21. The School Governance (Procedures) (England) Regulations 2003 apply in relation to units as they apply in relation to maintained schools to the extent and with the modifications prescribed in Schedule 3 (and in those regulations as so applied any expression defined in regulation 2 has the same meaning as in that regulation).
22.—(1) Subject to paragraph (3), an authority must delegate the functions mentioned in paragraph (2) relating to a unit to the committee, together with such of the authority’s powers as are requisite for discharging those functions.
(2) The functions are—
(a) conducting the unit;
(b) the authority’s functions under paragraph 6(3) of Schedule 1 to the Education Act 1996 (complaints relating to the curriculum);
(c) the authority’s functions under section 88 of the Education and Inspections Act 2006(3) (responsibility for discipline).
(3) Paragraph (1) does not apply to the following—
(a) the authority’s functions under—
(i) section 62 of the School Standards and Framework Act 1998(4) (authority’s reserve power to prevent a breakdown of discipline),
(ii) Schedule 13 to that Act (control of school premises), and
(iii) section 29(5) of the Education Act 2002(5) (direction by authority concerning health and safety);
(b) any power to appoint, dismiss or suspend teachers and non-teaching staff at the unit;
(c) any power to spend any sum of money appropriated by the authority for the purposes of the unit.
23. The authority, committee and teacher in charge of a unit (acting jointly) must make, and from time to time review, a written statement of the policy in relation to the curriculum for the unit.
Kevin Brennan
Parliamentary Under Secretary of State
Department for Children, Schools and Families
16th October 2007
Regulations 9, 10, and 13
1. The authority may delegate to the teacher in charge of a unit any of their functions under this Schedule.
2. Subject to paragraphs 1 and 3 to 6, the authority must make all the necessary arrangements for the election of parent members.
3. The duty imposed by paragraph 2 does not include power to impose any requirements as to the minimum number of votes required to be cast for a member to be elected.
4. Any election which is contested must be held by ballot.
5.—(1) The arrangements made under paragraph 2 must provide for every person who is entitled to vote to have an opportunity to do so by post.
(2) For the purposes of sub–paragraph (1), “post” includes delivery by hand.
(3) The arrangements made under paragraph 2 may provide for every person who is entitled to vote to have an opportunity to do so by electronic means.
6. Where a vacancy for a parent member arises, the authority must take such steps as are reasonably practicable to secure that every person who is known to them to be a parent of a registered pupil at the unit or one of the units is—
(a) informed of the vacancy and that it is required to be filled by election;
(b) informed that he is entitled to stand as a candidate and vote in the election; and
(c) given the opportunity to do so.
7. The number of parent members required must be made up by parent members appointed by the committee if one or more vacancies for parent members arises and the number of parents standing for election is less than the number of vacancies.
8.—(1) The committee may only appoint as a parent member—
(a) a parent of a registered pupil at the unit;
(b) a parent of a former registered pupil at the unit;
(c) a parent of a pupil registered at another unit, or at a maintained school in the area of the authority;
(d) a parent of a child of compulsory school age; or
(e) any parent.
(2) The committee may only appoint a person referred to in sub-paragraph (1)(b), (c), (d) or (e) if it is not reasonably practicable to appoint a person referred to in the sub-paragraph which immediately precedes it.
9. Subject to paragraphs 1, 10 and 11, the authority must make all the necessary arrangements for the election of staff members.
10. The duty imposed by paragraph 9—
(a) includes the power to make provision as to qualifying dates; but
(b) does not include the power to impose any requirements as to the minimum number of votes required to be cast for a candidate to be elected.
11. Any election which is contested must be held by ballot.
12. In this Schedule, “sponsor” in relation to a unit means—
(a) a person who gives or has given substantial financial assistance (which for these purposes includes benefits in kind) to the unit other than pursuant to statutory obligation; or
(b) any other person (not being otherwise represented on the committee) who provides or has provided substantial services to the unit.
13. Where the unit has one or more sponsors, the instrument of government may provide for the appointment of such number of sponsor members, not exceeding two, nominated in accordance with paragraph 14.
14. Nominations must be sought for such appointments from the sponsor or (as the case may be) from one or more of the sponsors.