40 “Pending” procedure for acquisition of grant-maintained status.
(1) For the purposes of this Chapter the procedure for acquisition of grant-maintained status is pending in relation to a school when it has been initiated in relation to the school on any occasion and not terminated (as initiated on that occasion).
(2) For those purposes, that procedure is to be regarded as initiated in relation to a school on any occasion—
(a) on receipt by the local education authority of notice of a meeting of the governing body at which a motion for a resolution to hold a ballot of parents on the question of whether grant-maintained status should be sought for the school is to be considered (not being a case falling within section 25(3) of this Act), or
(b) where the governing body have received a request under section 26(1) of this Act, on receipt by the local education authority of notice under subsection (3)(b) of that section.
(3) For those purposes, that procedure, as initiated on any occasion, is to be regarded as terminated—
(a) when initiated as mentioned in subsection (2)(a) above, if—
(i) the meeting is not held,
(ii) the meeting is held but the motion is not moved or, though the motion is moved, the resolution is not passed, or
(iii) the resolution is passed but the result of the ballot to which the notice under section 25(1)(b) of this Act relates does not show a majority in favour of seeking grant-maintained status for the school,
(b) when initiated as mentioned in subsection (2)(b) above, if the result of the ballot to which the notice under section 26(3)(b) of this Act relates does not show a majority in favour of seeking grant-maintained status for the school,
(c) if proposals which by reference to the result of a ballot to which a notice under section 25(1)(b) or 26(3)(b) of this Act relates are required to be published under section 32 of this Act, or any proposals required in substitution for those proposals, are rejected by the Secretary of State or withdrawn, or
(d) on the date of implementation of such proposals.
(4) Where section 30 of this Act applies in the case of such a ballot, the references in subsection (3) above to the result of that ballot shall be read as references to the result of the second ballot required by that section.
(5) The reference in subsection (3) above to proposals required in substitution for any proposals (“the original proposals”) required to be published by reference to the result of a ballot is to any proposals required to be published by virtue of section 33(1) or (3) of this Act on withdrawal or (as the case may be) rejection of—
(a) the original proposals, or
(b) any further proposals required to be published by virtue of section 33(1) or (3) of this Act in respect of the school without a further ballot.
(6) Proposals published under section 32 of this Act shall not be treated for the purposes of subsection (3)(c) above as rejected in any case where the Secretary of State imposes a requirement under section 33(3) of this Act or as withdrawn in any case where he imposes a requirement under section 33(1) of this Act for the publication of further proposals.
(1) During any period when the procedure for acquisition of grant-maintained status is pending in relation to a school, a local authority shall not—
(a) dispose of any land used wholly or partly for the purposes of the school, or
(b) enter into a contract to dispose of any such land,
except with the required consent.
(2) Subsection (1) above does not apply in relation to a disposal which is made in pursuance of a contract entered into, or an option granted, before the procedure for acquisition of grant-maintained status was initiated in relation to the school.
(3) Where proposals for acquisition of grant-maintained status are approved, the procedure for acquisition of grant-maintained status is not to be treated as terminated for the purposes of this section and section 42 of this Act in relation to any land where agreement is required to be reached under paragraph 2(1) of Schedule 10 to the Education Reform Act 1988 (identification of property, etc.) on any matter relating to that land until the date on which that matter is finally determined.
(4) In the case of a disposal made or contract entered into after proposals for acquisition of grant-maintained status have been approved, the required consent—
(a) if it is agreed between the local authority and the new governing body that the value of the land in question does not exceed £6,000, is the consent of the new governing body, and
(b) if paragraph (a) above does not apply, is the consent of both the new governing body and the Secretary of State.
(5) In any other case the required consent for any proposed disposal (and for any contract to make it) is the consent of both the existing governing body and the Secretary of State.
(6) A disposal or contract shall not be invalid or void by reason only that it has been made or entered into in contravention of this section; and (subject to section 42 of this Act) a person acquiring land, or entering into a contract to acquire land, from a local authority shall not be concerned to enquire whether any consent required by this section has been given.
(7) This section has effect notwithstanding anything in section 123 of the Local Government Act 1972 (general power to dispose of land) or in any other enactment; and the consent required by this section shall be in addition to any consent required by subsection (2) of that section or by any other enactment.
(8) In this section—
(a) references to disposing of land include granting or disposing of any interest in land, and
(b) references to entering into a contract to dispose of land include granting an option to acquire land or such an interest.
(9) Where a proposed disposal forms part of a proposed series of transactions, all disposals forming part of that series shall be treated as one disposal for the purposes of this section.
(10) The Secretary of State may by order substitute for the sum specified in subsection (4) above (whether as originally enacted or as previously amended by an order under this subsection) such sum as may be specified in the order.
(1) This section applies where—
(a) proposals for acquisition of grant-maintained status in respect of a school have been approved, and
(b) a local authority have made a disposal, or have entered into a contract, in contravention of section 41(1) of this Act.
(2) In the case of a contract which consists of granting an option to acquire any land or interest in land, the Education Assets Board may by notice in writing served on the option holder repudiate the option at any time before it is exercised.
(3) In the case of a contract to dispose of any land or to grant or dispose of any interest in land, the Education Assets Board may by notice in writing served on the other party to the contract, at any time before the conveyance or grant of the land or any interest in land to which it relates is completed or executed, repudiate the contract.
(4) A repudiation under subsection (2) or (3) above shall have effect as if—
(a) where it is made after the date of implementation of the proposals, the local authority (and not the governing body) were party to the contract, and
(b) the repudiation were made by the local authority.
(5) In the case of a disposal which consists in granting or disposing of any interest in land (whether or not in pursuance of any earlier contract falling within subsection (2) or (3) above) the Education Assets Board may be authorised by the Secretary of State to purchase compulsorily the interest in land which was the subject of the disposal.
(6) The Acquisition of Land Act 1981 shall apply in relation to the compulsory purchase of land under subsection (5) above as if references in sections 12 and 13 of that Act to every owner of the land included references to the local authority concerned.
(7) On completion of a compulsory purchase under that subsection of any interest in land, the Education Assets Board shall convey that interest to the governing body incorporated under Chapter II.
(8) Where the Education Assets Board acquire any interest in land by a compulsory purchase under subsection (5) above the Board shall be entitled to recover from the local authority concerned an amount equal to the aggregate of—
(a) the amount of compensation agreed or awarded in respect of that purchase, together with any interest payable by the Board in respect of that compensation in accordance with section 11 of the Compulsory Purchase Act 1965 or section 52A of the Land Compensation Act 1973, and
(b) the amount of the costs and expenses incurred by the Board in connection with the making of the compulsory purchase order.
(9) Section 41(8) of this Act applies for the purposes of this section as it applies for the purposes of that.
(1) Where the procedure for acquisition of grant-maintained status is pending in relation to any school, this section applies to any contract which, if the proposals for acquisition of grant-maintained status were implemented, would or might bind the governing body incorporated under Chapter II.
