Education (No. 2) Act 1986

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) county, voluntary and maintained special schools; and

(b) any establishment which is maintained by a local education authority and for which section 1 of the 1968 (No. 2) Act (government and conduct of colleges of education and other institutions providing further education) requires there to be an instrument of government.

(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.

(3) A local education authority shall not make any payment towards the cost of travelling or subsistence allowances for any governor of a designated establishment of further education 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.

(4) In this section " designated establishment of further education " means an establishment of further education designated by or under regulations made under section 27 of the 1980 Act as an establishment substantially dependent for its maintenance on assistance from local education authorities or on grants under section 100(1)(b) of the 1944 Act.

(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—

(a) establishments of further education which are not maintained or assisted by them ; 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.