Education Act 1996

Section 98.

SCHEDULE 9Temporary governing bodies of county, voluntary and maintained special schools

Preliminary

1In this Schedule—

• “arrangement” means an arrangement made under section 96 or 97 for the constitution of a temporary governing body; and

• “promoters”, in relation to a new school which will be a voluntary school, means the persons making the relevant proposals.

Constitution of temporary governing bodies

2(1)Subject to the following provisions of this Schedule, a temporary governing body of a new school shall be constituted—

(a)in accordance with sections 79 and 80 (so far as applicable), where the school will be a county, controlled or maintained special school, and

(b)in accordance with sections 84 and 85 (so far as applicable), where the school will be an aided school.

(2)For the purposes of the application of section 79, 80, 84 or 85 in relation to the constitution of the temporary governing body of a new school, the new school shall be treated as having as registered pupils the maximum number of pupils referred to in the relevant proposals.

3(1)A local education authority shall not make an arrangement in respect of a new school which will be a controlled school without the agreement of the promoters as to the provision which will be made in relation to the temporary foundation governors; and in the event of any disagreement between the authority and the promoters in respect of that provision, either of them may refer the matter to the Secretary of State.

(2)A local education authority shall not make an arrangement in respect of a new school which will be an aided school without the agreement of the promoters as to the composition of the temporary governing body; and in the event of any disagreement between the authority and the promoters as to the composition of that body, either of them may refer the matter to the Secretary of State.

(3)On a reference under this paragraph, the Secretary of State shall give such direction as he thinks fit.

Appointment of temporary governors

4The temporary parent governors of a new school shall, subject to paragraph 6, be appointed—

(a)where the school will be a county, controlled or maintained special school, by the local education authority, and

(b)where it will be an aided school, by the promoters.

5The temporary teacher governors of a new school shall, subject to paragraph 6, be co-opted by a resolution passed at a meeting of those temporary governors who have not themselves been co-opted.

6(1)Where—

(a)two or more schools have been, or are to be, discontinued, and

(b)the registered pupils at those schools, or a substantial number of those pupils, are expected to transfer to a new school,

the local education authority may provide for any of the governing bodies of the discontinued schools to appoint some or all of the temporary parent or teacher governors of the new school.

(2)No provision may be made under sub-paragraph (1) for the appointment of temporary parent or teacher governors of a new school which will be an aided school without the agreement of the promoters; and in the event of any disagreement between the authority and the promoters as to whether any such provision should be made, either of them may refer the matter to the Secretary of State.

(3)On a reference under sub-paragraph (2), the Secretary of State shall give such direction as he thinks fit.

(4)Before making any provision under sub-paragraph (1) for the appointment of temporary parent or teacher governors of a new school which will be a controlled school, the local education authority shall consult the promoters.

7(1)No person shall be appointed under paragraph 4 or 6 as a temporary parent governor of a new school unless—

(a)he is the parent of a child who is likely to become a registered pupil at the school, or

(b)where it is not reasonably practicable to appoint such a person, he is the parent of a child of compulsory school age.

(2)No person shall be appointed under paragraph 4 as a temporary parent governor of a new school if he is—

(a)an elected member of the local education authority; or

(b)an employee of the authority or of the governing body of any aided school maintained by the authority.

(3)No person shall be appointed under paragraph 5 or 6 as a temporary teacher governor of a new school unless he is employed as a teacher in a school maintained by a local education authority.

8(1)Where any person, other than a prospective sponsor, appoints a person as a temporary governor of a new school, he shall have regard to the desirability of that person being suitably experienced.

(2)For the purposes of this paragraph a person is suitably experienced—

(a)if he has served as a governor or temporary governor of a school, and

(b)in particular, in a case where registered pupils at another school which has been, or is to be, discontinued are expected to transfer to the new school, if he has served as a governor or temporary governor of that other school.

(3)In sub-paragraph (1) “prospective sponsor” means a person who is to be named in the instrument of government as a sponsor of the school in question.

9(1)Subject to sub-paragraph (2), where temporary governors are required to co-opt one or more persons to be members of the temporary governing body, the arrangement under which the temporary governing body are constituted shall not make any provision which has the effect of restricting those temporary governors in their choice of person to co-opt.

(2)In co-opting a person to be a member of a temporary governing body of a new school which will be a county, controlled or maintained special school, the temporary governors concerned shall have regard—

(a)to the extent to which they and the other temporary governors are members of the local business community, and

(b)to any representations made to the temporary governing body as to the desirability of increasing the connection between the temporary governing body and that community,

and, where it appears to them that no temporary governor of the new school is a member of the local business community or that it is desirable to increase the number of temporary governors who are, shall co-opt a person who appears to them to be a member of that community.

(3)This paragraph does not apply in relation to the co-option of temporary foundation governors, and sub-paragraph (2) does not apply in relation to the co-option of temporary teacher governors.

10If—

(a)a temporary governor is to be appointed by persons acting jointly, and

(b)those persons fail to make an agreed appointment,

the appointment shall be made by, or in accordance with a direction given by, the Secretary of State.

Qualifications of temporary governors and tenure of office

11No person shall be qualified for membership of a temporary governing body unless he is aged 18 or over at the date of his appointment.

12(1)No person shall at any time hold more than one temporary governorship of the same school.

(2)The fact that a person is qualified to be appointed as a temporary governor of a particular category of a new school does not disqualify him for appointment as a temporary governor of any other category of that school.

13Regulations may make provision as to the circumstances in which persons are to be disqualified for holding office as temporary governors.

14A member of a temporary governing body may at any time resign his office, or be removed from office, in the same way as a member of a governing body constituted under an instrument of government.

Meetings and proceedings

15(1)The proceedings of a temporary governing body shall not be invalidated by—

(a)any vacancy among their number, or

(b)any defect in the appointment of any temporary governor.

(2)If the clerk to a temporary governing body fails to attend any meeting of theirs, they may appoint one of their number to act as clerk for the purposes of that meeting (but without prejudice to his position as a temporary governor).

16Regulations may make provision in relation to temporary governing bodies similar to that which may be made in relation to governing bodies by regulations under paragraph 15(1) of Schedule 8.

17(1)Subject to sub-paragraph (2), the first meeting of a temporary governing body shall be called by their clerk.

(2)Where the clerk fails to call the first meeting within such period as the local education authority consider reasonable, the authority shall call it.

Information as to meetings and proceedings

18The minutes of the proceedings of a temporary governing body shall be open to inspection by the local education authority.

Travelling and subsistence allowances.

19Section 519 (allowances for governors) shall apply in relation to the members of a temporary governing body as it applies in relation to the members of a governing body of a school falling within subsection (1)(a) of that section.

Expenses of temporary governing bodies

20Where a temporary governing body are constituted for a new school, the local education authority shall be under the same duty to defray the expenses incurred in relation to the temporary governing body as they would be if the relevant proposals had been implemented and the temporary governing body were the governing body of the school.

Information for temporary governing bodies

21A local education authority shall secure that the temporary governing body of a new school which will be maintained by them are, on being constituted, provided (free of charge) with such explanatory and other information as the authority consider is required to enable the temporary governing body to discharge their functions effectively.

Powers of the Secretary of State

22For the purposes of the following provisions—

(a)section 495(1) (determination of disputes),

(b)section 496 (prevention of unreasonable exercise of functions), and

(c)sections 497 and 498 (default powers),

a temporary governing body shall be treated as if they were the governing body of the school in question.