Education (No. 2) Act 1986

SCHEDULES

Section 9(9).

Schedule 1 E+W Grouped Schools

General E+W

1 (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.

(2) Any reference in any enactment to the governing body or governors of a school shall be construed, in relation to any grouped school, as a reference to the governing body or governors of the group.

Procedure in relation to making etc. of instrument of government E+W

2 (1) Before making an order under section 1 of this Act embodying the first instrument of government for any group; the local education authority shall consult the governing body and head teacher of each school within the group and, where the group contains one or more voluntary schools, shall—

(a) secure the agreement of the governing body of each such school to the terms of the proposed order;

(b) secure the agreement of the foundation governors of each such school to any provisions which will be of particular concern to the foundation governors of the group; and

(c) have regard to the way in which those schools have been conducted.

(2) Where such an order has been made, subsections (1) to (6) of section 2 of this Act shall apply in relation to any subsequent order embodying or varying the instrument of government for the group, or any proposal for the making of such an order—

(a) as if, in the case of a group which contains one or more voluntary schools, it were a single voluntary school; and

(b) as if, in any other case, it were a single county school.

(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 E+W

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 E+W

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 E+W

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.

Section 12(10).

SCHEDULE 2 E+W New Schools

Part I E+W 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.

Constitution of temporary governing body E+W

2 (1) Subject to the provisions of this Schedule, every temporary governing body shall be constituted—

(a) in accordance with the provisions of sections 3 and 7 of this Act, in the case of a school whose governing body will be required to be constituted in accordance with those provisions; and

(b) in accordance with the provisions of [F1 sections 4 and 4A] of this Act, in the case of a school whose governing body will be required to be constituted in accordance with those provisions.

(2) For the purpose of the application of section 3, 4 [F2 4A] or 7 of this Act in relation to the constitution of its temporary governing body, a new school shall be treated as having as registered pupils the maximum number of pupils referred to—

(a) in the relevant proposal; or

F3 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) In co-opting any person (otherwise than as a temporary foundation or teacher governor) to be a member of a temporary governing body of a new school which will be a county, controlled or maintained special school, the temporary governors concerned shall—

(a) have regard—

(i) to the extent to which they and the other temporary governors are members of the local business community; and

(ii) to any representations made to the temporary governing body as to the desirability of increasing the connection between the temporary governing body and that community; and

(b) where it appears to them that no temporary governor of the new school is a member of the local business community, or that it is desirable to increase the number of temporary governors who are, co-opt a person who appears to them to be a member of that community.

(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.

Textual Amendments

F1 Words in Sch. 2 para. 2(1)(b) substituted (1.1.1994) by 1993 c. 35, s. 307(1), Sch. 19 para. 109(a); S.I. 1993/3106, art. 4, Sch. 1

F2 Word in Sch. 2 para. 2(2) inserted (1.1.1994) by 1993 c. 35, s. 307(1), Sch. 19 para. 109(b)(i); S.I. 1993/3106, art. 4, Sch. 1

F3 Sch. 2 para. 2(2)(b) repealed (1.4.1994) by 1993 c. 35, s. 303(4), 307(1)(3), Sch. 19 para. 109(b)(ii), Sch. 21 Pt. I; S.I. 1994/507, art. 4, Sch.2

Part II E+W School Government

Transition from temporary governing body to governing body E+W

3 (1) The requirement for there to be an instrument of government for a school to which section 1 of this Act applies shall take effect in relation to a new school from the date on which the relevant proposal is implemented.

(2) When that requirement takes effect, paragraph 2(2) above shall apply in relation to the governing body of the school as it applied in relation to its temporary governing body and shall continue to apply, for the purposes of determining (at any time after the governing body is first constituted) what provision would be required to be made by a new instrument of government for the school, until such time as—

(a) the number of registered pupils at the school reaches the maximum referred to in paragraph 2(2); or

(b) the local education authority exercise the power conferred on them by virtue of sub-paragraph (3) below.

(3) The instrument of government for every school to which paragraph 2(2) above applies at the time when it is made shall provide for the local education authority to have power to direct that that paragraph shall cease to apply in relation to the school.

(4) The local education authority shall secure that the governing body of any new school is constituted—

(a) as soon as is reasonably practicable after the requirement for there to be an instrument of government for the school takes effect; and

(b) in any event not later than the last day of the term in which pupils first attend the new school or (as the case may be) first attend the school after it becomes a maintained school.

