Part I Measures to raise standards of school education

C2 Chapter IV Intervention in schools F5in Wales causing concern

Annotations:
Amendments (Textual)
Modifications etc. (not altering text)
C2

Pt. 1 Ch. 4: power to modify conferred (1.4.2003 for E., 12.4.2010 for W.) by Education Act 2002 (c. 32), ss. 25(1)(a), 216(4) (with ss. 210(8), 214(4)); S.I. 2003/124, art. 4; S.I. 2010/707, art. 3(d)

Intervention by F6Assembly

Annotations:

18 Power of F7Assembly to appoint additional governors.

C1F11

If at any time section 15 applies to a maintained school by virtue of F10any of the following provisions of that section, namely—

F11za

subsection (1), in a case within subsection (2)(a)(iv) or (v) (school subject to teachers' pay and conditions warning),

a

subsection (4)(school F4requiring significant improvement), or

b

subsection (6)(school requiring special measures),

F8the Assembly may appoint such number of additional governors as he thinks fit; and he may nominate one of those governors to be the chairman of the governing body in place of any person who has been elected as chairman of that body.

2

Before making any such appointment in relation to a voluntary aided school, F8the Assembly shall consult—

a

in the case of a Church of England school, a Church in Wales school or a Roman Catholic Church school, the appropriate diocesan authority; or

b

in any other case, the person who appoints the foundation governors.

3

A governor appointed under this section—

a

shall hold office as governor for such term, and

b

if nominated as chairman of the governing body, shall be chairman of that body for such period,

as F8the Assembly may determine.

4

F8The Assembly may pay to any governor appointed under this section such remuneration and allowances as F8the Assembly may determine.

5

In relation to any appointment made by F8the Assembly by virtue of subsection (1) to the governing body of a school, the instrument of government for the school shall have effect as if F2(despite anything in regulations under section 19 of the Education Act 2002) it provided for F8the Assembly to appoint such number of additional governors as he thinks fit.

6

Where F8the Assembly has exercised F9the Assembly's power under this section in relation to a school, then—

a

in any such case—

i

the F12local authority may not exercise their power under paragraph 1 of Schedule 15 to suspend the governing body’s right to a delegated budget, and

ii

if they have already exercised that power or their power under section 17(1), F8the Assembly shall, if requested to do so by the governing body, revoke the suspension; and

b

in the case of a voluntary aided school, nothing in F3regulations under section 19 of the Education Act 2002 shall be read as authorising the appointment of foundation governors for the purpose of outnumbering the other governors as augmented by those appointed by F8the Assembly under this section.

7

The revocation of a suspension under subsection (6)(a) shall—

a

be notified to the F12local authority in writing; and

b

take effect from such date as is specified in that notification.