The Education (School Government) Regulations 1989

PART III DELEGATION OF FUNCTIONS AND ESTABLISHMENT OF COMMITTEES

Delegation of functions

25.—(1) Subject to paragraphs (3) and (4), the governing body of a school may resolve to delegate to a committee established in accordance with regulation 26 or to any member of the governing body, or to the head teacher, if he is not such a member, any of its functions other than those listed in paragraph (2).

(2) The functions which may not be delegated under paragraph (1) are functions relating to the powers conferred and the duties imposed on governing bodies by or under–

(a) section 14 of the Education Act 1944(1) (which relates to restrictions on discontinuance of voluntary schools by governors);

(b) sections 6 to 8 of the Education Act 1980(2) (which relate to admission to schools);

(c) section 13 of the Education Act 1980(3) (which relates to establishment and alteration of voluntary schools);

(d) section 14 of the Education Act 1980 (which relates to approval of school premises);

(e) sections 3 to 6 of the 1986 Act (which relate to the appointment of governors);

(f) sections 18 and 19 of the 1986 Act(4) (which relate to the curriculum);

(g) section 21(2) and (4) of the 1986 Act(5) (which relate to the times of school sessions and the dates of school terms and holidays);

(h) section 22(b)(i) of the 1986 Act (which relates to the governing body’s statement of general principles concerning pupil discipline);

(i) section 30 of the 1986 Act (which relates to the governors' annual report to parents), insofar as the approval of the governors' report is concerned;

(j) sections 44 and 45 of the 1986 Act (which relate to the prohibition of political indoctrination and to the balanced treatment of political issues);

(k) section 46 of the 1986 Act (which relates to sex education);

(l) section 1 of the 1988 Act (which relates to the curriculum);

(m) section 6(3) of the 1988 Act (which relates to collective worship);

(n) section 10 of the 1988 Act (which relates to collective worship, religious education, implementation of the National Curriculum and external qualifications);

(o) section 12(1) of the 1988 Act (which relates to applications to advisory councils concerning the requirements for Christian collective worship in county schools);

(p) section 22(1) of the 1988 Act (which relates to the provision of information);

(q) sections 26 to 32 of the 1988 Act (which relate to admission of pupils to county and voluntary schools);

(r) section 60 of the 1988 Act (which relates to the initiation of procedure for acquisition of grant-maintained status);

(s) section 110 of the 1988 Act (which relates to policies on charges and remissions);

(t) regulations 9(1) and (2) and 10(1) and (2);

(u) regulation 12; and

(v) regulation 25(1).

(3) The functions of the governing body of a school under paragraph 8 of Schedule 3 to the 1988 Act (which relates to the dismissal of staff) shall not be delegated to an individual, but may (subject to regulation 26(5)) be delegated to a committee.

(4) The functions of the governing body of a school conferred by or under sections 24 to 26 of the 1986 Act (which relate to the reinstatement of excluded pupils) shall not be delegated to an individual but may (subject to regulation 26(6)) be delegated to a committee.

Establishment of committees

26.—(1) Where the governing body of a school resolve under regulation 25 to delegate any function to a committee, that committee shall be established in accordance with this regulation.

(2) Subject to paragraphs (3) to (7), the constitution, membership and proceedings of any such committee shall be determined by the governing body.

(3) The membership of any such committee may include persons who are not members of the governing body: Provided that any members of such a committee who are not members of the governing body shall not be entitled to vote in any proceedings of the committee.

(4) The chair at any meeting of a committee shall be taken by the chairman thereof except that when he is absent those present shall elect from among their number a person to take the chair at the meeting during such absence.

(5) (a) A committee to which any functions are delegated under regulation 25(3) shall include not less than three members of the governing body and, where a committee is established to take any initial or preliminary decision as to the dismissal of any member of staff (referred to below in this paragraph as a “first committee”), no member of that committee shall take part in the proceedings of any committee established to consider any appeal against that decision (referred to below in this paragraph as an “appeal committee”); and

(b) the membership of an appeal committee shall include no fewer members of the governing body than that of the first committee the decision of which is subject to appeal; Provided that where fewer than six governors are qualified for membership of any committee established in accordance with this paragraph, or it is otherwise not reasonably practicable for the requirement that the membership of any such committee should include three members of the governing body to be satisfied, the membership of any first committee and of any appeal committee shall include such numbers of members of the governing body as the governing body may determine subject, however, to sub-paragraph (b).

(6) A committee to which any functions are delegated under regulation 25(4) shall include not less than three members of the governing body, none of whom shall be the head teacher.

(7) Regulations 6, 7, 9(5), 11(2), 14, 19(2) to (5) (other than the requirement for notice of meetings to be signed by the clerk), 22, 24 and the Schedule hereto shall apply to membership of any committee and to the proceedings thereof as they apply to membership of the governing body and to proceedings thereof.

(8) A head teacher of a school, whether or not he is a governor thereof, shall be entitled to attend any meeting of any committee of the governing body thereof subject, however, to regulation 14(2) as applied by paragraph (7).

Reports to the governing body

27.  Where any functions of the governing body of a school have been delegated to a member thereof, the head teacher or a committee established in accordance with regulation 26, that member, head teacher or committee shall report any action or decision taken in relation to those functions to the next meeting of the governing body.

(1)

1944 c. 31; section 14 was amended by section 14 of, and Part II of Schedule 2 to, the Education Act 1946 (c. 50) and by paragraph 1 of Schedule 1 to the Education Act 1980 (c. 20).

(2)

1980 c. 20; section 6 was amended by section 30 of the Education Reform Act 1988 (c. 40), and section 8(3) by section 31(2) of that Act.

(3)

Section 13 was amended by section 31 of the Education Reform Act 1988 (c. 40).

(4)

Section 18 was amended by paragraph 99 of Schedule 12 and by Part II of Schedule 13 to the Education Reform Act 1988 (c. 40), and section 19(3) was repealed by Part II of Schedule 13 to that Act.

(5)

Section 21 was substituted by section 115 of the Education Reform Act 1988 (c. 40).