Education Act 1996

236 Determination of initial first or foundation governors

(1) Where proposals are required to be published under section 193 in respect of a county school, the existing governing body shall select the persons who are to be the initial first governors.

(2) Where proposals are required to be published under section 193 in respect of a voluntary school, the person or persons named in the school’s instrument of government as being entitled to appoint foundation governors (as defined by section 78(2)) to the existing governing body shall select the persons who are to be the initial foundation governors.

(3) The duties under subsections (1) and (2) are to be complied with, if possible, before the date of publication of the proposals and otherwise as soon as possible after that date.

(4) Any person selected under subsection (1) or (2) shall, if possible, be named in the proposals as published as a proposed initial first or, as the case may be, foundation governor.

(5) In the case of any person so selected who is not named in the proposals as published, the existing governing body shall—

(a) give the Secretary of State notice in writing of the relevant particulars in respect of the person selected before such date as may be specified in directions given by the Secretary of State, and

(b) publish at such time and in such manner as may be prescribed notice of his selection.

(6) Where the Secretary of State is notified of any particulars under subsection (5), he shall modify the proposals by including in them the particulars notified to him.

(7) The existing governing body shall secure that any selection required by subsection (2) is carried out in accordance with that subsection.

(8) Where any selection falls in accordance with subsection (2) to be made by two or more persons, it shall be made by those persons acting jointly; and if they fail to agree on the selection it shall be made by the Secretary of State or in accordance with directions given by him.

(9) Before selecting, or giving any direction as to the selection of, an initial foundation governor in a case where religious education in accordance with the tenets of a particular religion or religious denomination is given to pupils at the school in pursuance of section 377 or 378 (religious education at voluntary schools), the Secretary of State shall consult the persons appearing to him to be the appropriate authority of the religion or denomination concerned.