(2) Except with the appropriate consent, a local authority shall not enter into a contract to which this section applies.
(3) In the case of a contract entered into after the proposals have been approved by the Secretary of State, the appropriate consent is that of the new governing body.
(4) In relation to any other contract, the appropriate consent is—
(a) the consent of the existing governing body, and
(b) if (on the assumption in subsection (1) above) the contract will require the governing body incorporated under Chapter II to make payments amounting in aggregate to £15,000 or more, the consent of the Secretary of State.
(5) Any consent for the purposes of this section may be given either in respect of a particular contract or in respect of contracts of any class or description and either unconditionally or subject to conditions.
(6) A contract shall not be void by reason only that it has been entered into in contravention of this section and (subject to section 44 of this Act) a person entering into a contract with a local authority or governing body shall not be concerned to enquire whether any consent required by this section has been given or any conditions of such a consent have been complied with.
(7) Where there is an obligation under a contract to which this section applies to provide any benefit other than money, subsection (4)(b) above shall apply as if the obligation were to pay a sum of money corresponding to the value of the benefit to the recipient.
(8) This section does not apply to—
(a) a works contract (within the meaning of Part III of the Local Government, Planning and Land Act 1980) which is entered into in accordance with section 7 of that Act,
(b) a works contract (within the meaning of Part I of the Local Government Act 1988) which is entered into in accordance with section 4 of that Act,
(c) a contract to dispose of land (within the meaning of section 41 of this Act) or to grant an option to acquire land or an interest in land, or
(d) a contract of employment.
(9) The Secretary of State may by order substitute for the sum specified in subsection (4) above (whether as originally enacted or as previously amended by an order under this subsection) such sum as may be specified in the order.
(1) This section applies where—
(a) proposals for acquisition of grant-maintained status in respect of a school have been approved, and
(b) a local authority have entered into a contract to which section 43 of this Act applies in contravention of that section.
(2) The Education Assets Board may by notice in writing served on the other party to the contract repudiate the contract at any time before it is performed.
(3) A repudiation under subsection (2) above shall have effect as if—
(a) where it is made after the date of implementation of the proposals, the local authority (and not the governing body) were party to the contract, and
(b) the repudiation were made by the local authority.
45 Restriction on change of purpose for which property used or held.
(1) During any period when the procedure for acquisition of grant-maintained status is pending in relation to a school, a local authority shall not, in relation to any land or other property of the authority used or held for the purposes of the school, take without the required consent any action by which the land or other property ceases to any extent to be so used or held.
(2) In the case of anything done after proposals for acquisition of grant-maintained status have been approved, the required consent is that of the new governing body.
(3) In any other case the required consent is that of both the existing governing body and the Secretary of State.
(4) If in the case of any school—
(a) proposals for acquisition of grant-maintained status are approved, and
(b) a local authority have, in relation to any property, taken any action in contravention of subsection (1) above,
the provisions relating to the transfer of property shall have effect as if, immediately before the date of implementation of the proposals in relation to the school, the property were used or held by the authority for the purposes for which it was used or held when the procedure for acquisition of grant-maintained status was initiated.
(5) In this section—
(a) “the provisions relating to the transfer of property” means section 38 of this Act and section 198 of, and Schedule 10 to, the Education Reform Act 1988, and
(b) the references to taking action include appropriating property for any purpose.
(1) During any period when the procedure for acquisition of grant-maintained status is pending in relation to a school, the local education authority shall not do any of the things mentioned in subsection (2) below without the required consent.
(2) Those things are—
(a) the appointment of a person to fill a vacancy in a post which is part of the complement of the school or to work solely at the school in any other post,
(b) the dismissal (otherwise than under section 27(5) or 28(4) of the Education Act 1944 (special provisions as to religious education in voluntary schools)) of a person to whom subsection (3) below applies, and
(c) the withdrawal of such a person from work at the school (otherwise than by dismissing him).
(3) This subsection applies to any person who is employed—
(a) in a post which is part of the complement of the school, or
(b) to work solely at the school in any other post.
(4) The references in this section to the complement of the school are to the complement of teaching and non-teaching posts determined by the local education authority for the school under section 34 of the Education (No. 2) Act 1986 (determination of staff complement for schools).
(5) In the case of anything done after proposals for acquisition of grant-maintained status have been approved, the required consent is that of the new governing body.
(6) In any other case the required consent is that of both the existing governing body and the Secretary of State.
(1) No duty of a local education authority under paragraph 6 of the First Schedule to the Education Act 1946 (maintenance of voluntary schools) to convey their interest in any site or buildings to the trustees of a school shall be affected by the school subsequently becoming a grant-maintained school.
(2) Where such a duty is continued by virtue of subsection (1) above, then, in connection with the site in question, paragraphs 6 to 9 of that Schedule shall continue to apply after the school becomes a grant-maintained school as if it were a controlled school or, as the case may be, an aided or special agreement school.
(3) Where any such duty as is referred to in subsection (1) above, or imposed by section 284(1) of this Act, applies in relation to a school, then—
(a) if it applies immediately before the date of implementation of proposals for acquisition of grant-maintained status, section 38(1)(a) of this Act shall not apply to, or to any interest in, the site or buildings or, as the case may be, the premises to be conveyed, and
(b) if it applies at a time when the procedure for acquisition of grant-maintained status is pending, section 41 of this Act shall not apply to disposing, or entering into a contract to dispose, of the site or buildings or, as the case may be, the premises to be conveyed.
(4) Where immediately before the date of implementation of proposals for acquisition of grant-maintained status there is an agreement relating to any site or buildings made under paragraph 3 or 4 of that Schedule, section 38(1)(a) of this Act shall not apply to any rights or liabilities of any local authority under the agreement; and any directions given before that date under paragraph 5 of that Schedule, so far as they relate to the governing body of the school, shall have effect on or after that date as if they related to the governing body incorporated under section 34 of this Act.
(5) In section 197(7) of the Education Reform Act 1988 (duty of local education authority to give information to Education Assets Board), after “local education authority” there is inserted “ and any governing body of a maintained or grant-maintained school ” and for “this Act” there is substituted “ the Education Acts 1944 to 1993 ”.
(6) In paragraph 61 of Schedule 8 to the Further and Higher Education Act 1992 (new procedure, instead of paragraph 3 of Schedule 10 to the 1988 Act, where no agreement has been reached about transfers of assets under that Schedule and the transfer relates to the higher education sector), for “by virtue of section 126 or 130 and in such a case” there is substituted “ and ”.
(7) In paragraph 1(1) of Schedule 10 to the Education Reform Act 1988 (apportionment of property held), after “held” there is inserted “ or used ”.
(8) In paragraph 4(1) of that Schedule (registered land) for “by virtue of section 126 or 130” there is substituted “ to which this Schedule applies ”.
(9) In that Schedule, for “local education authority” in each place where it appears there is substituted “ local authority ”.