(5) Where the requirement for there to be an instrument of government for a new school has taken effect, the temporary governing body of the school shall, until such time as the governing body is constituted—

(a) continue in existence (notwithstanding that the arrangement under which they were constituted has come to an end by virtue of paragraph 5 below); and

(b) be treated as if they were the governing body.

(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 E+W

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 [F4 12(4)] of this Act and

(a) the proposal in question is withdrawn;

(b) the Secretary of State has decided not to approve that proposal F5 . . .

(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.

Textual Amendments

F4 Words in Sch. 2 para. 5(2) substituted (1.4.1994) by 1993 c. 35, ss. 307(1), 308(3), Sch. 19 para. 109(c); S.I. 1994/507, art. 4, Sch.2

F5 Words in Sch. 2 para. 5(2)(b) repealed (1.4.1994) by 1993 c. 35, ss. 303(4), 307(1)(3), Sch. 19 para. 109(c), Sch. 21 Pt.I; S.I. 1994/507, art. 4, Sch.2 Appendix

Composition of temporary governing body E+W

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 E+W

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

(b) where it is not reasonably practicable to appoint such a person, he is the parent of a child of compulsory school age.

(7) No person shall be appointed under sub-paragraph (1) as a temporary parent governor of a new school if he is—

(a) an elected member of the authority;

(b) an employee of the authority or of the governing body of any aided school maintained by the authority; F6 . . .

F6 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

F6 Sch. 2 para. 7(7)(c) and the word preceding it repealed (1.4.1994) by 1993 c. 35, s. 307(1)(3), Sch. 19 para. 109(d), Sch. 21 Pt.II; S.I. 1994/507, art. 4, Sch.2 Appendix

Temporary teacher governors E+W

8 (1) Subject to paragraph 7(2) above, the temporary teacher governors of a new school shall be co-opted by a resolution passed at a meeting of those temporary governors who have not themselves been co-opted.

(2) No person shall be appointed as a temporary teacher governor of a new school unless he is employed as a teacher in a school maintained by a local education authority.

Duty to appoint suitably experienced members E+W

9 (1) Any person [F7 other than a person who is to be named in the instrument of government as a sponsor of the school] appointing a person as a temporary governor of a new school shall have regard to the desirability of that person being suitably experienced.

(2) For the purposes of this paragraph, a person is suitably experienced if he has served as a governor or temporary governor of a school and, in particular (in a case where registered pupils at another school which has been, or is to be, discontinued are expected to transfer to the new school), if he has served as a governor or temporary governor of that other school.

Textual Amendments

F7 Words in Sch. 2 para. 9(1) inserted (1.1.1994) by 1993 c. 35, s. 307(1), Sch. 19 para. 109(e); S.I. 1993/3106, art. 4, Sch. 1

Proceedings etc. E+W

10 (1) The proceedings of a temporary governing body shall not be invalidated by—

(a) any vacancy among their number; or

(b) any defect in the appointment of any temporary governor.

(2) Any member of a temporary governing body may at any time resign his office, or be removed from office, in the same way as a member of a governing body constituted under an instrument of government.

(3) The minutes of the proceedings of any temporary governing body shall be open to inspection by the local education authority.

(4) The Secretary of State may by regulations make similar provision in relation to temporary governing bodies and their members as may be made in relation to governing bodies and their members under section 8 of this Act.

Subordinate Legislation Made

P1 Sch. 2 para. 10(4): s. 8(6) (with ss. 8(7), 63 and Sch. 2 para. 10(4)) power exercised (17.12.1991) by S.I.1991/2845

Miscellaneous E+W

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 E+W Organisation and Functions

General E+W

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 E+W

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 E+W

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 E+W

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. F8 E+W

Textual Amendments

F8 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 E+W

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 E+W

18 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.

Modifications etc. (not altering text)

C1 Sch. 2 Pt. III para. 18 excluded by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 48, 231(7), 235(6), Sch. 4 para. 2(10)

Admission of pupils E+W

19 (1) The initial arrangements for the admission of pupils to a new school shall be made—

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

(b) where it will be an aided school, by the temporary governing body or, where that body have not been constituted and the promoters consider that it is expedient for the arrangements to be determined without delay, by the promoters.

(2) Any person making any initial arrangements under this paragraph shall have regard to the arrangements in force for the admission of pupils to comparable schools in the area of the local education authority.

