Education Act 1996

2 (1) Subject to sub-paragraph (2), where the instrument of government for a county, controlled or maintained special school provides for one or more persons to be co-opted by governors as members of the governing body, it shall not make any provision which has the effect of restricting those governors in their choice of person to co-opt.

(2) The instrument of government for a county, controlled or maintained special school shall require the governors concerned, in co-opting a person to be a member of the governing body—

(a) to have regard—

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

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

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

(3) In this paragraph references to the co-option of governors—

(a) are to the co-option of governors required to be co-opted by virtue of section 79; but

(b) do not include the co-option of foundation governors.