Part 4Schools causing concern: England
Intervention by F8local authority
I164Power of F7local authorityetc. to appoint additional governors
1
F11A
Subsection (1) does not apply if the Secretary of State has exercised the power under section 67 (power to appoint additional governors) in connection with—
a
the same warning notice, where the school is eligible for intervention by virtue of section 60 (school subject to performance standards and safety warning) or 60A (school subject to teachers' pay and conditions warning), or
b
the same inspection falling within section 61(a) or 62(a), where the school is eligible for intervention by virtue of section 61 (school requiring significant improvement) or 62 (school requiring special measures).
2
Where the school is eligible for intervention by virtue of section 60 (school subject to F3performance standards and safety warning) or 60A (school subject to teachers' pay and conditions warning), the power conferred by subsection (1) is only exercisable within the period of two months following the end of the compliance period (as defined by section 60(10) F4or as the case may be section 60A(10) ).
3
In relation to any appointment made by the F8local authority by virtue of subsection (1) to the governing body of a school, the instrument of government for the school has effect as if (despite anything in regulations under section 19 of EA 2002) it provided for the F8local authority to appoint such number of additional governors as they think fit.
4
If at any time—
a
a voluntary aided school other than one falling within section 61 or 62 is eligible for intervention by virtue of section 60 (school subject to F6performance standards and safety warning) or 60A (school subject to teachers' pay and conditions warning), and
b
F5c
the Secretary of State has not exercised the power under section 67 in connection with the same warning notice,
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.
5
Any additional foundation governors appointed under subsection (4)—
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.
6
If at any time—
a
a voluntary aided school is eligible for intervention by virtue of section 61 (school requiring significant improvement) or section 62 (school requiring special measures),
b
the Secretary of State has not exercised his power under section 67 (power to appoint additional governors) in connection with the same inspection falling within section 61(a) or 62(a),
c
the Secretary of State has not exercised his power under section 68 (power to direct closure of school), and
d
the appropriate appointing authority have received a notice in writing from the Secretary of State informing them that he has received a notice under section 13(3)(a) of EA 2005 from the Chief Inspector,
the appropriate appointing authority may appoint such number of additional foundation governors as they think fit.
7
In the case of any appointment made by virtue of subsection (4) or (6) to the governing body of a school, the instrument of government for the school has effect as if (despite anything in regulations under section 19 of EA 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 (4) or (6) (as the case may be).
8
Subject to subsection (9), 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 or a Roman Catholic Church school; or
b
in any other case, to the person or persons by whom the foundation governors are appointed.
9
Where, in the case of any voluntary aided school not falling within subsection (8)(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.
Words in Pts. 1-7 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. 14(2)