(3) Before making any such initial arrangements for a new school which will be a county school, the authority shall consult the temporary governing body unless—

(a) that body have not been constituted; and

(b) the authority consider that it is expedient for the initial arrangements to be determined without delay.

(4) Before making any such initial arrangements for a new school which will be a controlled school, the authority shall consult—

(a) the temporary governing body; or

(b) where that body have not been constituted, the promoters.

(5) Before making any such initial arrangements for a new school which will be an aided school, the temporary governing body or (as the case may be) the promoters shall consult the authority.

(6) Sections 6 to 8 of the 1980 Act (admission to schools) shall have effect, in relation to any new school, as if the references to governors included references to the person responsible for the admission of pupils under the initial arrangements for that school.

Appointment of staff etc. at new aided schools E+W

20 (1) For the purposes of the appointment and dismissal of staff at any new school which will be an aided school, the local education authority and the temporary governing body shall (subject to sub-paragraph (2) below) have the same powers, and be under the same duties, as would the authority and the governing body for an aided school whose articles of government provided for—

(a) staff employed solely in connection with the provision of school meals to be appointed by the authority; and

(b) other staff employed at the school to be appointed by the governing body.

(2) The first appointment of a clerk to the temporary governing body of any such school shall be made by the promoters.

(3) Where the arrangement for the constitution of a temporary governing body of any such 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 their clerk.

(4) The authority shall, with a view to enabling staff to be appointed in good time, notify the temporary governing body of every such school of the steps (if any) which they intend to take in respect of the school under sections 22(4) and 24(2) of the 1944 Act (powers of authority in relation to certain staff).

(5) Paragraphs 21 to 25 and 26 (1) and (2) below shall not apply in relation to any such school.

Modifications etc. (not altering text)

C2 Sch. 2 Pt. III para. 20 excluded by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 48, 231(7), 235(6), Sch. 4 para. 4(5)

Determination of staff complement E+W

21 (1) Where a temporary governing body have been constituted for a new school, the complement of teaching and non-teaching posts for the school shall be determined by the local education authority.

(2) Section 34(2) and (3) of this Act shall apply in relation to any complement determined under this paragraph.

Modifications etc. (not altering text)

C3 Sch. 2 paras. 21–25, 26(1)(2), 30(2) excluded by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 48, 231(7), 235(6), Sch. 4 para. 4(4)

The selection panel E+W

22 (1) Whenever a selection panel is required by virtue of paragraph 23 or 25 below, it shall be constituted in accordance with this paragraph.

(2) A selection panel shall consist of such number of persons appointed to it by the local education authority, and such number of temporary governors appointed to it by the temporary governing body, as the authority shall determine.

(3) The number so determined shall—

(a) in each case, be not less than three; and

(b) in relation to appointments made by the temporary governing body, be not less than the number determined in relation to appointments made by the authority.

(4) The temporary governing body and the authority shall have power to replace, at any time, any member of a selection panel whom they have appointed.

(5) The Secretary of State may by regulations make provision, for the purposes of this paragraph, as to the meetings and proceedings of selection panels.

Modifications etc. (not altering text)

C4 Sch. 2 paras. 21–25, 26(1)(2), 30(2) excluded by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 48, 231(7), 235(6), Sch. 4 para. 4(4)

Appointment of head teacher and acting head teacher E+W

23 (1) Subject to sub-paragraphs (2) and (3) below, the same provision shall apply in relation to the appointment of a head teacher for a new school for which a temporary governing body have been constituted as is required to be made in relation to the appointment of a head teacher by the articles of government of a school to which section 37 of this Act applies.

(2) Where—

(a) two or more schools 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, 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.

Modifications etc. (not altering text)

C5 Sch. 2 paras. 21–25, 26(1)(2), 30(2) excluded by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 48, 231(7), 235(6), Sch. 4 para. 4(4)

Appointment of certain other staff E+W

24 (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.

Modifications etc. (not altering text)

C6 Sch. 2 paras. 21–25, 26(1)(2), 30(2) excluded by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 48, 231(7), 235(6), Sch. 4 para. 4(4)

Appointment of deputy head teacher E+W

25 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.

Modifications etc. (not altering text)

C7 Sch. 2 paras. 21–25, 26(1)(2), 30(2) excluded by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 48, 231(7), 235(6), Sch. 4 para. 4(4)

Appointment of clerk to temporary governing body E+W

26 (1) 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.

