Office of Public Sector Information
PART II continued CHAPTER III continued
(10) No such requirement as is referred to in subsection (8) may be imposed where any payment is made in respect of grant under this section if—
(a) the grant is made in respect of the provision, alteration or repair of premises for a school or proposed school, and
(b) any freehold interest in the premises in respect of which the grant is made is, or is to be, held on trust for the purposes of the school.
(11) No grant may be paid under this section—
(a) in respect of any expenses incurred in the provision of any premises which it is the duty of the local education authority to provide, or
(b) in the case of a special agreement school, in respect of expenses incurred in the execution of proposals to which the special agreement relates or of repairs or alterations for the execution of which provision is made by the agreement.
(12) In relation to a proposed school, the references in this section to the governing body, in relation to any time before such a body are constituted, are to the persons who propose to establish the school; and where requirements are imposed in relation to grant paid under this section to such persons, the requirements shall be complied with by the governing body, when they are constituted, as well as by those persons.
(13) In this section “repair” does not include repair falling within section 59(4).
(1) The Secretary of State may pay grants to the governing body of an aided or special agreement school in respect of any preliminary expenditure incurred by them for the purposes of a scheme for the transfer of the school to a new site or the enlargement or alteration of the school premises.
(2) Where any persons propose or are considering whether to propose—
(a) that a school established by them, or by persons whom they represent, should be maintained by a local education authority as an aided school, or
(b) that a school which may be so established should be so maintained,
the Secretary of State may pay grants to them in respect of any preliminary expenditure incurred by them for the purposes of a scheme for the provision of a site for the school or of any buildings which would be school buildings.
(3) Grants under subsection (1) or (2) may be paid in respect of a scheme such as is mentioned in that subsection whether or not—
(a) the details of such a scheme had been formulated at the time when the expenditure was incurred,
(b) where such details were not formulated at that time, they are subsequently formulated,
(c) the governing body or persons in question had determined to proceed with such a scheme at that time, or
(d) where they had not determined to proceed with such a scheme at that time, they subsequently determine to proceed with such a scheme.
(4) Expenditure in respect of which such grants are payable includes, in particular, costs incurred in connection with—
(a) the preparation of plans and specifications for any proposed construction, enlargement or alteration of buildings which are or would be school buildings, and
(b) estimating the sums which would be expended if any such works were carried out,
but does not include any sums expended in carrying out any such works.
(5) A grant under subsection (1) or (2) shall not exceed 85 per cent. of the expenditure in respect of which it is paid.
(6) Where—
(a) a grant is paid under subsection (1) in the case of any school, or
(b) a grant is paid under subsection (2) in the case of any school which becomes, or is established as, a voluntary school,
the grant shall for the purposes of section 173 be treated as expenditure incurred by the Secretary of State (otherwise than in connection with repairs) in respect of the school premises.
(1) Where, on the application of the governing body of an aided or special agreement school and after consulting persons representing the governing body, the Secretary of State—
(a) is satisfied that the governing body’s share of any initial expenses required in connection with the school premises will involve capital expenditure, and
(b) having regard to all the circumstances of the case, considers that that expenditure ought properly to be met by borrowing,
he may make a loan to the governing body for the purpose of helping them meet that expenditure.
(2) The amount, rate of interest and other terms and conditions applicable to the loan shall be such as may be specified in an agreement made between the Secretary of State and the governing body with the consent of the Treasury.
(3) For the purposes of this section “initial expenses” are expenses of any of the following categories—
(a) expenses to be incurred in pursuance of a special agreement;
(b) expenses to be incurred in providing school buildings on a site to which the school is to be transferred pursuant to an order under section 47;
(c) expenses to be incurred in providing a site or school buildings on a significant enlargement of the school premises or on the transfer of the school to a new site, being expenses in respect of which grants may be paid under section 65;
(d) expenses to be incurred in providing a site or school buildings for a new school, being expenses in respect of which grants may be paid under section 65.
(4) For the purposes of this section the governing body’s share of any initial expenses shall be taken to be so much of the expenses as remains to be borne by the governing body after taking into account the amount of any grant under section 65 or under a special agreement that may be paid or payable in respect of them.
