School Standards and Framework Act 1998

16 Power of LEA to appoint additional governors. E+W

(1) If at any time this section applies to a maintained school in accordance with section 14(1), then (subject to subsections (2) and (3)) the local education authority may appoint such number of additional governors as they think fit.

(2) Where this section so applies in the case of a school falling within section 15(1) (school subject to formal warning), the power conferred by subsection (1) above is only exercisable within the period of two months following the end of the compliance period.

[F1 (3) Where this section so applies in the case of a school falling within section 15(4)(school [F2 with serious weaknesses] [F2 requiring significant improvement]) or section 15(6)(school requiring special measures), the power conferred by subsection (1) above is exercisable only if the following conditions are satisfied, namely—

(a) [F3 the Secretary of State has given the local education authority a notice under section 16A(3) of the School Inspections Act 1996, and]

[F3 the Chief Inspector has given the local education authority a notice under section 13(3)(a) or 37(2) of the Education Act 2005]

(b) a period of not less than ten days has elapsed since the date of the notice.]

(4) F4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) In relation to any appointment made by the local education authority by virtue of subsection (1) to the governing body of a school, the instrument of government for the school shall have effect as if [F5 (despite anything in regulations under section 19 of the Education Act 2002)] it provided for the local education authority to appoint such number of additional governors as they think fit.

(6) If at any time—

(a) this section applies to a voluntary aided school other than one falling within [F6 section 15(4) or (6)] , and

(b) the local education authority have exercised their power to appoint additional governors under subsection (1),

the appropriate appointing authority may appoint such number of additional foundation governors as is equal to the number of additional governors appointed by the authority.

(7) Any additional foundation governors appointed under subsection (6)—

(a) shall cease to hold office at the time when the additional governors appointed by the authority cease to do so; and

(b) shall not be eligible for re-appointment except where, and to the extent that, those governors are re-appointed.

(8) If—

(a) at any time this section applies to a voluntary aided school falling within [F7 section 15(4) or (6)] , and

[F8 (b) paragraph (a) of section 14(3) does not apply in connection with the same inspection falling within subsection (4)(a) or (6)(a) of section 15,]

the appropriate appointing authority may (subject to subsection (9)) appoint such number of additional foundation governors as they think fit.

[F9 (9) The power conferred by subsection (8) is only exercisable if the following conditions are satisfied, namely—

(a) the appropriate appointing authority have received a notice in writing from the Secretary of State informing them that he has received from the Chief Inspector a notice under [F10 section 16A(2) of the School Inspections Act 1996] [F10 section 13(3)(a) or 37(2) of the Education Act 2005], and

(b) a period of not less than ten days has elapsed since the date of the notice from the Secretary of State.]

(10) In the case of any appointment made by virtue of subsection (6) or (8) to the governing body of a school, the instrument of government for the school shall have effect as if [F11 (despite anything in regulations under section 19 of the Education Act 2002)] the instrument provided for the appropriate appointing authority to appoint such number of additional foundation governors as they are authorised to appoint under subsection (6) or (8) (as the case may be).

(11) Subject to subsection (12), references in this section to the appropriate appointing authority in relation to any voluntary aided school are references—

(a) to the appropriate diocesan authority, if it is a Church of England school, Church in Wales school or Roman Catholic Church school; or

(b) in any other case, to the person or persons by whom the foundation governors are appointed.

(12) Where, in the case of any voluntary aided school not falling within subsection (11)(a), there are different powers to appoint foundation governors, references in this section to the appropriate appointing authority are references—

(a) to all those persons who have any such power acting jointly, or

(b) if they are unable to agree, to such of them acting jointly, or such one of them, as the Secretary of State may, after consulting all those persons, determine.

[F12 (12A) The Secretary of State may in respect of any particular school determine that subsections (3)(b) and (9)(b) shall have effect as if the reference to ten days were to such shorter period as he may determine.]