(2) 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.

Modifications etc. (not altering text)

C8 Sch. 2 paras. 21–25, 26(1)(2), 30(2) excluded by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 48, 231(7), 235(6), Sch. 4 para. 4(4)

Part IV E+W Miscellaneous

Travelling and subsistence allowances etc. E+W

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. E+W

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 E+W

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 E+W

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.

(2) 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.

(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.

Modifications etc. (not altering text)

C9 Sch. 2 paras. 21–25, 26(1)(2), 30(2) excluded by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 48, 231(7), 235(6), Sch. 4 para. 4(4)

C10 Sch. 2 para. 30(3) excluded by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 48, 231(7), 235(6), Sch. 4 para. 4(5)

Section 26 (4).

SCHEDULE 3 E+W Exclusion on Discipline Grounds: Appeals

General E+W

F9 1 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, when (following the consideration which they are required to give to the case by virtue of section 24(a) of this Act) they inform a pupil, or a parent of his, of their decision that he should not be reinstated, to give to the pupil or (as the case may be) parent notice in writing—

(a) of his right to appeal against the decision,

(b) of the last date on which an appeal may be made calculated in accordance with paragraph 3A(1) below,

(c) of the right of the pupil or (as the case may be) parent to give notice under paragraph 3A(2) below stating that he does not intend to appeal, and

(d) that no appeal may be made after notice under paragraph 3A(2) below is given.

Textual Amendments

F9 Sch. 3 para. 1 substituted (1.9.1994) by S.I. 1994/2092, art.3 (with art. 11)

F10 2 The articles of government for every aided and special agreement school shall provide for it to be the duty of the governing body, when (following the consideration which they are required to give to the case by virtue of section 25(a) of this Act) they inform a pupil, or a parent of his, of their decision that he should not be reinstated, to give to the pupil or (as the case may be) parent notice in writing—

(a) of his right to appeal against the decision,

(b) of the last date on which an appeal may be made calculated in accordance with paragraph 3A(1) below,

(c) of the right of the pupil or (as the case may be) parent to give notice under paragraph 3A(2) below stating that he does not intend to appeal, and

(d) that no appeal may be made after notice under paragraph 3A(2) below is given.

Textual Amendments

F10 Sch. 3 para. 2 substituted (1.9.1994) by S.I. 1994/2092, art.4 (with art. 11)

3 (1) Where, in accordance with any provision of the articles of government of any school made by virtue of section 24(a) of this Act, the local education authority give a direction to the head teacher of the school for the reinstatement of any pupil who has been excluded, the direction shall not have effect for a period [F11 ending with the fifth school day ending after] the governing body are informed of the direction by the authority unless, within that period, the governing body inform the authority that they do not intend to appeal against the direction.

(2) Where, before the end of that period, the governing body lodge an appeal against the direction in accordance with the relevant arrangements—

(a) the local education authority shall [F12 before the end of the fourth school day after the day on which the appeal is lodged,] inform the pupil (if he is aged eighteen or over) or his parent (if he is under eighteen) of his right to make representations to the appeal committee; and

(b) the direction shall not have effect unless it is confirmed by the appeal committee or the appeal is withdrawn.

(3) No appeal against such a direction may be made by the governing body after the direction has taken effect.

Textual Amendments

F11 Words in Sch. 3 para. 3(1) substituted (1.9.1994) by S.I. 1994/2092, art. 5(a) (with art. 11)

F12 Words in Sch. 3 para. 2(a) inserted (1.9.1994) by S.I. 1994/2092, art. 5(b) (with art. 11)

F13 3A (1) No appeal under section 26(1)(a) or (2) of this Act against a decision not to reinstate a pupil may be made after the fifteenth school day after the day on which the pupil (if he is aged eighteen or over) or a parent of his (if he is under eighteen) is given notice in writing in accordance with paragraph 1 or 2 above.

(2) Any notice in writing given to the body responsible for making any arrangements under section 26 of this Act by a pupil (if he is aged eighteen or over) or a parent of his (if he is under eighteen) stating that he does not intend to appeal against a decision not to reinstate the pupil shall be final.

(3) The time limit for appealing under section 26 of this Act shall be treated as having expired on the day on which notice is given under sub-paragraph (2), if earlier than the day after which no appeal may be made referred to in sub-paragraph (1).

