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School Standards and Framework Act 1998

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School Standards and Framework Act 1998, Section 18 is up to date with all changes known to be in force on or before 25 December 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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18 Power of [F1Assembly] to appoint additional governors.E+W

[F2(1)If at any time section 15 applies to a maintained school by virtue of either of the following provisions of that section, namely—

(a)subsection (4)(school [F3requiring significant improvement]), or

(b)subsection (6)(school requiring special measures),

[F4the Assembly] may appoint such number of additional governors as he thinks fit; and he may nominate one of those governors to be the chairman of the governing body in place of any person who has been elected as chairman of that body.]

(2)Before making any such appointment in relation to a voluntary aided school, [F4the Assembly] shall consult—

(a)in the case of a Church of England school, a Church in Wales school or a Roman Catholic Church school, the appropriate diocesan authority; or

(b)in any other case, the person who appoints the foundation governors.

(3)A governor appointed under this section—

(a)shall hold office as governor for such term, and

(b)if nominated as chairman of the governing body, shall be chairman of that body for such period,

as [F4the Assembly] may determine.

(4)[F4The Assembly] may pay to any governor appointed under this section such remuneration and allowances as [F4the Assembly] may determine.

(5)In relation to any appointment made by [F4the Assembly] 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 [F4the Assembly] to appoint such number of additional governors as he thinks fit.

(6)Where [F4the Assembly] has exercised [F6the Assembly's] power under this section in relation to a school, then—

(a)in any such case—

(i)the local education authority may not exercise their power under paragraph 1 of Schedule 15 to suspend the governing body’s right to a delegated budget, and

(ii)if they have already exercised that power or their power under section 17(1), [F4the Assembly] shall, if requested to do so by the governing body, revoke the suspension; and

(b)in the case of a voluntary aided school, nothing in [F7regulations under section 19 of the Education Act 2002] shall be read as authorising the appointment of foundation governors for the purpose of outnumbering the other governors as augmented by those appointed by [F4the Assembly] under this section.

(7)The revocation of a suspension under subsection (6)(a) shall—

(a)be notified to the local education authority in writing; and

(b)take effect from such date as is specified in that notification.

Textual Amendments

F2S. 18(1) substituted (2.9.2002 for E. and 19.12.2002 for W.) by Education Act 2002 (c. 32), ss. 56(1), 216 (with ss. 210(8), 214(4)); S.I. 2002/2002, art. 4; S.I. 2002/3185, art. 4, Sch. Pt. 1

F3Words in s. 18(1)(a) substituted (1.9.2005 for E., 1.9.2006 for W.) by Education Act 2005 (c. 18), s. 125(4), Sch. 9 para. 19; S.I. 2005/2034, art. 4; S.I. 2006/1338, art. 3, Sch. 1

F5Words in s. 18(5) substituted (1.9.2003 for E., 31.10.2005 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 21 para. 94(2) (with ss. 210(8), 214(4)); S.I. 2003/1667, art. 4; S.I. 2005/2910, art. 4, Sch.

F7Words in s. 18(6)(b) substituted (1.9.2003 for E., 31.10.2005 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 21 para. 94(3) (with ss. 210(8), 214(4)); S.I. 2003/1667, art. 4; S.I. 2005/2910, art. 4, Sch.

Modifications etc. (not altering text)

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