Education Reform Act 1988

67 Provisions supplementary to section 66.E+W

(1)Subject to subsection (2) below, where in the case of any school to which section 66 of this Act applies the members of the existing governing body include any 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 proposed date of implementation 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 this section 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 to fill the vacancy arising from the termination of his term of office by the procedure applicable under the 1986 Act in the time available between the date on which it is due to come to an end and the proposed date of publication of the proposals.

(3)Without prejudice to section 8(2) of the 1986 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 the 1986 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)It shall be the duty of the authority responsible for election arrangements under the 1986 Act in relation to any school to which section 66 of this Act applies to 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 subsection (1) above); and

(b)any election required by that section;

is held or made if possible before that date, and otherwise as soon as possible after that date.

(5)Where the selection of any person to be a foundation governor on the initial governing body of any such school falls in accordance with section 66(8) of this Act to be made by two or more persons, it shall be made by those persons acting jointly; and if those persons fail to agree on the selection, it shall be made by the Secretary of State or in accordance with any direction given by him.

(6)Before selecting, or giving any direction as to the selection of, a person to be a foundation governor on the initial governing body of any such school where religious education in accordance with the tenets of a particular religious denomination is given to any pupils in pursuance of section 27 or 28 of the 1944 Act (religious education at voluntary schools), the Secretary of State shall consult the persons appearing to him to be the appropriate authority of the denomination concerned.