall be under the direction of the temporary governing body, but subject to any provision made by or under this Act (including, in particular, this Schedule) or any other enactment.

3

The Secretary of State may by regulations make similar provision in relation to consultation with temporary governing bodies as he has power to make in relation to consultation with governing bodies under section 16(2) of this Act.

Reports and information to be provided by temporary governing body

13

1

Every temporary governing body shall furnish to the local education authority such reports in connection with the discharge of their functions as the authority may require (either on a regular basis or from time to time).

2

Every temporary governing body shall make such reports and returns, and give such information, to the Secretary of State as he may require for the purpose of the exercise of his functions in relation to education.

3

Every temporary governing body shall prepare—

a

immediately before the arrangement under which they are constituted comes to an end; and

b

for the purpose of assisting the governing body who will succeed them;

a brief report of the action which they have taken in the discharge of their functions; and shall recommend (with reasons) persons who belong to the community served by the new school and who are, in the opinion of the temporary governing body, suitable for appointment as co-opted members of the governing body.

4

Before making any recommendations under sub-paragraph (3) above, a temporary governing body shall consult representatives of the local business community.

5

All minutes and papers of any temporary governing body, including the report prepared under sub-paragraph (3) above, shall be made available to their successors.

Head teacher’s reports

14

1

The head teacher of any new school for which a temporary governing body have been constituted shall furnish that body, or (as the case may be) the local education authority, with such reports in connection with the discharge of his functions as that body or authority may require (either on a regular basis or from time to time).

2

Where, under sub-paragraph (1) above, any requirement is imposed by a local education authority on the head teacher of a new school which will be an aided school, the authority shall notify the temporary governing body of that requirement; and the head teacher of any such school shall furnish that body with a copy of any report which he makes in complying with any such requirement.

Preparation of curriculum

15

1

The head teacher of any new school for which a temporary governing body have been constituted shall, in preparing to discharge his functions in relation to the curriculum for the school, consult that body and the local education authority.

2

Any authority who have been consulted under this paragraph shall inform the head teacher of the resources which are likely to be made available to the school; and the head teacher shall have regard to any information so given to him.

School terms etc.F92

Annotations:

Amendments (Textual)

F92

Sch. 2 Pt. III para. 16 substituted by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 231(7), 235(6), 237(1), Sch. 12 para. 106

16

1

Pending the coming into force of the articles of government for a new school which will be a county or controlled school—

a

the dates at which the school terms and holidays are to begin and end shall be determined by the local education authority; and

b

the times at which the school session or, if there is more than one, each school session is to begin and end on any day shall be determined by the temporary governing body after consultation with the authority.

2

Pending the coming into force of the articles of government for a new school which will be an aided school—

a

the dates and times at which the school terms and holidays are to begin and end; and

b

the times at which the school session or, if there is more than one, each school session is to begin and end on any day;

shall be determined by the temporary governing body.

Discipline

17

Pending the coming into force of the articles of government for a new school which will be a county, voluntary or maintained special school, the head teacher and the temporary governing body shall be under the same duties as will be required to be imposed on him and the governing body by virtue of section 22(a) to (e) of this Act.

Finance

C4818

Where a temporary governing body have been constituted for any new school, the local education authority shall consult that body and the head teacher on their proposed expenditure on books, equipment and stationery for the school.

Admission of pupils

19

the local education authority may, in consultation with the temporary governing body, appoint one of the head teachers of the discontinued schools as the first head teacher for the new school, instead of following the procedure mentioned in sub-paragraph (1) above.

3

In the event of the post of head teacher for the new school being vacant, the authority may, if they think fit, appoint an acting head teacher after consulting the temporary governing body.

Appointment of certain other staff

C5324

1

Subject to sub-paragraph (3) below, the same provision shall apply in relation to the appointment of any person to a post which is part of the complement of a new school for which a temporary governing body have been constituted as is required to be made in relation to the appointment of any person to such a post by the articles of government of a school to which section 38 of this Act applies.