A local education authority may give to the governing body of an aided or special agreement school such assistance as the authority think fit in relation to the carrying out by the governing body of any obligation under—
(a) section 45(1), or
(b) section 59.
A local education authority may give to persons required under section 45(1) to implement proposals involving the establishment of a school such assistance as the authority think fit in relation to the carrying out by those persons of their obligations under that provision.
(1) Where assistance under section 68 or 69 consists of the provision of any premises for use for the purposes of a school, the local education authority shall convey their interest in the premises to the trustees of the school to be held on trust for the purposes of the school.
(2) If any doubt or dispute arises as to the persons to whom the authority are required to make the conveyance, it shall be made to such persons as the Secretary of State thinks proper.
(3) Where trustees make a disposal of an interest conveyed to them by a local education authority under subsection (1), they shall be liable to pay to that authority an amount equal to the net proceeds of the disposal.
(4) In subsection (3)—
“disposal” includes part disposal; and
“net proceeds”, in relation to a disposal, means the amount accruing on the disposal less any expenditure reasonably incurred for the purposes of making it.
(1) Where it appears to the Secretary of State that a local education authority have made default in the discharge of their duties relating to the maintenance of a voluntary school, he may—
(a) direct that any act done by or on behalf of the school’s governing body for the purpose of securing the proper maintenance of the school shall be taken to have been done by or on behalf of the authority, and
(b) reimburse to the governing body any sums which in his opinion they have properly expended for that purpose.
(2) The amount of any sum reimbursed under subsection (1) shall be recoverable by the Secretary of State as a debt due to him from the authority; and without prejudice to any other method of recovery the whole or any part of any such sum may be deducted from any sums payable to the authority by the Secretary of State in pursuance of any regulations relating to the payment of grants.
Where any sums accruing in respect of the income of an endowment are required by virtue of the provisions of a trust deed to be applied towards the maintenance of a voluntary school, those sums shall not be payable to the local education authority but shall be applied by the governing body of the school—
(a) towards the discharge of their obligations, if any, under section 59, or
(b) in such other manner, if any, as may be determined by a scheme for the administration of the endowment made after 1st April 1945.
Any sum which is paid to the governing body or trustees of a voluntary school in respect of the letting or hiring of any part of the school premises other than school buildings shall be paid over to the local education authority.
(1) Where a local education authority are liable to defray the cost of carrying out any building work, repair work or work of a similar character which is required for the purposes of a controlled school, the work shall, if the authority so determine, be carried out by employees of theirs.
(2) If the authority make such a determination, the governing body and any trustees of the school shall provide the authority and the authority’s employees with all such facilities as they may reasonably require for the purpose of securing that the work is carried out properly.
Subsection (2) of section 123 of the [1972 c. 70.] Local Government Act 1972 (local authority prohibited from making disposal of land under that section below market value without consent of the Secretary of State) shall not apply in the case of a disposal—
(a) to the governors of an aided or special agreement school, or
(b) to persons proposing to establish a school which is proposed to be maintained by a local education authority as a voluntary school and to be an aided school.
(1) For every county, voluntary and maintained special school there shall be an instrument (known as the instrument of government) providing for the constitution of the school’s governing body.
(2) The instrument of government shall be made by order of the local education authority.
(3) The instrument of government—
(a) shall contain such provisions as are required by this Chapter or by any other enactment; and
(b) shall not contain any provision which is inconsistent with any provision made by or under this Act or any other enactment.
(4) The instrument of government shall comply with any trust deed relating to the school.
(5) This section has effect subject to section 89 (grouping of two or more schools under a single governing body) and sections 96 and 97 (temporary governing body for new school pending constitution of its governing body).
(1) Before making an order under section 76, a local education authority shall consult the governing body and the head teacher of the school concerned.
(2) Before making an order under section 76 in respect of a voluntary school, a local education authority shall also—
(a) secure the agreement of the governing body to the terms of the proposed order;
(b) secure the agreement of the foundation governors to any provisions which are of particular concern to those governors; and
(c) have regard to the way in which the school has been conducted.
