The Education (Grant-maintained Special Schools) (Initial Governing Instruments) Regulations 1994

Power of Secretary of State to replace first governors and to make provision with respect to the filling of vacancies

3.—(1) The Secretary of State shall have power, where any of sub-paragraphs (2), (3) and (5) below apply, to replace all or any of the first governors.

(2) This sub-paragraph applies where the Governing Body have been guilty of substantial or persistent failure to comply, or secure compliance, with any requirement imposed by or under any enactment.

(3) This sub-paragraph applies where—

(a) there is a report of an inspection of the School in which the person who made it expressed the opinion that special measures were required to be taken in relation to the School;

(b) either that person was a member of the Inspectorate or the report stated that the Chief Inspector agreed with his opinion;

(c) if any registered inspector or member of the Inspectorate has made a later report of an inspection of the School under Chapter I of Part V of the 1993 Act, he did not express the opinion in the report that special measures were not required to be taken in relation to the School; and

(d) the Secretary of State has received a statement prepared under section 210 of the 1993 Act (statement of special measures to be taken by the Governing Body), or the period allowed under subsection (2) of that section for the preparation of such a statement has expired.

(4) Expressions used in sub-paragraph (3) above which are also used in Part V of the 1993 Act shall have the same meaning as in that Part.

(5) This sub-paragraph applies where in the opinion of the Secretary of State any action taken or proposed by the Governing Body, or any failure of the Governing Body to act, is prejudicial to the provision of education by the School.

(6) The Secretary of State shall have power to make such provision as he thinks fit for filling vacancies for first governors if it appears to him that the Governing Body are unable or are unwilling to fill the vacancies.

(7) The Secretary of State shall, in appointing a person to be a first governor in accordance with this paragraph, appoint a person who appears to him to be committed to the good government and continuing viability of the School.

(8) Paragraph 2(3) to (6) above shall not apply for the purposes of the appointment by virtue of this paragraph of any first governor.