Education and Inspections Act 2006

67 Power of Secretary of State to appoint additional governors E+W

(1) If at any time a maintained school is eligible for intervention F1 ..., the Secretary of State 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, the Secretary of State must consult—

(a) the [F2 local authority],

(b) the governing body of the school,

(c) in the case of a foundation or voluntary school which is a Church of England school or a Roman Catholic Church school, the appropriate diocesan authority, and

(d) in the case of any other foundation or voluntary school, the person or persons by whom the foundation governors are appointed.

(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 the Secretary of State may determine.

(4) The Secretary of State may pay to any governor appointed under this section such remuneration and allowances as the Secretary of State may determine.

(5) In relation to any appointment made by the Secretary of State by virtue of subsection (1) to the governing body of a school, the instrument of government for the school shall have effect as if (despite anything in regulations under section 19 of EA 2002) it provided for the Secretary of State to appoint such number of additional governors as he thinks fit.

(6) Where the Secretary of State has exercised his power under this section in relation to a school, then—

(a) in any such case—

(i) the [F2 local authority] may not exercise their power under section 66(1) or paragraph 1 of Schedule 15 to SSFA 1998 to suspend the governing body's right to a delegated budget, and

(ii) if they have already exercised either of those powers, the Secretary of State must, if requested to do so by the governing body, revoke the suspension; and

(b) in the case of a voluntary aided school, nothing in regulations under section 19 of EA 2002 is to be read as authorising the appointment of foundation governors for the purpose of outnumbering the other governors as augmented by those appointed by the Secretary of State under this section.

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

(a) must be notified to the [F2 local authority] in writing, and

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

Textual Amendments

F1 Words in s. 67(1) repealed (12.1.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 13 para. 8, Sch. 16 Pt. 6; S.I. 2009/3317, art. 2, Sch.

F2 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)

Commencement Information

I1 S. 67 in force at 1.4.2007 by S.I. 2007/935, art. 5(j)