(3) Where the governing body of a county, voluntary or maintained special school make a proposal to the local education authority for the alteration of the provision made by the instrument of government for the school, the authority shall consider their proposal.
(4) Where—
(a) the foundation governors of a voluntary school make a proposal to the local education authority for the alteration of the provision made by the instrument of government for the school, and
(b) the proposal relates solely to one or more matters which are of particular concern to those governors,
the authority shall consider their proposal.
(5) Where a local education authority—
(a) propose to make an order under section 76 but cannot secure any agreement required by subsection (2), or
(b) refuse, in the case of a voluntary school, to make such an order in response to a proposal of a kind mentioned in subsection (3) or (4),
the authority or (as the case may be) the governing body or foundation governors may refer the matter to the Secretary of State.
(6) On a reference to him under subsection (5), the Secretary of State shall give such direction as he thinks fit having regard, in particular, to the status of the school as a controlled, aided or (as the case may be) special agreement school.
(7) Where it appears to the Secretary of State—
(a) that an order, or proposed order, under section 76 is in any respect inconsistent with the provisions of any trust deed relating to the school concerned, and
(b) that it is expedient in the interests of the school that the provisions of the trust deed should be modified for the purpose of removing the inconsistency,
he may by order make such modifications in the trust deed as appear to him to be just and expedient for that purpose.
(8) References in this section to an order, or proposed order, under section 76 are references to an order, or proposed order, under that section embodying or varying an instrument of government.
(1) In this Act “co-opted governor”, in relation to a county, voluntary or maintained special school, means a person appointed to be a member of the school’s governing body by being co-opted by those governors of the school who have not themselves been so appointed (and accordingly does not include a governor of the school appointed in accordance with any provision made by virtue of section 81 (appointment of parent governors by governing body as a whole)).
(2) In this Act “foundation governor”, in relation to a voluntary school, means a person appointed to be a member of the school’s governing body, otherwise than by a local education authority or a minor authority, for the purpose of securing (so far as is practicable)—
(a) that the character of the school as a voluntary school is preserved and developed, and
(b) in particular, that the school is conducted in accordance with the provisions of any trust deed relating to it.
(3) In this Act “parent governor”, in relation to a county, voluntary or maintained special school, means—
(a) a person who is elected as a member of the school’s governing body by parents of registered pupils at the school and is himself such a parent at the time when he is elected, or
(b) (in the case of a county, controlled or maintained special school) a person who is appointed as a member of the governing body in accordance with any provision made by virtue of section 81.
(4) In this Act “teacher governor”, in relation to a county, voluntary or maintained special school, means a person who is elected as a member of the school’s governing body by teachers at the school and who is himself such a teacher at the time when he is elected.
(5) In relation to any group of schools under section 89 for which the instrument of government makes by virtue of section 93 provision with respect to the election of parent or teacher governors, any reference in subsection (3) or (4) to a person being elected as there mentioned is a reference to his being so elected in accordance with any such provision made by virtue of section 93.
(1) Subject to section 80 (representative governors for certain schools), the instrument of government for a county or maintained special school shall provide for the governing body to consist of the following (and no others)—
(a) the head teacher, unless he chooses not to be a governor, and
(b) governors of each of the categories specified in the first column of the following table, in the numbers specified in whichever of the other columns relates to the size of the school.
| Category of governor | School with less than 100 registered pupils | School with 100 or more but less than 300 registered pupils | School with 300 or more but less than 600 registered pupils | School with 600 or more registered pupils |
|---|---|---|---|---|
| Parent governors | 2 | 3 | 4 | 5 |
| Governors appointed by the local education authority | 2 | 3 | 4 | 5 |
| Teacher governors | 1 | 1 | 2 | 2 |
| Co-opted governors | 3 | 4 | 5 | 6 |
(2) Subject to section 80, the instrument of government for a controlled school shall provide for the governing body to consist of the following (and no others)—
(a) the head teacher, unless he chooses not to be a governor, and
(b) governors of each of the categories specified in the first column of the following table, in the numbers specified in whichever of the other columns relates to the size of the school.
| Category of governor | School with less than 100 registered pupils | School with 100 or more but less than 300 registered pupils | School with 300 or more but less than 600 registered pupils | School with 600 or more registered pupils |
|---|---|---|---|---|
| Parent governors | 2 | 3 | 4 | 5 |
| Governors appointed by the local education authority | 2 | 3 | 4 | 5 |
| Teacher governors | 1 | 1 | 2 | 2 |
| Foundation governors | 2 | 3 | 4 | 4 |
| Co-opted governors | 1 | 1 | 1 | 2 |
(3) Where the instrument of government so provides, a county, controlled or maintained special school with 600 or more registered pupils shall be treated for the purposes of this section as one with 300 or more but less than 600 registered pupils.