Textual Amendments

F13 Sch. 3 para. 3A inserted (1.9.1994) by S.I. 1994/2092, art. 6 (with art. 11)

4 Part I of Schedule 2 of the 1980 Act (constitution of appeal committees) shall have effect in relation to appeals with the necessary modifications.

5 The Secretary of State may by order amend this Schedule.

General E+W

F9 1 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, when (following the consideration which they are required to give to the case by virtue of section 24(a) of this Act) they inform a pupil, or a parent of his, of their decision that he should not be reinstated, to give to the pupil or (as the case may be) parent notice in writing—

(a) of his right to appeal against the decision,

(b) of the last date on which an appeal may be made calculated in accordance with paragraph 3A(1) below,

(c) of the right of the pupil or (as the case may be) parent to give notice under paragraph 3A(2) below stating that he does not intend to appeal, and

(d) that no appeal may be made after notice under paragraph 3A(2) below is given.

Textual Amendments

F9 Sch. 3 para. 1 substituted (1.9.1994) by S.I. 1994/2092, art.3 (with art. 11)

F10 2 The articles of government for every aided and special agreement school shall provide for it to be the duty of the governing body, when (following the consideration which they are required to give to the case by virtue of section 25(a) of this Act) they inform a pupil, or a parent of his, of their decision that he should not be reinstated, to give to the pupil or (as the case may be) parent notice in writing—

(a) of his right to appeal against the decision,

(b) of the last date on which an appeal may be made calculated in accordance with paragraph 3A(1) below,

(c) of the right of the pupil or (as the case may be) parent to give notice under paragraph 3A(2) below stating that he does not intend to appeal, and

(d) that no appeal may be made after notice under paragraph 3A(2) below is given.

Textual Amendments

F10 Sch. 3 para. 2 substituted (1.9.1994) by S.I. 1994/2092, art.4 (with art. 11)

3 (1) Where, in accordance with any provision of the articles of government of any school made by virtue of section 24(a) of this Act, the local education authority give a direction to the head teacher of the school for the reinstatement of any pupil who has been excluded, the direction shall not have effect for a period [F11 ending with the fifth school day ending after] the governing body are informed of the direction by the authority unless, within that period, the governing body inform the authority that they do not intend to appeal against the direction.

(2) Where, before the end of that period, the governing body lodge an appeal against the direction in accordance with the relevant arrangements—

(a) the local education authority shall [F12 before the end of the fourth school day after the day on which the appeal is lodged,] inform the pupil (if he is aged eighteen or over) or his parent (if he is under eighteen) of his right to make representations to the appeal committee; and

(b) the direction shall not have effect unless it is confirmed by the appeal committee or the appeal is withdrawn.

(3) No appeal against such a direction may be made by the governing body after the direction has taken effect.

Textual Amendments

F11 Words in Sch. 3 para. 3(1) substituted (1.9.1994) by S.I. 1994/2092, art. 5(a) (with art. 11)

F12 Words in Sch. 3 para. 2(a) inserted (1.9.1994) by S.I. 1994/2092, art. 5(b) (with art. 11)

4 Part I of Schedule 2 of the 1980 Act (constitution of appeal committees) shall have effect in relation to appeals with the necessary modifications.

5 The Secretary of State may by order amend this Schedule.

Procedure E+W

6 An appeal shall be by notice in writing setting out the grounds on which it is made.

F14 6A The appeal committee shall meet to consider an appeal—

(a) within the period ending with the fifteenth school day after the day on which the appeal is lodged, or

(b) if the body responsible for making any arrangements under section 26 of this Act has determined a shorter period, within that period.

Textual Amendments

F14 Sch. 3 para. 6A inserted (1.9.1994) by S.I. 1994/2092, art.7 (with art. 11)

7 On an appeal by a pupil or parent, the appeal committee—

(a) shall afford the appellant an opportunity of appearing and making oral representations;

(b) may allow him to be accompanied by a friend or to be represented; and

(c) shall allow—

(i) the local eduction authority and the governing body to make written representations to the committee; [F15 and]

(ii) an officer of the authority nominated by the authority, and a governor nominated by the governing body, to appear and make oral representations.

