7(1)In this paragraph “relevant English authority” means a local authority in England [F1which has education functions].E+W
(2)This paragraph applies to an overview and scrutiny committee of a relevant English authority if the committee’s functions under section 21 relate wholly or partly to any education functions which are the responsibility of the authority’s executive.
(3)This paragraph also applies to a sub-committee of an overview and scrutiny committee of a relevant English authority if the sub-committee’s functions under section 21 relate wholly or partly to any education functions which are the responsibility of the authority’s executive.
(4)In the case of a relevant English authority which maintain one or more Church of England schools, an overview and scrutiny committee or sub-committee to which this paragraph applies must include at least one qualifying person.
(5)A person is a qualifying person for the purposes of sub-paragraph (4) if he is nominated by the Diocesan Board of Education for any Church of England diocese which falls wholly or partly in the authority concerned’s area.
(6)In the case of a relevant English authority which maintain one or more Roman Catholic Church schools, an overview and scrutiny committee or sub-committee to which this paragraph applies must include at least one qualifying person.
(7)A person is a qualifying person for the purposes of sub-paragraph (6) if he is nominated by the bishop of any Roman Catholic diocese which falls wholly or partly in the authority concerned’s area.
(8)A member of an overview and scrutiny committee or sub-committee appointed by virtue of sub-paragraph (4) or (6) is to be entitled to vote at a meeting of the committee or sub-committee on any question—
(a)which relates to any education functions which are the responsibility of the authority concerned’s executive, and
(b)which falls to be decided at the meeting.
(9)The Secretary of State may by directions to a relevant English authority require any of the authority’s overview and scrutiny committees or sub-committees to which this paragraph applies to include persons who are appointed, in accordance with the directions, as representatives of the persons who appoint foundation governors for the foundation or voluntary schools maintained by the authority which are not Church of England schools or Roman Catholic Church schools but which are specified in the directions.
(10)Directions under sub-paragraph (9) may make provision with respect to the voting rights of persons appointed in accordance with such directions.
Textual Amendments
F1Words in Sch. 1 para. 7(1) substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 47(2)
Commencement Information
I1Sch. 1 para. 7 wholly in force at 28.7.2001; Sch. 1 para. 7 not in force at Royal Assent see s. 108; Sch. 1 para. 7 in force at 7.8.2000 in relation to England only by S.I. 2000/2187, arts. 1(3), 2(c); Sch. 1 para. 7 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)