2

The local education authority shall consult the temporary governing body and the head teacher before appointing any person to work solely at the school otherwise than—

a

in a teaching post;

b

in a non-teaching post which is part of the complement of the school; or

c

solely in connection with either or both of the following—

i

the provision of meals;

ii

the supervision of pupils at midday.

3

This paragraph does not apply in relation to the appointment of a head teacher or deputy head teacher or to any temporary appointment pending—

a

the return to work of the holder of the post in question; or

b

the taking of any steps required by this Schedule in relation to the vacancy in question.

Appointment of deputy head teacher

C5425

Where a temporary governing body have been constituted for a new school, the provision which is to apply in relation to the appointment of a deputy head teacher of the school shall be—

a

the same as that which may be made in the articles of government of a school to which section 39 of this Act applies by virtue of subsection (1)(a) of that section; or

b

where the local education authority so decide, the same as that which may be made in the articles of government of such a school by virtue of subsection (1)(b) of section 39.

Appointment of clerk to temporary governing body

26 C551

Where a temporary governing body have been constituted for a new school, the clerk to the temporary governing body shall be appointed by the local education authority.

C552

Where the arrangement for the constitution of a temporary governing body of any new school comes to an end, the person who was the clerk to that body shall act as clerk to the governing body who succeed them, pending the appointment of a clerk under section 40 of this Act.

3

Where the clerk to a temporary governing body fails to attend any meeting of theirs, they may appoint one of their number to act as clerk for the purposes of that meeting, but without prejudice to his position as a temporary governor.

Part IV Miscellaneous

Travelling and subsistence allowances etc.

27

Section 58 of this Act shall apply in relation to the members of temporary governing bodies as it applies in relation to the members of governing bodies of county, voluntary and maintained special schools.

Expenses of temporary governing bodies, etc.

28

Where a temporary governing body are constituted for a new school, the local education authority shall be under the same duty to defray the expenses incurred in relation to the temporary governing body, and the staff appointed in accordance with the provisions of this Schedule, as they would be if the relevant proposal had been implemented and the temporary governing body were the governing body of the school.

Powers of Secretary of State

29

For the purposes of the following provisions of the 1944 Act—

a

section 67(1) (determination of disputes);

b

section 68 (prevention of unreasonable exercise of functions); and

c

section 99(1) and (2) (default);

a temporary governing body shall be treated as if they were the governing body of the school in question.

Provision of information for temporary governing bodies

30

1

Every local education authority shall secure that the temporary governing body of each of the new schools which will be maintained by them are, on being constituted, provided (free of charge) with such explanatory and other information as the authority consider is required to enable that body to discharge their functions effectively.

C562

Where a new school will be a county, controlled or maintained special school, the authority shall, in discharging their duty under sub-paragraph (1) above, inform the temporary governing body, in particular—

a

of the number of members of any selection panel required by virtue of paragraph 23 or 25 above who are to be appointed by the authority and the number who are to be appointed by the temporary governing body;

b

where the authority intend to exercise the power conferred on them by paragraph 23(2) above, of their intention to do so;

c

of the provision which is to apply in relation to the appointment of the deputy head teacher of the school;

d

of the complement of staff for the school; and

e

of the authority’s proposals with regard to the appointment of staff for the school and the timing of appointments. C57

3

Where a new school will be an aided school, the authority shall, in discharging their duty under sub-paragraph (1) above, inform the temporary governing body, in particular, of their proposals with regard to the appointment of staff for the school and the timing of appointments.

SCHEDULE 3 Exclusion on Discipline Grounds: Appeals

Section 26 (4).

In this Schedule references to appeals are to appeals under section 26 of this Act.

F9717

1

Where in accordance with paragraph 1 or 2 above notice in writing is required to be given to a person, that notice may be given either by delivering the notice to the person’s last known address or by properly addressing, pre-paying and sending by first class post a letter containing the notice to the person’s last known address.

2

For the purposes of calculating a period referred to in paragraph 3A(1) above, notice shall be taken to have been given—

a

where first class post is used, on the second school day after the date of posting, unless the contrary is shown, and

b

where the notice is delivered, on the date of delivery, unless the contrary is shown.

SCHEDULE 4 Consequential Amendments

Section 67 (4).

The Education Act 1944 (c.31)

1

In section 15(2) of the Education Act 1944 (change of status of voluntary school), in the proviso—

a

the words “under this section” shall be inserted after “any application”; and

b

the words “or section 54 of the Education (No. 2) Act 1986” shall be inserted after “this section”, where they last occur.

2

In section 22 of that Act, for subsection (4) (appointment and dismissal of certain staff) there shall be substituted—

4
The local education authority may give directions to the governors of any aided school as to the number and conditions of service of persons employed at the school for the purposes of the care and maintenance of the school premises.

The Education Act 1962 (c.12)

3

In section 4(5) of the Education Act 1962 (meaning of “training” in relation to grants for training of teachers) for “section 2 and 3” there shall be substituted “section 2”.

4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F8

The Local Government Act 1974 (c.7)

5

In paragraph 5 of Schedule 5 to the Local Government Act 1974 (matters not subject to investigation by Local Commissioner) after the words “Act 1944” there shall be inserted the words “or sections 17 to 19 of the Education (No. 2) Act 1986”.

6

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F9

7

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F10

SCHEDULE 5 Transitional Provisions

Section 67(5).

Instruments of government for certain existing schools

1

Section 1 of this Act shall not require the making of an instrument of government for any aided or special agreement school in respect of which there is in force, at the time when that section comes into force, and continues in force, an instrument under which its governing body is constituted; but this paragraph shall cease to apply to any such school if it is grouped with another school under section 9 of this Act.

2

Any such instrument shall, after the commencement of section 1, be treated for the purposes of this Act as having been made by order under that section.

Grouping

2

Where a local education authority propose to group two or more schools which are subject to an arrangement under section 3 of the 1980 Act (the “section 3 schools”), the references in subsections (5) and (6) of section 10 of this Act to the governing body of each of the schools concerned shall be construed as references to the persons deemed to be governors of the section 3 schools by section 3(7) of the 1980 Act.

Recommendations by outgoing governing bodies

3

1

The governing body for any county, controlled or maintained special school which is constituted under an instrument of government or arrangement in force immediately before section 1 of this Act comes into force shall recommend (with reasons) to any governing body who will succeed them persons who belong to the community served by the school and who are, in their opinion, suitable for appointment as co-opted members of their successor.

2

Before making any recommendations under sub-paragraph (1) above, a governing body shall consult representatives of the local business community.

SCHEDULE 6 Repeals and Revocations

Section 67 (6).

Part I Enactments Repealed

Chapter	Short title	Extent of repeal
7 & 8 Geo. 6. c. 31.	The Education Act 1944.	Section 4.
		Section 5.
		Sections 17 to 21.
		Section 23.
		Section 24(1).
		In section 27(3), from “but before” to end.
		In section 67(2), the words from “or whether” to “another”.
1962 c. 12.	The Education Act 1962.	In section 3, paragraph (a) and from “in the case of” to “this section”.
		In section 4(3), “(a) or”.
1963 c. 33.	The London Government Act 1963.	In section 31, subsections (7)(a) and (8).
1966 c. 42.	The Local Government Act 1966.	In Schedule 5, paragraph 6.
1968 c. 37.	The Education (No. 2) Act 1968.	Section 2.
		In section 3(2), the words “or subsection (4) of section 2”.
1980 c. 20.	The Education Act 1980.	Section 2.
		Section 3.
		Section 4.
		Sections 31 and 32.
		In section 35(1), the words from “(other” to “(b))”.
		Schedule 6.
1980 c. 44.	The Education (Scotland) Act 1980.	Section 23(5) to (7).
1980 c. 65.	The Local Government, Planning and Land Act 1980.	Section 68(5).

Part II Instruments Revoked

Number	Name of instrument	Extent of revocation
S.I. 1970/1 536.	The Transfer of Functions (Wales) Order 1970.	Article 4.