(4) Where the head teacher of a county, controlled or maintained special school is a governor he shall be treated for all purposes as being an ex officio governor.
(1) The instrument of government for a primary school which is a county or controlled school serving an area for which there is a minor authority shall provide for one governor to be appointed by that authority.
(2) The instrument of government for a maintained special school which is established in a hospital shall provide—
(a) (if the hospital is vested in the Secretary of State) for one governor to be appointed by the Health Authority; or
(b) (if the hospital is vested in a National Health Service trust) for one governor to be appointed by that trust.
(3) The instrument of government for a maintained special school which is not established in a hospital shall, if the school has less than 100 registered pupils, provide for one governor to be appointed—
(a) by a voluntary organisation designated by the local education authority, in relation to the school, as the appropriate voluntary organisation concerned with matters in respect of which the school is specially organised; or
(b) jointly by two or more voluntary organisations so designated as appropriate voluntary organisations concerned with such matters;
or, if the school has 100 or more registered pupils, shall provide for two governors to be appointed as mentioned in paragraph (a) or (b).
(4) Where, by virtue of subsection (3) above, an instrument of government is required to provide for the appointment of two governors, it may make different provision in relation to the appointment of one governor from that made in relation to the appointment of the other.
(5) Where a local education authority are satisfied, in relation to any special school, that there is no voluntary organisation which it would be appropriate to designate for the purposes of subsection (3), that subsection shall not apply to the instrument of government for the school.
(6) An instrument of government which is required by this section to provide for the appointment of a governor shall name the person or persons by whom the governor is to be appointed.
(7) Subject to subsection (8), an instrument of government which is required by this section to provide for the appointment of one or (as the case may be) two governors shall in consequence provide for the appointment of one or two fewer co-opted governors than would otherwise be provided for.
(8) If that instrument of government is for a controlled school which—
(a) has less than 600 registered pupils, or
(b) is, by virtue of subsection (3) of section 79, to be treated for the purposes of that section as having less than 600 such pupils,
the instrument shall not provide for the appointment of any co-opted governor.
(9) In subsections (7) and (8) references to co-opted governors are references to governors required to be co-opted by virtue of section 79 but do not include co-opted foundation governors.
(1) The instrument of government for a county or controlled school, or for a maintained special school which is not established in a hospital, may provide that if at the time when the instrument is made, or at any later time when there is a vacancy for a parent governor—
(a) at least 50 per cent. of the registered pupils at the school are boarders, and
(b) it would, in the opinion of the local education authority, be impracticable for there to be an election of parent governors,
the parent governors, or (as the case may be) the parent governor required to fill that vacancy, shall be appointed by the other members of the governing body.
(2) Where, in the opinion of the local education authority, it is likely to be impracticable for there to be elections of parent governors at a maintained special school which is established in a hospital, the instrument of government for the school may provide for the parent governors to be appointed by the other members of the governing body.
(3) The instrument of government for a county, controlled or maintained special school at which parent governors are to be, or may be, elected shall provide for the required number of parent governors to be made up by parent governors appointed by the other members of the governing body if—
(a) one or more vacancies for parent governors are required to be filled by election; and
(b) the number of parents standing for election as parent governors is less than the number of vacancies.
(4) The instrument of government for a county, controlled or maintained special school shall require governors, in appointing a parent governor under a provision made by virtue of this section—
(a) to appoint a person who is the parent of a registered pupil at the school, where it is reasonably practicable to do so, and
(b) where it is not, to appoint a person who is the parent of one or more children of compulsory school age.
