- Latest available (Revised)
- Point in Time (01/02/2008)
- Original (As enacted)
Version Superseded: 12/01/2010
Point in time view as at 01/02/2008. This version of this provision has been superseded.
You are viewing this legislation item as it stood at a particular point in time. A later version of this or provision, including subsequent changes and effects, supersedes this version.
Note the term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section.
School Standards and Framework Act 1998, Section 18 is up to date with all changes known to be in force on or before 09 September 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.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
[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
F1Word in s. 18 heading substituted (1.4.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 7 para. 10(4); S.I. 2007/935, art. 5(cc)
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
F4Words in s. 18 substituted (1.4.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 7 para. 10(2); S.I. 2007/935, art. 5(cc)
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.
F6Words in s. 18(6) substituted (1.4.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 7 para. 10(3); S.I. 2007/935, art. 5(cc)
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)
C1S. 18(1) modified (E.) (2.9.2002) by The Education Act 2002 (Transitional Provisions etc.) (England) Regulations 2002 (S.I. 2002/2113), reg. 4(b)
S. 18(1) modified (W.) (19.12.2002) by The Education Act 2002 (Transitional Provisions) (Wales) Regulations 2002 (S.I. 2002/3184), reg. 3(b)
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: