Education Act 1996

Articles of government

127Articles of government

(1)For every county, voluntary and maintained special school there shall be an instrument (known as the articles of government) in accordance with which the school is to be conducted.

(2)The articles of government shall be made by order of the local education authority.

(3)The articles 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 articles of government shall comply with any trust deed relating to the school.

128Procedure for making and altering articles of government

(1)Before making an order under section 127, a local education authority shall consult the governing body and the head teacher of the school concerned.

(2)Before making an order under section 127 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; and

(b)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 articles of government for the school, the authority shall consider their proposal.

(4)Where a local education authority—

(a)propose to make an order under section 127 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),

the authority or (as the case may be) the governing body may refer the matter to the Secretary of State.

(5)On a reference to him under subsection (4), 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.

(6)Where it appears to the Secretary of State—

(a)that an order, or proposed order, under section 127 is in any respect inconsistent with the provisions of any trust deed relating to the school, 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.

(7)References in this section to an order, or proposed order, under section 127 are references to an order, or proposed order, under that section embodying or varying the articles of government for a school.

129Overriding, and amendment, of articles where school has a delegated budget

(1)During any period when a school has a delegated budget under such a scheme as is mentioned in section 101(1), any provisions of the articles of government of the school which are inconsistent with the operation during that period of any provisions of Chapter V or of the scheme shall be of no effect to the extent of the inconsistency.

(2)If a school’s articles of government contain any provisions to which subsection (1) applies (“inconsistent provisions”), the local education authority shall amend the articles so as to include in relation to each inconsistent provision the statement required by subsection (3).

(3)The statement shall specify—

(a)the inconsistent provision,

(b)the provision of Chapter V or of the scheme with the operation of which it is inconsistent (the “overriding provision”), and

(c)the extent of the inconsistency,

and shall indicate that, during any period when the school has a delegated budget, the inconsistent provision is superseded by the overriding provision to the extent of the inconsistency.

(4)Any amendment required by subsection (2) shall be made within the period of five years beginning with the date on which begins the financial year in which the school first has a delegated budget under the scheme.

(5)Any such amendment shall be made by order under section 127; but section 128 shall not apply in relation to an order made under section 127 by virtue of this subsection.