(1) This section has effect in respect of the area of a local education authority if an order under section 12(1) of this Act applies to the area.
(2) The funding authority may establish grant-maintained schools for the purpose of providing relevant education.
(3) Where the funding authority intend to establish a grant-maintained school, they shall—
(a) publish proposals for that purpose in such manner as may be prescribed, and
(b) submit a copy of the published proposals to the Secretary of State.
(4) Before publishing any proposals under this section the funding authority shall consult such persons as appear to them to be appropriate; and in discharging their duty under this subsection, the funding authority shall have regard to any guidance given to them from time to time by the Secretary of State.
(1) Where any persons (referred to in this Part of this Act as “promoters”) propose to establish a grant-maintained school, they shall—
(a) publish proposals for that purpose in such manner as may be prescribed, and
(b) submit a copy of the published proposals to the Secretary of State.
(2) Before publishing any proposals under this section the promoters shall consult—
(a) the funding authority, and
(b) such other persons as appear to them to be appropriate;
and in discharging their duty under this subsection, the promoters shall have regard to any guidance given from time to time by the Secretary of State.
(3) A local education authority may not establish any grant-maintained school.
(4) In relation to England this section has effect at any time after the funding authority have begun to exercise their functions.
50 Provisions supplementary to sections 48 and 49.
(1) Part II of Schedule 3 to this Act (which makes provision supplementing sections 48 and 49) shall have effect.
(2) Subsection (3) below applies where promoters propose to establish a grant-maintained school in place of an existing independent school which it is proposed to discontinue on or before the date of implementation of the proposals.
(3) Where this subsection applies, the proposals published by the promoters under section 49 of this Act shall, in addition to the matters required to be specified by virtue of paragraph 7 of Schedule 3 to this Act—
(a) specify any arrangements proposed to be made by the promoters for land and other property held for the purposes of the existing independent school to be held for the purposes of the grant-maintained school, and
(b) state whether there is a trust deed or other instrument relating to the existing independent school.
(4) References in this Part of this Act to proposals published under section 48 or 49 of this Act, in any case where the Secretary of State has modified such proposals in pursuance of this Part of this Act, are to the proposals as so modified.
(5) No proposals may be published under section 48 or 49 of this Act for a school which may provide any education which is neither primary nor secondary education unless it is—
(a) part-time education suitable to the requirements of persons of any age over compulsory school age, or full-time education suitable to the requirements of persons who have attained the age of nineteen years, or
(b) part-time education suitable to the requirements of junior pupils.
(1) Proposals published under section 48 of this Act require the approval of the Secretary of State if—
(a) he gives notice to that effect to the funding authority within two months after the submission to him of the published proposals,
(b) objections have been made under paragraph 10 of Schedule 3 to this Act within the period allowed under that paragraph (unless all objections so made have been withdrawn in writing within that period), or
(c) the proposals name a sponsor of the school.
(2) Proposals published under section 49 of this Act require the approval of the Secretary of State.
(3) Where under subsection (1) or (2) above any proposals require the approval of the Secretary of State, he may reject them, approve them without modification or, after consulting the funding authority and, in the case of proposals under section 49 of this Act, the promoters, approve them with such modifications as he thinks desirable.
(4) In relation to Wales, subsection (3) above shall have effect before the Schools Funding Council for Wales begin to exercise their functions with the omission of the reference to consulting the funding authority.
(5) In the case of proposals published under section 48 of this Act, particulars in respect of the proposed premises of the school prepared under paragraph 12 of Schedule 3 to this Act must be adopted by the funding authority.
(6) In the case of proposals published under section 49 of this Act, particulars in respect of the proposed premises of the school submitted under paragraph 12 of Schedule 3 to this Act require the approval of the funding authority.
(7) Where proposals published under section 48 of this Act do not require the approval of the Secretary of State, the funding authority shall determine whether to adopt the proposals.
(8) The funding authority shall—
(a) make any determination under subsection (7) above not later than four months after the publication of the proposals, and
(b) give notice in writing to the Secretary of State of their determination.
(1) Where any proposals are approved or adopted under section 51 of this Act, the persons who are appointed in accordance with regulations to be the initial first or (as the case may be) foundation governors shall on the incorporation date be incorporated as the governing body of the school under the name given in pursuance of paragraph 7(1)(f) of Schedule 3 to this Act.
(2) Where any proposals published under section 48 of this Act are so approved or adopted, the funding authority shall implement the proposals or, if under this subsection the Secretary of State modifies the proposals at their request, the proposals as modified.
(3) Where any proposals published under section 49 of this Act are so approved, the promoters shall implement the proposals or, if under this subsection the Secretary of State modifies the proposals at their request, the proposals as modified.
(4) Proposals required to be implemented under this section shall be implemented in accordance with any particulars adopted or approved under section 51(5) or (6) of this Act.
53 Exercise of powers before proposed date of implementation, and payment of grant.
(1) Where proposals have been approved or adopted under section 51 of this Act, the powers conferred on the governing body by or under this Part of this Act shall, until the date of implementation of the proposals, be exercised only for the purpose of or in connection with the conduct of the school on or after that date.
(2) In the case of proposals under section 49 of this Act, the funding authority may at any time after the incorporation date make grants to the governing body in respect of the provision of premises for the school.
(3) So far as the amount of any grant under subsection (2) above relates to the provision of a site for the school or of school buildings, it shall not exceed 85 per cent. of the sums expended by the governing body in respect of the provision of the site and buildings in question.
(4) Where proposals have been approved or adopted under section 51 of this Act, then, in respect of the period beginning with the incorporation date and ending immediately before the date of implementation of the proposals—
(a) Chapter VI shall not apply, but
(b) the funding authority may make grants to the governing body (other than grants in respect of the provision of premises for the school) in respect of expenditure incurred or to be incurred by that body.
(5) The funding authority may impose on a governing body to whom a grant is made under subsection (2) or (4) above such requirements as they may from time to time determine (whether before, at or after the time when the grant is made).
(6) Such requirements may, in particular, if any conditions specified in the requirements are satisfied, require the payment to the funding authority of the whole or any part of the following amount.
(7) That amount is—
(a) the amount of the payments made in respect of the grant, or
(b) so much of the value of any premises or equipment in respect of which the grant was paid as is determined in accordance with the requirements to be properly attributable to the payment of such grant,
whichever is the greater.
(8) No such requirement as is referred to in subsection (6) above may be imposed where any grant is made under subsection (2) above in respect of the provision of premises for the school if any freehold interest in the premises in respect of which the grant is paid is, or is to be, held on trust for the purposes of the school.
(9) In this section “site” does not include playing fields.
In relation to proposals for the establishment of a new grant-maintained school or to a school established in pursuance of such proposals—
(a) the date specified in the proposals as the proposed incorporation date is referred to in this Part of this Act as the “incorporation date”, and
(b) the date specified in the proposals as the proposed date of implementation is referred to in this Part of this Act as the “date of implementation of the proposals”.
55 Constitution of governing body and conduct of school.
(1) For every governing body of a grant-maintained school there shall be—
(a) an instrument (to be known as the instrument of government) providing for the constitution of the governing body, and
(b) an instrument (to be known as the articles of government) in accordance with which the school is to be conducted.
(2) The instrument and articles of government—
(a) shall comply with any requirements imposed by or under this Chapter, and
(b) may make any provision authorised by or under this Chapter to be made and such other provision as may be necessary or desirable.
(3) Subject to any express provision of the instrument or articles of government, the school shall be conducted in accordance with any trust deed relating to it.
(4) Schedule 5 to this Act (membership and proceedings etc. of governing bodies) shall have effect.
(5) Schedule 6 to this Act (content of articles of government) shall have effect.
56 Initial instruments and articles of government.
(1) The initial instrument of government for the governing body of a grant-maintained school, and the initial articles of government for such a school, shall be such as are prescribed.
(2) The initial instrument of government shall have effect as from the incorporation date.
(3) The initial articles of government shall have effect as from the date of implementation of the proposals but, in the case of a governing body incorporated in pursuance of proposals for the establishment of a new grant-maintained school, such of the articles as may be prescribed shall have effect as from the incorporation date.
(1) The Secretary of State may—
(a) if the governing body of a grant-maintained school submit a draft of an instrument of government to have effect in place of their existing instrument, by order make a new instrument of government in terms of the draft or in such terms as he thinks fit, and
(b) if such a governing body submit draft modifications of an instrument made under paragraph (a) above or, where an instrument of government made under Chapter IV of Part I of the Education Reform Act 1988 has effect by virtue of paragraph 1(2) of Schedule 20 to this Act, of that instrument, by order modify the instrument concerned in terms of the draft or in such terms as he thinks fit,
but shall not make a new instrument otherwise than in terms of the draft, or modify the instrument otherwise than in terms of the draft, unless he has consulted the governing body.
(2) No order may be made under subsection (1) above in respect of a school having foundation governors unless the governing body have consulted—
(a) the person who appoints the foundation governors, and
(b) in the case of a Church of England, Church in Wales or Roman Catholic Church school, the appropriate diocesan authority (if different).
(3) The Secretary of State may by order modify the instrument of government for the governing body of any grant-maintained school.
(4) An order under subsection (3) above—
(a) may relate to all grant-maintained schools, to any category of such schools specified in the order or to any such school so specified, but
(b) shall not be made unless the Secretary of State has consulted—
(i) the governing body of each grant-maintained school to which the order relates,
(ii) if the order relates only to a school having foundation governors, the person who appoints them and, if it is a Church of England, Church in Wales or Roman Catholic Church school, the appropriate diocesan authority (if different), and
(iii) if the order relates to two or more schools and any of the schools are Church of England, Church in Wales or Roman Catholic Church schools having foundation governors, a body appearing to the Secretary of State to be representative of the church in question in matters relating to the provision of education in grant-maintained schools having foundation governors.
(5) Where, by reason of the making of a new instrument, or the modification of an instrument, under this section the number of governors of any category will (unless the required number of governors of that category resign) exceed the number provided for in the instrument, the new instrument or, as the case may be, the instrument as modified shall provide—
(a) for such number of governors of that category as is required to eliminate the excess to cease to hold office, and
(b) for the selection of those who are to cease to hold office.
(1) The governing body of a grant-maintained school may, with the consent of the Secretary of State—
(a) make new articles of government in place of the existing articles for the school, or
(b) modify any articles made under paragraph (a) above or, where articles made under Chapter IV of Part I of the Education Reform Act 1988 have effect by virtue of paragraph 1(2) of Schedule 20 to this Act, those articles.
(2) Before exercising that power, the governing body of a school having foundation governors shall consult—
(a) the person who appoints the foundation governors, and
(b) in the case of a Church of England, Church in Wales or Roman Catholic Church school, the appropriate diocesan authority (if different).
(3) The Secretary of State may by a direction under this section require the governing bodies of grant-maintained schools or any class of such schools specified in the direction or the governing body of any particular grant-maintained school so specified to modify their articles of government in any manner so specified.
(4) Before giving a direction under this section, the Secretary of State shall consult—
(a) the governing body or (as the case may be) each governing body to which the direction applies,
(b) if the direction relates only to a school having foundation governors, the person who appoints them and, if it is a Church of England, Church in Wales or Roman Catholic Church school, the appropriate diocesan authority (if different), and
(c) if the direction relates to two or more schools and any of the schools are Church of England, Church in Wales or Roman Catholic Church schools having foundation governors, a body appearing to the Secretary of State to be representative of the church in question in matters relating to the provision of education in grant-maintained schools having foundation governors.
(1) Subject to subsection (6) below, the instrument of government for the governing body of a grant-maintained school shall provide for the governing body to include parent governors.
(2) Subject to subsection (7) below, the instrument shall provide for the number of parent governors to be—
(a) in the case of a primary school, not less than three nor more than five, and
(b) in the case of a secondary school, five.
(3) The instrument shall provide that 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,
the required number of parent governors shall be made up by persons appointed by the other members of the governing body.
(4) The instrument shall require governors, in appointing a person under a provision made by virtue of subsection (3) above—
(a) to appoint a person who is the registered 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) In the case of a governing body incorporated in pursuance of proposals for acquisition of grant-maintained status, in relation to the election of a person as a parent governor to the new governing body—
(a) section 15(2) to (6) of the Education (No. 2) Act 1986 (qualifications and arrangements for election of parent or teacher governors) shall apply as it applies in relation to the election of a parent governor to the existing governing body, and
(b) the new governing body shall inform the authority responsible for election arrangements under that Act of any vacancy arising for a parent governor,
and the instrument shall have effect accordingly.
(6) In the case of a governing body incorporated in pursuance of proposals for the establishment of a new grant-maintained school, the instrument shall have effect as if—
(a) before the date of implementation of the proposals, the governing body had power to appoint as parent governors persons who satisfy the prescribed requirements, and
(b) the first appointments were to be made before that date.
(7) In the case of a primary school, the initial instrument shall provide for the number of parent governors to be such number (being not less than three nor more than five) as is specified in the proposals for acquisition of grant-maintained status or, as the case may be, the proposals for the establishment of a new grant-maintained school.
(8) Subsection (3) above does not apply, in the case of a governing body incorporated in pursuance of proposals for the establishment of a new grant-maintained school, to vacancies arising before the date of implementation of the proposals.
(1) Subject to subsection (4) below, the instrument of government for the governing body of a grant-maintained school shall provide for the governing body to include teacher governors.
(2) Subject to subsection (5) below, the instrument shall provide for the number of teacher governors to be either one or two.