Textual Amendments

F15 Word in Sch. 3 para. 7(c) substituted (10.12.1993) by S.I. 1993/2827, art.2

8 On an appeal by a governing body, the appeal committee—

(a) shall afford a governor nominated by the governing body an opportunity of appearing and making oral representations;

(b) shall afford the governing body an opportunity to be represented;

(c) shall allow the pupil, if he is aged eighteen or over, or a parent of his, if he is under eighteen, to make written representations to the committee [F16 and] to appear and make oral representations; and

(d) shall allow the local education authority to make written representations [F16 and] an officer of the authority nominated by them to appear and make oral representations.

Textual Amendments

F16 Words in Sch. 3 para. 8(c)(d) substituted (10.12.1993) by S.I. 1993/2709, art. 2

9 [F17 (1)]The body responsible for making any arrangements under section 26 of this Act shall, in setting any time limits in connection with appeals, have regard to the desirability of securing that appeals are disposed of without delay.

[F18 (2) The body responsible for making any arrangements under section 26 of this Act may when requested to do so by a pupil (if he is aged eighteen or over) or a parent of his (if he is under eighteen) who has appealed under section 26(1)(a) or (2) of this Act, in exceptional circumstances extend any period in which an appeal committee may hear an appeal and for communicating its decision.]

Textual Amendments

F17 Sch. 3 para. 9 renumbered (1.9.1994) as Sch. 3 para. 9(1) by S.I. 1994/2092, art. 8(1) (with art. 11)

F18 Sch. 3 para. 9(2) inserted (1.9.1994) by S.I. 1994/2092, art. 8(2) (with art. 11)

10 In considering any appeal, the appeal committee shall take into account (amongst other things) any representations made to it by any of the persons whom it is required to afford an opportunity to make representations.

11 In the event of a disagreement between the members of an appeal committee the appeal under consideration shall be decided by a simple majority of the votes cast and in the case of an equality of votes the chairman of the committee shall have a second or casting vote.

12 [F19 Within—

(a) the period ending with the seventeenth school day after the day on which the appeal is lodged, or

(b) if the body responsible for making any arrangements under section 26 of this Act has determined a shorter period, that period,]

the decision of an appeal committee and the grounds on which it is made shall be communicated by the committee in writing to the pupil (if he is aged eighteen or over) or a parent of his (if he is under eighteen) and to the local education authority and governing body.

Textual Amendments

F19 Words in Sch. 3 para. 12 inserted (1.9.1994) by S.I. 1994/2092, art.9 (with art. 11)

13 All appeals shall be heard in private except when otherwise directed by the authority or governing body by whom the arrangements are made but, without prejudice to any of the provisions of this Schedule—

(a) a member of the local education authority may attend any hearing of an appeal by an appeal committee, as an observer; and

(b) any member of the Council on Tribunals may attend any meeting of any appeal committee at which an appeal is considered, as an observer.

14 Two or more appeals may be combined and dealt with in the same proceedings if the appeal committee consider that it is expedient to do so because the issues raised by the appeals are the same or connected.

15 Subject to the preceding provisions of this Schedule, all matters relating to the procedure on appeals, including the time within which they are to be brought, shall be determined by the authority or governing body by whom the arrangements are made; and neither section 106 of the M1 Local Government Act 1972 nor paragraph 44 of Schedule 12 to that Act (procedure of committees of local authorities) shall apply to an appeal committee constituted in accordance with Part I of Schedule 2 to the Act of 1980.

Marginal Citations

M1 1972 c. 70.

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

F20 17 (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.

Textual Amendments

F20 Sch. 3 para. 17 inserted (1.9.1994) by S.I. 1994/2092, art.10 (with art. 11)

Procedure E+W

6 An appeal shall be by notice in writing setting out the grounds on which it is made.

7 On an appeal by a pupil or parent, the appeal committee—

(a) shall afford the appellant an opportunity of appearing and making oral representations;

(b) may allow him to be accompanied by a friend or to be represented; and

(c) shall allow—

(i) the local eduction authority and the governing body to make written representations to the committee; [F15 and]

(ii) an officer of the authority nominated by the authority, and a governor nominated by the governing body, to appear and make oral representations.

