Education (No. 2) Act 1986

1 Instruments of government and articles of government

(1) For every county, voluntary and maintained special school there shall be—

(a) an instrument providing for the constitution of a governing body of the school (to be known as the instrument of government); and

(b) an instrument in accordance with which the school is to be conducted (to be known as the articles of government).

(2) The instrument of government and articles of government shall be made by order of the local education authority.

(3) The instrument of government shall contain such provisions as are required either by Part II of this Act (which is concerned, among other things, with the size and composition of governing bodies and the procedures for electing members and filling vacancies) or by any other enactment.

(4) The articles of government shall contain such provisions as are required either by Part III of this Act (which is concerned, among other things, with the manner in which schools are to be conducted and the allocation of functions between the local education authority, the governing body and the head teacher) or by any other enactment.

(5) The instrument of government and articles of government shall—

(a) contain no provision which is inconsistent with any provision made by or under this Act or any other enactment ; and

(b) comply with any trust deed relating to the school.

(6) This section is subject to the following provisions of this Act—

(a) 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).