(3) In the case of a governing body incorporated in pursuance of proposals for acquisition of grant-maintained status, in relation to the election of a person as a teacher governor to the new governing body—
(a) section 15(2) to (6) of the Education (No. 2) Act 1986 shall apply as it applies in relation to the election of a teacher governor to the existing governing body, and
(b) the new governing body shall inform the authority responsible for election arrangements under that Act of any vacancy arising for a teacher governor,
and the instrument shall have effect accordingly.
(4) In the case of a governing body incorporated in pursuance of proposals for the establishment of a new grant-maintained school, the instrument shall have effect as if—
(a) before the date of implementation of the proposals, the governing body had power to appoint as teacher governors persons who satisfy the prescribed requirements, and
(b) the first appointments were to be made before that date.
(5) The initial instrument shall provide for the number of teacher governors to be such number (being either one or two) as is specified in the proposals for acquisition of grant-maintained status or, as the case may be, the proposals for the establishment of a new grant-maintained school.
(1) Subject to subsection (3) below, the instrument of government for the governing body of a grant-maintained school shall provide for the governing body to include (as a governor ex officio) the person who is for the time being the head teacher.
(2) In the case of a governing body incorporated in pursuance of proposals for acquisition of grant-maintained status, the reference in subsection (1) above to the head teacher, in relation to any time before the date of implementation of the proposals, is to the existing head teacher.
(3) In the case of a governing body incorporated in pursuance of proposals for the establishment of a new grant-maintained school, the initial instrument of government for the school shall provide, in relation to any time before the date of implementation of the proposals when a person has been appointed to be the head teacher, for the governing body to include (as a governor ex officio) that person.
(1) The instrument of government for the governing body of a grant-maintained school which—
(a) is a county school immediately before it becomes grant-maintained, or
(b) is established in pursuance of proposals published under section 48 of this Act,
shall provide for the governing body to include first governors.
(2) The instrument shall provide for such number of first governors as will secure that they outnumber the other governors.
(3) Subject to subsections (5) and (6) below, the instrument—
(a) shall require—
(i) at least two of the first governors to be (on the date or dates on which they respectively take office) parents of registered pupils at the school, and
(ii) at least two of the first governors to be (on the date or dates on which they respectively take office) members of the local community,
but one person may satisfy both requirements, and
(b) shall require the governing body, in appointing first governors, to secure that those governors include persons appearing to them to be members of the local business community (and such persons may also satisfy one or both of the requirements of paragraph (a)(i) and (ii) above).
(4) The initial instrument shall provide for the number of first governors to be such number (being a number which will secure that they will outnumber the other governors) as is specified in the proposals for acquisition of grant-maintained status or, as the case may be, the proposals for the establishment of a new grant-maintained school.
(5) In the case of a grant-maintained school which is a county school immediately before it becomes grant-maintained, the instrument, notwithstanding subsection (3) above, shall have effect in relation to the determination of initial first governors—
(a) as if—
(i) it required the first governors to include at least two persons who on the date of their selection or nomination are parents of registered pupils at the school, and
(ii) it required the first governors to include at least two persons who appear to those selecting or nominating them to be members of the local community,
but one person might satisfy both requirements, and
(b) as if it required the first governors to include persons who appear to those selecting or nominating them to be members of the local business community (and such persons might also satisfy one or both of the requirements of paragraph (a)(i) and (ii) above).
(6) In the case of a grant-maintained school established in pursuance of proposals published under section 48 of this Act—
(a) any provision of the instrument made by virtue of subsection (3)(a)(i) above shall not apply in relation to the appointment before the date of implementation of the proposals of any first governor, and
(b) any provision of the instrument made by virtue of subsection (3)(b) above shall apply as if references to the governing body were references to the funding authority.
(7) References in this section to governors other than first governors do not include sponsor governors.
64 Power of the Secretary of State to replace first governors.
(1) The instrument of government for the governing body of a grant-maintained school which—
(a) is a county school immediately before it becomes grant-maintained, or
(b) is established in pursuance of proposals published under section 48 of this Act,
shall provide for the Secretary of State to have power, where any of subsections (2) to (4) below apply, to replace all or any of the first governors.
(2) This subsection 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 subsection 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 this 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 this Act or the period allowed by subsection (2) of that section for the preparation of such a statement has expired;
and expressions used in this subsection and in that Part have the same meaning as in that Part.
(4) This subsection applies where in the opinion of the Secretary of State any action taken or proposed by the governing body of the school, or any failure of the governing body to act, is prejudicial to the provision of education by the school.
(5) The instrument of government for a grant-maintained school which—
(a) is a county school immediately before it becomes grant-maintained, or
(b) is established in pursuance of proposals published under section 48 of this Act,
shall enable the Secretary of State 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 unwilling to fill the vacancies.
(6) Any provision made by the instrument of government in pursuance of section 63(3) of this Act shall not apply for the purposes of the appointment by virtue of this section of any first governor.
(1) The instrument of government for the governing body of a grant-maintained school which—
(a) is a voluntary school immediately before it becomes grant-maintained, or
(b) is established in pursuance of proposals published under section 49 of this Act,
shall provide for the governing body to include foundation governors.
(2) The instrument shall provide for such number of foundation governors as will secure that they outnumber the other governors.
(3) Subject to subsection (5) below, the instrument may provide for any foundation governorship to be held ex officio.
(4) Subject to subsection (7) below, the instrument—
(a) where it provides for a foundation governorship to be held ex officio, shall specify the office the holder of which is to be a foundation governor, and
(b) shall name the person or persons (if any) who are entitled to appoint any foundation governor.
(5) An additional foundation governor appointed by virtue of provision made in the instrument of government in pursuance of section 67(2) of this Act may not be appointed to hold office ex officio.
(6) Subject to subsections (8) and (9) below, the instrument shall provide for at least two of the foundation governors to be (on the date or dates on which they respectively take office) parents of registered pupils at the school.
(7) The initial instrument shall—
(a) provide for the number of foundation governors to be such number (being a number which will secure that they will outnumber the other governors) as is specified,
(b) in the case of a grant-maintained school which is a voluntary school immediately before it becomes grant-maintained, provide for the person or persons who, immediately before the incorporation date, were named in the school’s instrument of government as being entitled to appoint foundation governors (within the meaning of the Education Act 1944) to the existing governing body to be entitled to appoint the foundation governors for the governing body of the grant-maintained school,
(c) in the case of a grant-maintained school established in pursuance of proposals under section 49 of this Act, provide for the promoters to be entitled to appoint the foundation governors,
(d) where it provides for a foundation governorship to be held ex officio, provide for it to be held by the holder of a specified office,
and in this subsection “specified” means specified in the proposals for acquisition of grant-maintained status or, as the case may be, the proposals for the establishment of a new grant-maintained school.
(8) In the case of a grant-maintained school which is a voluntary school immediately before it becomes grant-maintained, the instrument shall have effect, notwithstanding anything in subsection (6) above, in relation to the determination of initial foundation governors as if it provided for the foundation governors to include at least two persons who on the date of their selection or appointment are parents of registered pupils at the school.
(9) In the case of a grant-maintained school established in pursuance of proposals published under section 49 of this Act, subsection (6) above shall not apply in relation to the appointment of any foundation governor before the date of implementation of the proposals.
(1) The instrument of government for the governing body of a grant-maintained secondary school may—
(a) name a person as a sponsor of the school, and
(b) provide for the governing body to include such number of sponsor governors, not exceeding four, as is specified in the instrument.
(2) Where a governing body of a school are to be incorporated in pursuance of proposals for acquisition of grant-maintained status, or proposals for the establishment of a new grant-maintained school, which name a person as a sponsor of the school, and the school is to be a secondary school, the initial instrument of government shall provide—
(a) for the person so named to be a sponsor of the school, and
(b) for the governing body to include such number of sponsor governors, not exceeding four, as is specified in the proposals.
(3) Where the instrument of government provides for two or more persons named as sponsors of the school in such proposals or, as the case may be, in the instrument to appoint governors—
(a) it shall provide for each sponsor to appoint such number of governors as is specified in relation to him in the proposals or, as the case may be, instrument, and
(b) it may not provide for any of those governors to be appointed by two or more sponsors acting jointly.
(4) In the case of a governing body incorporated in pursuance of proposals for the establishment of a new grant-maintained school which name a person as a sponsor of the school, the instrument of government shall have effect as if it required the first appointments of sponsor governors to be made before the date of implementation of the proposals.
(1) The instrument of government for the governing body of a grant-maintained school shall enable the Secretary of State to appoint not more than two additional governors if it appears to him that the governing body are not adequately carrying out their responsibilities in respect of the conduct or management of the school.
(2) The instrument shall enable the appointing authority, during any period when any additional governors appointed by the Secretary of State by virtue of subsection (1) above are in office, to appoint a number of additional first or, as the case may be, foundation governors not greater than the number of additional governors appointed by the Secretary of State who are then in office.
(3) In subsection (2) above, “the appointing authority” means the person entitled to appoint the first or, as the case may be, foundation governors on the governing body or, if more than one person is so entitled, the persons so entitled acting jointly.
(1) The governing body of a grant-maintained school incorporated in pursuance of proposals for acquisition of grant-maintained status may conduct a school of the same description as the school immediately before the date of implementation of the proposals.
(2) The governing body of a grant-maintained school incorporated in pursuance of proposals for the establishment of a new grant-maintained school may conduct a school of the description in the proposals.
(3) The school conducted by the governing body of a grant-maintained school shall not be regarded as of a different description, where changes have been made in the character or premises of the school since the date of implementation of the proposals, to that immediately before that date or, as the case may be, to that in the proposals if the changes—
(a) did not require authorisation under Chapter VII, or
(b) were authorised under that Chapter.
(4) Subject to subsections (6) and (7) below and to any provision made by the instrument or articles of government, the governing body of a grant-maintained school may do anything which appears to them to be necessary or expedient for the purpose of or in connection with the conduct of the school as for the time being constituted.
(5) The power conferred by subsection (4) above includes in particular power—
(a) in the case of a grant-maintained school established in pursuance of proposals for acquisition of grant-maintained status, to assume the conduct, as from the date of implementation of the proposals, of the school as constituted immediately before that date,
(b) in the case of a grant-maintained school established in pursuance of proposals for the establishment of a new grant-maintained school, to conduct, as from the date of implementation of the proposals, a school of the description in the proposals,
(ba) to borrow such sums as the governing body think fit and, in connection with such borrowing, to grant any mortgage, charge or other security over any land or other property of the governing body,
(c) to acquire and dispose of land and other property,
(d) to enter into contracts, including, in particular, contracts for the employment of teachers and other staff,
(e) to invest any sums not immediately required for the purposes of meeting the expenses of conducting the school or any liability transferred to the governing body under section 38 of this Act, and
(f) to accept gifts of money, land or other property and apply it, or hold and administer it on trust, for such purposes.
(6) The power to borrow sums and grant security mentioned in subsection (5)(ba) above may only be exercised with the written consent of the Secretary of State (which may be given for particular borrowing or for borrowing of a particular class); but this subsection does not apply in relation to loans under section 92 of this Act.
(7) The power to dispose of land mentioned in subsection (5)(c) above mayonly be exercised with the written consent of the Secretary of State.
(8) Without prejudice to subsection (4) above, but subject to any provision made by the instrument or articles of government, the governing body of a grant-maintained school may provide education at the school which is neither primary nor secondary education if—
(a) it is part-time education suitable to the requirements of persons of any age over compulsory school age, or full-time education suitable to the requirements of persons who have attained the age of nineteen years,
(b) it is part-time education suitable to the requirements of junior pupils who have not attained the age of five years and the school provides full-time education for junior pupils of the same age, or
(c) they do so as agents for a local education authority under arrangements made with the authority for the purpose.
(1) Two or more grant-maintained schools may enter into a scheme under this section (referred to in this section and section 70 of this Act as a “joint scheme”).
(2) A joint scheme may—
(a) authorise or require the governing bodies of the schools to which the scheme applies to establish joint committees constituted in accordance with the scheme,
(b) provide for the meetings and proceedings of any joint committee so constituted, and
(c) authorise or require the governing bodies of the schools to which the scheme applies to delegate, in such circumstances as may be determined in accordance with the scheme, such of their functions as may be so determined to any joint committee so constituted.
(3) A scheme providing for any joint committee must provide for the committee—
(a) to consist only of persons who are governors of the schools to which the scheme applies, and
(b) to include a head teacher of one of those schools, a parent governor of one of those schools and a first or foundation governor of one of those schools.
(4) A joint scheme may authorise or require the governing bodies of the schools to which the scheme applies to exercise jointly, in such circumstances as may be determined in accordance with the scheme, such of their functions as may be so determined; but such a scheme may not provide for the joint exercise of any function relating to the employment of teachers unless it also provides for the establishment of a joint committee to exercise that function.
(5) In relation to any teacher employed in pursuance of a joint scheme, the School Teachers’ Pay and Conditions Act 1991 shall have effect as if he were employed by the joint committee required by subsection (4) above to be established and that joint committee were the governing body of a grant-maintained school.
(6) A joint scheme shall provide for any expenses of exercising any functions in pursuance of the scheme.
(7) A joint scheme shall have effect notwithstanding anything contained (whether in pursuance of a requirement under this Act or otherwise) in the instrument or articles of government for any of the schools to which the scheme applies.
(8) A joint scheme shall not have effect in relation to any matter dealt with in any co-ordinated arrangements for admissions (within the meaning of section 260 of this Act) contained in an agreement approved by the Secretary of State under that section or made in pursuance of a scheme under that section.
(1) A joint scheme shall not come into force until it has been approved by the Secretary of State.
(2) A joint scheme shall provide for the scheme to cease to have effect where the governing bodies of all the schools to which the scheme applies agree.
