Education Act 1996

The governing instrumentsE+W

218 Constitution of governing body and conduct of school.E+W

(1)For every governing body of a grant-maintained school there shall be—

(a)an instrument (known as the instrument of government) providing for the constitution of the governing body, and

(b)an instrument (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 22 (membership and proceedings etc. of governing bodies) shall have effect.

(5)Schedule 23 (content of articles of government) shall also have effect.

219 Initial instruments and articles of government.E+W

(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.

(4)Before making any regulations under this section the Secretary of State shall consult—

(a)a body appearing to him to be representative of the Church of England,

(b)a body appearing to him to be representative of the Church in Wales, and

(c)a body appearing to him to be representative of the Roman Catholic Church,

in matters relating to the provision of education in grant-maintained schools having foundation governors.

220 Subsequent instruments of government.E+W

(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—

(i)of an instrument made under paragraph (a), or

(ii)of an instrument of government made under section 57(1)(a) of the M1Education Act 1993 or Chapter IV of Part I of the M2Education Reform Act 1988 which has effect (by virtue of Schedule 39 to this Act) as if made under paragraph (a),

by order modify the instrument concerned in terms of the draft or in such terms as he thinks fit;

but he 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) 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)—

(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.

221 Subsequent articles of government.E+W

(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) or, where articles made under section 58(1)(a) of the M3Education Act 1993 or Chapter IV of Part I of the M4Education Reform Act 1988 have effect (by virtue of Schedule 39 to this Act) as if made in accordance with this Part, 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.