(5) Such an instrument shall also provide that governors shall not appoint as a parent governor under such a provision any person who is—
(a) an elected member of the local education authority, or
(b) an employee of the authority or of the governing body of any aided school maintained by the authority.
(1) The constitution of the governing body of a county, controlled or maintained special school shall be reviewed in accordance with this section on, or as soon as is reasonably practicable after, the occurrence of any event which is a relevant event in relation to the school.
(2) For the purposes of this section any of the following is a “relevant event” in relation to a school—
(a) the implementation of any proposals falling within subsection (3);
(b) where no such proposals have been implemented in relation to the school before the fourth anniversary of the date on which the current instrument of government for the school was made, that anniversary; and
(c) where a relevant event has previously occurred in relation to the school, the fourth anniversary of the latest such event.
(3) Proposals fall within this subsection if they provide for an increase in the number of registered pupils at the school and are—
(a) proposals under section 35(1)(c) or (d) (alteration of character or premises of a county school or transfer to a new site) or proposals which would fall to be published under section 35(1)(d) but for section 35(2)(b);
(b) proposals under section 41(2)(a) or (b) (alteration of character or premises of a voluntary school or transfer to a new site);
(c) proposals that the Secretary of State should make an order under section 47 (transfer of voluntary school to a new site); or
(d) proposals under section 339(1)(b) (prescribed alteration to maintained special school).
(4) Any review which is required by virtue of the implementation of proposals falling within subsection (3)(a) or (d) shall be carried out by the local education authority; and any other review which is required by this section shall be carried out by the governing body.
(5) Whenever a local education authority or governing body are required to carry out a review under this section, they shall consider—
(a) whether the governing body are properly constituted; and
(b) whether the provision made by the instrument of government for the school is in any respect different from that which a new instrument of government would be required to make.
(6) Where a governing body have carried out a review under this section and have established that the provision made by the instrument of government is in one or more respects different from that which a new instrument of government would be required to make, they shall report the fact to the local education authority.
(7) Where proposals falling within subsection (3)(a) or (d) have been implemented in relation to a school, the local education authority shall determine the date on which, for the purposes of this section, they are to be taken to have been implemented and shall notify the governing body accordingly.
(1) Where—
(a) a county, controlled or maintained special school has more governors of a particular category than are provided for by the instrument of government for the school, and
(b) the excess is not eliminated by the required number of governors of that category resigning,
such number of governors of that category as is required to eliminate the excess shall cease to hold office.
(2) The governors who are to cease to hold office shall be selected on the basis of seniority, the longest-serving governor being the first to be selected, and so on.
(3) Where it is necessary for the purposes of subsection (2) to select one or more governors from a group of equal seniority, it shall be done by drawing lots.
(4) Subsections (2) and (3) do not apply in relation to foundation governors.
(5) The instrument of government for a controlled school shall make provision for the procedure to be adopted whenever subsection (1) requires a foundation governor to cease to hold office.
(1) The instrument of government for an aided or special agreement school shall provide for the governing body to include—
(a) the head teacher, unless he chooses not to be a governor,
(b) at least one parent governor,
(c) at least one governor appointed by the local education authority,
(d) at least one teacher governor if the school has less than 300 registered pupils, and at least two teacher governors if it has 300 or more registered pupils, and
(e) foundation governors.
(2) The instrument shall provide for such number of foundation governors as will lead to their outnumbering the other governors—
(a) by two, if the governing body will consist of not more than 18 governors; or
(b) by three, if it will consist of more than 18 governors,
and shall provide for at least one of the foundation governors to be (at the time of his appointment) a parent of a registered pupil at the school.
(3) If the school is a primary school serving an area for which there is a minor authority, the instrument shall provide for the governing body to include also at least one governor appointed by that authority.
(4) Where the head teacher of an aided or special agreement school has chosen not to be a governor, he shall nevertheless be counted as one for the purposes of calculating the required number of foundation governors.
(5) Subject to subsection (2), nothing in this section shall be taken to prevent the instrument of government for such a school from providing for the governing body to include governors in addition to those required by virtue of this section.
(6) Where the head teacher of such a school is a governor he shall be treated for all purposes as being an ex officio governor.
Education Act 1996