(3) A joint scheme—
(a) may be varied by the governing bodies of all the schools to which the scheme applies if the variations are minor variations or the Secretary of State has approved the variations,
(b) if the Secretary of State so directs, shall be varied by the governing bodies in accordance with the direction, and
(c) if the Secretary of State so directs, shall cease to have effect.
(4) The Secretary of State may—
(a) approve a scheme, or variations, with such modifications as he thinks fit, or
(b) give a direction under subsection (3)(b) or (c) above,
only after proper consultations.
(5) In subsection (4) above, “proper consultations” means consultations with the governing bodies of every school—
(a) in the case of a proposed scheme, to which the scheme will apply,
(b) in the case of a variation, to which the scheme applies, or will apply after the variation, and
(c) in the case of a direction for a scheme to cease to have effect, to which the scheme applies.
(6) The Secretary of State may by order specify what descriptions of variation are to be regarded as minor for the purposes of this section.
71 Determination of initial parent and teacher governors.
(1) Where proposals are required to be published under section 32 of this Act in respect of a school, this section applies for the purpose of determining the persons who are to be named in the proposals as proposed initial governors of any elected category.
(2) The authority responsible for election arrangements under the Education (No. 2) Act 1986 shall secure that—
(a) any election or appointment required for filling any vacancy on the existing governing body occurring before the date of publication of the proposals (including any vacancy arising by virtue of section 72(1) of this Act), and
(b) any election or appointment required by subsection (7) below,
is held or made if possible before that date, and otherwise as soon as possible afterwards.
(3) Subject to subsection (4) below, any person who on the date of publication of the proposals is an eligible governor of an elected category on the existing governing body shall be named in the proposals as published as a proposed initial governor of that category.
(4) If the number of governors of any elected category to be specified in the proposals is less than the number which, on the date of publication of the proposals, will be the number of eligible governors of that category on the existing governing body, such of the eligible governors of that category as may before the date of publication of the proposals be determined—
(a) by agreement between them, or
(b) in default of agreement, by drawing lots,
shall be named in the proposals as published as the proposed initial governors of that category.
(5) The existing governing body shall secure that any persons required to be named in the proposals in accordance with subsection (4) above are determined before the date of publication of the proposals.
(6) Subsection (7) below applies if the number which is, or is to be, specified in the proposals of governors of any elected category is greater than the complement of eligible governors of that category on the existing governing body on the date of publication of the proposals; and for those purposes that complement is—
(a) the number (if any) of eligible governors of that category on the existing governing body, plus
(b) the number (if any) of outstanding vacancies for governors of that category on the existing governing body.
(7) The authority responsible for election arrangements under the Education (No. 2) Act 1986 shall secure that such number of persons are elected or appointed by the procedure applicable under that Act to hold office on the proposed governing body as governors of that category as is required to make up the difference between the number specified or to be specified in the proposals and the complement of eligible governors of that category on the existing governing body.
(8) In a case to which subsection (7) above applies, the persons to be named in the proposals as published as the proposed initial governors of the category concerned shall be—
(a) any eligible governor of that category, and
(b) any person elected or appointed under subsection (7) above as an initial governor of that category before the date of publication of the proposals.
(1) Subject to subsection (2) below, where the members of the existing governing body of a school to which section 71 of this Act applies include a person—
(a) who holds office as a governor of an elected category, and
(b) whose term of office is due to come to an end before the date of implementation of the proposals or at any time within the period of six months beginning with that date,
the governing body may by notice in writing to that person terminate his term of office on a date specified in the notice.
(2) The governing body may only terminate a person’s term of office under subsection (1) above if—
(a) his term of office is due to come to an end after the proposed date of publication of the proposals, or
(b) it would not in their view be reasonably practicable, in the time available between the date on which his term of office is due to come to an end and the proposed date of publication of the proposals, to fill the vacancy by the procedure applicable under the Education (No. 2) Act 1986.
(3) Without prejudice to section 8(2) of that Act (instrument of government for county, controlled or maintained special school to provide for four year term of office for governors other than ex officio governors), the term of office of a person elected or appointed in accordance with the requirements of that Act and any requirements of the instrument of government of the school to fill a vacancy arising by virtue of subsection (1) above shall be four years.
(4) Where any such election or appointment as is referred to in section 71(2) of this Act is held or made on or after the date of publication of the proposals, the existing governing body shall publish at such time and in such manner as may be prescribed notice of the election or appointment.
73 Determination of initial first or foundation governors.
(1) Where proposals are required to be published under section 32 of this Act in respect of a county school, the existing governing body shall select the persons who are to be the initial first governors.
(2) Where proposals are required to be published under section 32 of this Act in respect of a voluntary school, the person or persons named in the school’s instrument of government as being entitled to appoint foundation governors (within the meaning of the Education Act 1944) to the existing governing body shall select the persons who are to be the initial foundation governors.
(3) The duties under subsections (1) and (2) above are to be complied with, if possible, before the date of publication of the proposals and otherwise as soon as possible after that date.
(4) Any person selected under subsection (1) or (2) above shall, if possible, be named in the proposals as published as a proposed initial first or, as the case may be, foundation governor.
(5) In the case of any person so selected who is not named in the proposals as published, the existing governing body shall—
(a) give the Secretary of State notice in writing of the relevant particulars in respect of the person selected before such date as may be specified in directions given by the Secretary of State, and
(b) publish at such time and in such manner as may be prescribed notice of his selection.
(6) Where the Secretary of State is notified of any particulars under subsection (5) above, he shall modify the proposals by including in them the particulars notified to him.
(7) The existing governing body shall secure that any selection required by subsection (2) above is carried out in accordance with that subsection.
(8) Where any selection falls in accordance with subsection (2) above to be made by two or more persons, it shall be made by those persons acting jointly; and if they fail to agree on the selection, it shall be made by the Secretary of State or in accordance with directions given by him.
(9) Before selecting, or giving any direction as to the selection of, an initial foundation governor in a case where religious education in accordance with the tenets of a particular religion or religious denomination is given to pupils at the school in pursuance of section 27 or 28 of the Education Act 1944 (religious education at voluntary schools), the Secretary of State shall consult the persons appearing to him to be the appropriate authority of the religion or denomination concerned.
74 Replacement of proposed initial parent and teacher governors before incorporation.
(1) This section applies where proposals published under section 32 of this Act are pending in respect of a school.
(2) If a person named in the proposals as a proposed governor of an elected category who was elected under section 71 of this Act or this section—
(a) dies,
(b) becomes prospectively disqualified for holding office as such a governor on the proposed governing body, or
(c) notifies the existing governing body that he is no longer willing to serve on the proposed governing body,
then, subject to subsection (3), below the authority responsible for election arrangements under the Education (No. 2) Act 1986 in relation to the school shall secure that a person is elected or appointed by the procedure applicable under that Act to hold office on the proposed governing body in his place.