Textual Amendments

F15 Word in Sch. 3 para. 7(c) substituted (10.12.1993) by S.I. 1993/2827, art.2

8 On an appeal by a governing body, the appeal committee—

(a) shall afford a governor nominated by the governing body an opportunity of appearing and making oral representations;

(b) shall afford the governing body an opportunity to be represented;

(c) shall allow the pupil, if he is aged eighteen or over, or a parent of his, if he is under eighteen, to make written representations to the committee [F16 and] to appear and make oral representations; and

(d) shall allow the local education authority to make written representations [F16 and] an officer of the authority nominated by them to appear and make oral representations.

Textual Amendments

F16 Words in Sch. 3 para. 8(c)(d) substituted (10.12.1993) by S.I. 1993/2709, art. 2

9 [F17 (1)]The body responsible for making any arrangements under section 26 of this Act shall, in setting any time limits in connection with appeals, have regard to the desirability of securing that appeals are disposed of without delay.

[F18 (2) The body responsible for making any arrangements under section 26 of this Act may when requested to do so by a pupil (if he is aged eighteen or over) or a parent of his (if he is under eighteen) who has appealed under section 26(1)(a) or (2) of this Act, in exceptional circumstances extend any period in which an appeal committee may hear an appeal and for communicating its decision.]

Textual Amendments

F17 Sch. 3 para. 9 renumbered (1.9.1994) as Sch. 3 para. 9(1) by S.I. 1994/2092, art. 8(1) (with art. 11)

F18 Sch. 3 para. 9(2) inserted (1.9.1994) by S.I. 1994/2092, art. 8(2) (with art. 11)

10 In considering any appeal, the appeal committee shall take into account (amongst other things) any representations made to it by any of the persons whom it is required to afford an opportunity to make representations.

11 In the event of a disagreement between the members of an appeal committee the appeal under consideration shall be decided by a simple majority of the votes cast and in the case of an equality of votes the chairman of the committee shall have a second or casting vote.

12 [F19 Within—

(a) the period ending with the seventeenth school day after the day on which the appeal is lodged, or

(b) if the body responsible for making any arrangements under section 26 of this Act has determined a shorter period, that period,]

the decision of an appeal committee and the grounds on which it is made shall be communicated by the committee in writing to the pupil (if he is aged eighteen or over) or a parent of his (if he is under eighteen) and to the local education authority and governing body.

Textual Amendments

F19 Words in Sch. 3 para. 12 inserted (1.9.1994) by S.I. 1994/2092, art.9 (with art. 11)

13 All appeals shall be heard in private except when otherwise directed by the authority or governing body by whom the arrangements are made but, without prejudice to any of the provisions of this Schedule—

(a) a member of the local education authority may attend any hearing of an appeal by an appeal committee, as an observer; and

(b) any member of the Council on Tribunals may attend any meeting of any appeal committee at which an appeal is considered, as an observer.

14 Two or more appeals may be combined and dealt with in the same proceedings if the appeal committee consider that it is expedient to do so because the issues raised by the appeals are the same or connected.

15 Subject to the preceding provisions of this Schedule, all matters relating to the procedure on appeals, including the time within which they are to be brought, shall be determined by the authority or governing body by whom the arrangements are made; and neither section 106 of the M1 Local Government Act 1972 nor paragraph 44 of Schedule 12 to that Act (procedure of committees of local authorities) shall apply to an appeal committee constituted in accordance with Part I of Schedule 2 to the Act of 1980.

Marginal Citations

M1 1972 c. 70.

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

Section 67 (4).

SCHEDULE 4 U.K. Consequential Amendments

The Education Act 1944 (c.31) U.K.

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) U.K.

3 U.K. 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 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F21

Textual Amendments

F21 Sch. 4 para. 4 repealed by Education Reform Act 1988 (c. 40, SIF 41), ss. 231(7), 235(6), 237(2), Sch. 13 Pt. II

The Local Government Act 1974 (c.7) U.K.

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 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F22

Textual Amendments

F22 Sch. 4 para. 6 repealed by Employment Act 1989 (c. 38, SIF 43:1), s. 29(4), Sch. 7 Part II

7 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F23

Textual Amendments

F23 Sch. 4 para. 7 repealed by Statute Law (Repeals) Act 1989 (c. 43), s. 1(1), Sch. 1 Part XI

Section 67(5).

SCHEDULE 5 U.K. Transitional Provisions

Instruments of government for certain existing schools U.K.

1 (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 U.K.

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 U.K.

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.

Section 67 (6).

SCHEDULE 6 U.K. Repeals and Revocations

Part I U.K. 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 E+W+S Instruments Revoked

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