(13) F13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 S. 16(3) substituted (2.9.2002 for E. and 19.12.2002 for W.) by Education Act 2002 (c. 32), ss. 56(3), 216, Sch. 5 para. 2(2) (with ss. 210(8), 214(4)); S.I. 2002/2002, art. 4; S.I. 2002/3185, art. 4, Sch. Pt. 1

F2 Words in s. 16(3) substituted (1.9.2005 for E., 1.9.2006 for W.) by Education Act 2005 (c. 18), s. 125(4), Sch. 9 para. 16(2)(a); S.I. 2005/2034, art. 4; S.I. 2006/1338, art. 3, Sch. 1

F3 S. 16(3)(a) substituted (1.9.2005 for E., 1.9.2006 for W.) by Education Act 2005 (c. 18), s. 125(4), Sch. 9 para. 16(2)(b); S.I. 2005/2034, art. 4; S.I. 2006/1338, art. 3, Sch. 1

F4 S. 16(4) repealed (2.9.2002 for E. and 19.12.2002 for W.) by Education Act 2002 (c. 32), ss. 56(3), 215(2), 216, Sch. 5 para. 2(3), Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2002/2002, art. 4; S.I. 2002/3185, art. 4, Sch. Pt. 1

F5 Words in s. 16(5) substituted (1.9.2003 for E., 31.10.2005 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 21 para. 93(2) (with ss. 210(8), 214(4)); S.I. 2003/1667, art. 4; S.I. 2005/2910, art. 4, Sch.

F6 Words in s. 16(6)(a) substituted (2.9.2002 for E. and 19.12.2002 for W.) by Education Act 2002 (c. 32), ss. 56(3), 216, Sch. 5 para. 2(4) (with ss. 210(8), 214(4)); S.I. 2002/2002, art. 4; S.I. 2002/3185, art. 4, Sch. Pt. 1

F7 Words in s. 16(8)(a) substituted (2.9.2002 for E. and 19.12.2002 for W.) by Education Act 2002 (c. 32), ss. 56(3), 216, Sch. 5 para. 2(5)(a) (with ss. 210(8), 214(4)); S.I. 2002/2002, art. 4; S.I. 2002/3185, art. 4, Sch. Pt. 1

F8 S. 16(8)(b) substituted (2.9.2002 for E. and 19.12.2002 for W.) by Education Act 2002 (c. 32), ss. 56(3), 216, Sch. 5 para. 2(5)(b) (with ss. 210(8), 214(4)); S.I. 2002/2002, art. 4; S.I. 2002/3185, art. 4, Sch. Pt. 1

F9 S. 16(9) substituted (2.9.2002 for E. and 19.12.2002 for W.) by Education Act 2002 (c. 32), ss. 56(3), 216, Sch. 5 para. 2(6) (with ss. 210(8), 214(4)); S.I. 2002/2002, art. 4; S.I. 2002/3185, art. 4, Sch. Pt. 1

F10 Words in s. 16(9)(a) substituted (1.9.2005 for E., 1.9.2006 for W.) by Education Act 2005 (c. 18), s. 125(4), Sch. 9 para. 16(3); S.I. 2005/2034, art. 4; S.I. 2006/1338, art. 3, Sch. 1

F11 Words in s. 16(10) substituted (1.9.2003 for E., 31.10.2005 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 21 para. 93(3) (with ss. 210(8), 214(4)); S.I. 2003/1667, art. 4; S.I. 2005/2910, art. 4, Sch.

F12 S. 16(12A) inserted (2.9.2002 for E. and 19.12.2002 for W.) by Education Act 2002 (c. 32), ss. 56(3), 216, Sch. 5 para. 2(7) (with ss. 210(8), 214(4)); S.I. 2002/2002, art. 4; S.I. 2002/3185, art. 4, Sch. Pt. 1

F13 S. 16(13) repealed (2.9.2002 for E. and 19.12.2002 for W.) by Education Act 2002 (c. 32), ss. 56(3), 216, 215(2), Sch. 5 para. 2(8), Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2002/2002, art. 4; S.I. 2002/3185, art. 4, Sch. Pt. 1

Modifications etc. (not altering text)

C1 S. 16 modified (E.) (2.9.2002) by The Education Act 2002 (Transitional Provisions etc.) (England) Regulations 2002 (S.I. 2002/2113), reg. 4(c)

S. 16 modified (W.) (19.12.2002) by The Education Act 2002 (Transitional Provisions) (Wales) Regulations 2002 (S.I. 2002/3184), reg. 3(c)

Commencement Information

I1 S. 16 wholly in force at 1.9.1999; s. 16 not in force at Royal Assent see s. 145(3); s. 16(1)-(5) and (13) in force at 1.10.1998 by S.I. 1998/2212, art. 2, Sch. 1 Pt. I; s. 16 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).