(3) Where in a case to which subsection (2) above applies the Secretary of State is satisfied that it would not be reasonably practicable to hold an election or make an appointment in accordance with that subsection in the time available, he shall modify the proposals by including in them (in substitution, where appropriate, for any particulars they supersede) the relevant particulars in respect of a person nominated by the existing governing body.
(4) If at any time a person named in the proposals as a proposed governor of an elected category who was so named by virtue of being an eligible governor of that category—
(a) ceases to hold office on the existing governing body,
(b) becomes prospectively disqualified for holding office as such a governor on the proposed governing body, or
(c) notifies the existing governing body that he is no longer willing to serve on the proposed governing body,
the Secretary of State shall modify the proposals by including in them (in substitution, where appropriate, for any particulars they supersede) the relevant particulars in respect of a person nominated by the existing governing body who is at that time an eligible governor of that category who is neither named in the proposals nor prospectively disqualified as mentioned in paragraph (b) above.
(5) Where in a case to which subsection (4)(a) above applies—
(a) there is no such eligible governor at the time in question, and
(b) the Secretary of State is satisfied that it would not be reasonably practicable in the time available before he determines the proposals to fill the vacancy on the existing governing body by the procedure applicable under the Education (No. 2) Act 1986,
the Secretary of State shall modify the proposals by including in them (in substitution, where appropriate, for any particulars they supersede) the relevant particulars in respect of a person nominated by the existing governing body.
(6) Where in a case to which subsection (4)(b) or (c) above applies there is no such eligible governor at the time in question, subsection (2) above shall apply as if the former proposed governor had been elected under section 71 of this Act.
(7) If a person named in the proposals as a proposed governor of an elected category who was nominated by the existing governing body under this section—
(a) dies,
(b) becomes prospectively disqualified for holding office as such a governor on the proposed governing body, or
(c) notifies the existing governing body that he is no longer willing to serve on the proposed governing body,
the Secretary of State shall modify the proposals by including in them (in substitution, where appropriate, for any particulars they supersede) the relevant particulars in respect of a person nominated by the existing governing body.
(8) References in this section to a person named in the proposals include any person required to be so named.
(9) The existing governing body shall—
(a) give the Secretary of State notice in writing of the occurrence of any event within subsection (2), (4) or (7) above,
(b) make any nomination required for the purposes of this section, and
(c) give the Secretary of State notice in writing of the relevant particulars in respect of any person nominated by them under this section.
75 Replacement of proposed initial first or foundation governors before incorporation.
(1) Where proposals published under section 32 of this Act are pending in respect of a county school and a person selected under section 73(1) of this Act to be a first governor—
(a) dies,
(b) becomes prospectively disqualified for holding office as such a governor on the proposed governing body, or
(c) notifies the existing governing body that he is no longer willing to serve on the proposed governing body,
the Secretary of State shall modify the proposals by including in them (in substitution, where appropriate, for any particulars they supersede) the relevant particulars in respect of a person nominated by the existing governing body.
(2) Where proposals published under section 32 of this Act are pending in respect of a voluntary school and a person selected under section 73(2) of this Act to be a foundation governor—
(a) dies,
(b) becomes prospectively disqualified for holding office as such a governor on the proposed governing body, or
(c) notifies the existing governing body that he is no longer willing to serve on the proposed governing body,
the Secretary of State shall modify the proposals by including in them (in substitution, where appropriate, for any particulars they supersede) the relevant particulars in respect of a person nominated by the person or persons named in the school’s instrument of government as being entitled to appoint the foundation governors (within the meaning of the Education Act 1944) to the existing governing body.
(3) Subsections (8) and (9) of section 73 of this Act apply for the purposes of subsection (2) above as they apply for the purposes of that section, but as if references to selection were to nomination.
(4) The existing governing body shall—
(a) give the Secretary of State notice in writing of the occurrence of any event within subsection (1) or (2) above,
(b) make or secure the making of any nomination required for the purposes of this section, and
(c) give the Secretary of State written notification of the relevant particulars in respect of any person nominated under this section.
76 Elections and appointments required for determining initial governors of an elected category: supplementary provisions.
(1) Section 15(2) to (6) of the Education (No. 2) Act 1986 shall apply in relation to the election of a person under section 71 or 74 of this Act to hold office as an initial parent governor or an initial teacher governor as it applies in relation to the election of a parent governor or teacher governor to the existing governing body.
(2) Where the authority responsible for election arrangements under the Education (No. 2) Act 1986 in relation to a school to which section 71 of this Act applies is the local education authority, the existing governing body shall give notice in writing to the authority of the proposed date of publication of the proposals for acquisition of grant-maintained status for the school.
(3) Where the authority responsible for election arrangements under the Education (No. 2) Act 1986 in relation to a school to which section 71 or 74 of this Act applies is the local education authority, the existing governing body shall notify the authority in writing—
(a) of any election or appointment which appears to them to be required under section 71 or 74 of this Act in relation to the proposed governing body, and
(b) if the number of eligible governors of any category on the existing governing body is for the time being less than the proposed number of initial governors of that category, of any vacancy on the existing governing body for a governor of that category.
(4) Where an election or appointment required for determining a proposed initial governor of any category is held or made at a time when proposals published under section 32 of this Act are pending in respect of the school, the existing governing body shall give the Secretary of State notice in writing of the relevant particulars in respect of the person elected or appointed.
(5) Where the Secretary of State is notified of any particulars under subsection (4) above, he shall modify the proposals by including in them the particulars notified to him (in substitution, where appropriate, for any particulars they supersede).
(6) For the purposes of subsection (4) above, an election or appointment is required for determining a proposed initial governor of any category if—
(a) it is required under section 71 or 74 of this Act, or
(b) it is required for filling a vacancy on the existing governing body for a governor of that category and the number of eligible governors of that category on the existing governing body is for the time being less than the proposed number of initial governors of that category.
(1) In relation to any governing body to be incorporated under Chapter II in pursuance of proposals for acquisition of grant-maintained status which give the name of a sponsor of the school, regulations shall make provision—
(a) for the determination of the persons who are to be the initial sponsor governors, and
(b) for the persons so determined to be named in the proposals, whether as published or as modified in pursuance of the regulations.
(2) The regulations may in particular make provision corresponding to any of the provisions of sections 71 to 76 of this Act.
78 Initial governors for new grant-maintained schools.
(1) This section applies in relation to any governing body to be incorporated under Chapter IV.
(2) Regulations shall make provision for the appointment of the persons who are to be the initial governors and, in particular, shall require each appointing authority—
(a) to obtain the Secretary of State’s consent before making any appointment, and
(b) to notify the Secretary of State before the incorporation date of the appointments to all the initial governorships for which the authority is the appointing authority.
(3) In subsection (2) above, the “appointing authority” in relation to any appointment, means the person entitled to make the appointment.
(1) The proceedings of the governing body of a grant-maintained school shall not be invalidated by any defect in any procedure required under this Chapter in relation to the determination of any person to hold office as an initial governor.
(2) This section does not prejudice the generality of paragraph 11 of Schedule 5 to this Act.