Education Act 1993 (Commencement No. 2 and Transitional Provisions) Order 1993

9.—(1) This paragraph applies in relation to any grant-maintained school where—

(a) the governing body of the school were incorporated under Chapter IV of Part I of the 1988 Act; and

(b) an instrument and articles or government have been made for the school under that Chapter before 1st January 1994.

(2) In the case of any school to which this paragraph applies, the instrument of government shall be modified by substituting for paragraphs 2 to 4 of Appendix 3 (Appeal committees on admissions and permanent exclusions) the following paragraphs—

“2.   An appeal committee shall consist of—

(a) where all the members of the appeal committee were nominated before 1st January 1994, three, five or seven persons appointed by the governing body under paragraph 4C(1) below; or

(b) in any other case—

(i) one person nominated by the governing body from among the persons who are eligible to be lay members, and

(ii) two, four or six other members nominated by the governing body from among persons appointed by them under paragraph 4C(1) below.

3.   The governing body shall not nominate under paragraph 2(b)(i) above a person who falls within paragraph 4C(1) below.

4.— (1) In the case of an appeal committee to which paragraph 2(a) above applies, the members of the committee who are members of the governing body may not outnumber the other members by more than one.

(2) In the case of an appeal committee to which paragraph 2(b) above applies—

(a) three members shall be nominated from among those appointed under paragraph 4C(1)(b) below, in the case of a committee consisting of seven members;

(b) two members shall be so nominated, in the case of a committee consisting of five members; and

(c) one member shall be so nominated, in the case of a committee consisting of three members.

4A.   Sufficient persons may be appointed by the governing body to enable two or more committees to sit at the same time.

4B.   A person is eligible to be a lay member for the purposes of paragraph 2(b)(i) above if—

(a) he is a person without personal experience in the management of any school or the provision of education in any school (otherwise than as a governor or in any other voluntary capacity), and

(b) he does not have, or has not at any time had, any connection with—

(i) the school, or

(ii) any person who is a member of, or employed by, the governing body,

of a kind which might reasonably be taken to raise doubts about his ability to act impartially in relation to the school.

4C.— (1) Subject to sub-paragraphs (2) and (3) below, the persons appointed—

(a) may include one or more members of the governing body, and

(b) shall include persons who have experience in education, who are acquainted with the educational conditions in the area, or who are parents of registered pupils at a school.

(2) A person shall not be appointed in pursuance of sub-paragraph (1) above, if he is employed as a teacher or otherwise at the school.

(3) A person shall not be appointed in pursuance of sub-paragraph (1)(b) above, if he—

(a) has ever been a member of the Governing Body, or

(b) is a parent of a registered pupil at the School.”.