Education Act 2002

Section 19(6)

SCHEDULE 1Incorporation and powers of governing body

Introductory

1In the following paragraphs of this Schedule—

• “the 1998 Act” means the School Standards and Framework Act 1998 (c. 31);

• “the governing body” means the governing body of a maintained school incorporated under section 19(1).

Name and seal of governing body

2(1)The governing body shall be known as “The governing body of….” with the addition of the name of the school as for the time being set out in the school’s instrument of government.

(2)The application of the seal of the governing body must be authenticated by the signature—

(a)of the chairman of the governing body, or

(b)of some other member authorised either generally or specially by the governing body to act for that purpose,

together with the signature of any other member.

(3)Every document purporting to be an instrument made or issued by or on behalf of the governing body and—

(a)to be duly executed under the seal of the governing body, or

(b)to be signed or executed by a person authorised by the governing body to act in that behalf,

shall be received in evidence and treated, without further proof, as being so made or issued unless the contrary is shown.

Powers of governing body

3(1)The governing body may do anything which appears to them to be necessary or expedient for the purposes of, or in connection with—

(a)the conduct of the school, or

(b)the provision of facilities or services under section 27.

(2)The governing body may provide advice or assistance to—

(a)the governing body of any other maintained school, whether or not maintained by the same local education authority, or

(b)any local education authority.

(3)The powers conferred by sub-paragraphs (1) and (2) include, in particular, power—

(a)to borrow such sums as the governing body think fit and, in connection with such borrowing, to grant any mortgage, charge or other security over any land or other property of the governing body,

(b)to acquire and dispose of land and other property,

(c)to enter into contracts,

(d)to invest any sums not immediately required for the purposes of carrying on any activities they have power to carry on,

(e)to accept gifts of money, land or other property and apply it, or hold and administer it on trust, for any of those purposes, and

(f)to do anything incidental to the conduct of the school, the provision of advice or assistance under sub-paragraph (2), or the provision of facilities and services under section 27.

(4)The power to borrow money and grant security mentioned in sub-paragraph (3)(a) may only be exercised with the written consent—

(a)of the Secretary of State (in relation to England) or the National Assembly for Wales (in relation to Wales), or

(b)if an order under sub-paragraph (5) so provides, of the local education authority;

and any such consent may be given for particular borrowing or for borrowing of a particular class.

(5)The Secretary of State or the National Assembly for Wales may by order make provision for any of his or its functions under sub-paragraph (4) to be instead exercisable—

(a)in the case of all maintained schools, or

(b)in the case of any class of such schools specified in the order,

by the local education authorities by whom those schools are maintained.

(6)In exercising those functions those authorities shall comply with any directions contained in an order made by the Secretary of State or the National Assembly for Wales.

(7)Where the school is a foundation, voluntary aided or foundation special school, the power to enter into contracts mentioned in sub-paragraph (3)(c) includes power to enter into contracts for the employment of teachers and other staff, but no such contracts may be entered into by the governing body of a community, voluntary controlled or community special school or of a maintained nursery school.

(8)Sub-paragraphs (1) to (3) have effect subject to—

(a)any provisions of the school’s instrument of government, and

(b)any provisions of a scheme under section 48 of the 1998 Act (local education authorities' financial schemes) which relates to the school.

4Regulations may make further provision—

(a)as to the general powers of the governing body, and

(b)as to other matters relating to it as a body corporate.

Dissolution of governing body

5(1)If the school is discontinued, the governing body are dissolved by virtue of this paragraph—

(a)on the discontinuance date, or

(b)on such later date as the Secretary of State (in relation to England) or the National Assembly for Wales (in relation to Wales) may specify by order made before the discontinuance date.

(2)In this paragraph “the discontinuance date” means—

(a)the date on which proposals for discontinuing the school are implemented under Part 3 of Schedule 6 to the 1998 Act or under Schedule 7 or 7A to the Learning and Skills Act 2000 (c. 21),

(b)the date when the school is discontinued under section 30 of the 1998 Act, or

(c)the date specified in a direction given under section 19(1) or 32(1) of the 1998 Act,

as the case may be.