School Standards and Framework Act 1998

Functions of governing body E+W

38 General responsibility of governing body for conduct of school. E+W

[F1 (1) Subject to any other statutory provision, the conduct of a maintained school shall be under the direction of the school’s governing body.

(2) The governing body shall conduct the school with a view to promoting high standards of educational achievement at the school.

(3) Regulations may—

(a) set out terms of reference for governing bodies of maintained schools;

(b) define the respective roles and responsibilities of governing bodies and head teachers of such schools, whether generally or with respect to particular matters, including the curriculum for such schools;

(c) confer functions on governing bodies and head teachers of such schools.

(4) The governing body of a maintained school shall, in discharging their functions, comply with—

(a) the instrument of government; and

(b) (subject to any other statutory provision) any trust deed relating to the school.]

Textual Amendments

F1 Ss. 36-44 repealed (1.10.2002 for E. for specified purposes, 1.4.2003 for E. for specified purposes, 1.9.2003 for E. In so far as not already in force, 31.3.2004 for W. for specified purposes, 1.9.2004 for W. for specified purposes, 31.10.2005 for W. for specified purposes, 31.3.2008 for W. in so far as not already in force) by Education Act 2002 (c. 32), s. 216(4), Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3; S.I. 2003/124, art. 4; S.I. 2003/1667, art. 4 (with art. 6, Sch. para. 4); S.I. 2004/912, art. 4, Sch. Pt. 1; S.I. 2004/1728, art. 5, Sch. Pt. 2; S.I. 2005/2910, art. 4, Sch.; S.I. 2007/3611, art. 4(2), Sch. Pt. 2

Commencement Information

I1 S. 38 wholly in force at 1.9.1999; s. 38 not in force at Royal Assent see s. 145(3); s. 38(3) in force at 1.10.1998 by S.I. 1998/2212, art. 2, Sch. 1, Pt. I; s. 38 in force at 1.9.1999 in so far as not already in force by S.I. 1999/2323, art. 2(1), Sch. 1 (with arts. 3-5, Schs. 5-7).

39 Additional functions of governing body. E+W

[F1 (1) The governing body of a maintained school shall in accordance with regulations—

(a) establish procedures for dealing with all complaints relating to the school other than those falling to be dealt with in accordance with any procedures required to be established in relation to the school by virtue of any other statutory provision; and

(b) publicise the procedures so established.

(2) The governing body of a maintained school may require pupils in attendance at the school to attend at any place outside the school premises for the purpose of receiving any instruction or training included in the secular curriculum for the school.

(3) The governing body and head teacher of—

(a) a community or voluntary controlled school, or

(b) a community special school,

shall comply with any direction given to them by the local education authority concerning the health or safety of persons on the school’s premises or taking part in any school activities elsewhere.]

Textual Amendments

F1 Ss. 36-44 repealed (1.10.2002 for E. for specified purposes, 1.4.2003 for E. for specified purposes, 1.9.2003 for E. In so far as not already in force, 31.3.2004 for W. for specified purposes, 1.9.2004 for W. for specified purposes, 31.10.2005 for W. for specified purposes, 31.3.2008 for W. in so far as not already in force) by Education Act 2002 (c. 32), s. 216(4), Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3; S.I. 2003/124, art. 4; S.I. 2003/1667, art. 4 (with art. 6, Sch. para. 4); S.I. 2004/912, art. 4, Sch. Pt. 1; S.I. 2004/1728, art. 5, Sch. Pt. 2; S.I. 2005/2910, art. 4, Sch.; S.I. 2007/3611, art. 4(2), Sch. Pt. 2

Commencement Information

I2 S. 39 partly in force; s. 39 not in force at Royal Assent see s. 145(3); s. 39(1) in force for certain purposes at 1.10.1998 by S.I. 1998/2212, art. 2, Sch. 1, Pt. I; s. 39(2)(3) in force at 1.9.1999 by S.I. 1999/2323, art. 2(1), Sch. 1 (with arts. 3-5, Schs. 5-7).