The Education (Grant-maintained Special Schools) (Initial Governing Instruments) Regulations 1994

• Citation: S.I. 1994/2104
• Sections: 92

Section 1 Citation and commencement

These Regulations may be cited as the Education (Grant-maintained Special Schools) (Initial Governing Instruments) Regulations 1994 and shall come into force on 1st September 1994.

Section 2 Initial instrument of government

(1) For the purposes of paragraph 2 of Schedule 11 to the 1993 Act , the initial instrument of government of a grant-maintained special school shall be as set out in Schedule 1 to these Regulations.

(2) In this regulation and in regulations 3 and 4 below, references to the 1993 Act are to the Education Act 1993.

Section 3 Initial articles of government

For the purposes of paragraph 2 of Schedule 11 to the 1993 Act, the initial articles of government of a grant-maintained special school shall be as set out in Schedule 2 to these Regulations.

Section 4 Provisions of the initial articles of government having effect on incorporation

(1) In the case of a governing body incorporated in pursuance of proposals made under section 183(3)(a) of the 1993 Act (proposals for the establishment of a new grant-maintained special school), the following provisions of the initial articles of government shall have effect from the incorporation date: Articles 1, 3, 4, 5, 13, 15, 16, 17, 18, 19 and 20, and the Appendix thereto.

(2) In this regulation—

“the initial articles of government” is a reference to the initial articles of government set out in Schedule 2 to these Regulations; and

“the incorporation date” means the date specified in the proposals made under section 183(3)(a) of the 1993 Act as the proposed incorporation date in relation to the school.

Section 1 Interpretation

(1) In this Instrument—

“the 1986 Act ” means the Education ( No. 2) Act 1986 ;

“the 1988 Act ” means the Education Reform Act 1988 ;

“the 1993 Act” means the Education Act 1993;

“funding authority” has the meaning assigned to it by section 5(1) of the 1993 Act;

“the Governing Body” means the governing body of any grant-maintained special school for which this Instrument is the instrument of government by virtue of paragraph 2(1) and (2) of Schedule 11 to the 1993 Act;

“implementation date” means the date specified in the Proposals as the proposed date for their implementation;

“incorporation date” means the date on which the Governing Body were incorporated;

“initial first governor”—

where the governing body were incorporated in pursuance of proposals made under section 186 of the 1993 Act, has the meaning assigned to it by paragraphs 2 and 7(1) of Schedule 7 to the 1993 Act (as applied in relation to maintained special schools becoming grant-maintained special schools by regulation 15A of the Education (Grant-maintained Special Schools) Regulations 1994 ; or

where the governing body were incorporated in pursuance of proposals for the establishment of a new grant-maintained special school, means a person appointed by the funding authority as appearing to them to be committed to the good government and continuing viability of the School;

“initial parent governor” has the meaning assigned to it by paragraphs 2 and 5 of Schedule 7 to the 1993 Act (as applied in relation to maintained special schools becoming grant-maintained special schools by regulation 15A of the Education (Grant-maintained Special Schools) Regulations 1994);

“initial teacher governor” has the meaning assigned to it by paragraphs 2 and 6 of Schedule 7 to the 1993 Act (as applied in relation to maintained special schools becoming grant-maintained special schools by regulation 15A of the Education (Grant-maintained Special Schools) Regulations 1994);

“proposals for the establishment of a new grant-maintained special school” means proposals made under section 183(3)(a) of the 1993 Act;

“registered”, in relation to parents or pupils, means shown in the register kept under section 80 of the Education Act 1944 ; and

“the School” means the school conducted by the Governing Body or, where the Governing Body were incorporated in pursuance of proposals for the establishment of a new grant-maintained special school, during the period before the implementation date, the school proposed to be so conducted.

(2) The following provisions apply for the purposes of this Instrument.

(3) References to “the Proposals” are to the proposals made under section 183(3)(a) or, as the case may be, 186 of the 1993 Act in pursuance of which the Governing Body were incorporated; and, where the Secretary of State modified those proposals (in accordance with, as the case may be, section 33(2)(b) or 184(4) of the 1993 Act), they are references to the proposals as so modified.

(4) In sub-paragraph (3) above, the reference to section 33(2)(b) of the 1993 Act is a reference to that section as it applies in relation to proposals for a maintained special school to become a grant-maintained special school by virtue of regulation 6 of the Education (Grant-maintained Special Schools) Regulations 1994.

(5) Any reference to a provision of Chapter V of Part II of the 1993 Act (including any provision of Schedules 5 and 6 to that Act) shall have effect as a reference to any such provision as applied in relation to grant-maintained special schools and the governing bodies of such schools by the Education (Grant-maintained Special Schools) Regulations 1994.

(6) Unless the context otherwise requires, “parent”, in relation to a pupil at the School, includes any person—

(a) who is not a parent of his but who has parental responsibility for him, or

(b) who has care of him,

except for the purposes of paragraphs 2, 5, 7 and 8 below, where it only includes such a person if he is an individual.

(7) For the purposes of sub-paragraph (6) above—

(a) “parental responsibility” has the same meaning as in the Children Act 1989 ; and

(b) in determining whether an individual has care of a pupil, any absence of the pupil at a hospital or boarding school and any other temporary absences shall be disregarded.

Section 1

(1) In this Appendix—

(a) any reference to a person present at a meeting of the Governing Body is a reference to a member thereof or other person so present except that, so far as it concerns voting, it is a reference only to a member of the Governing Body so present; and

(b) any reference to a person’s spouse includes a person living with him as if she were his spouse.

(2) In relation to the person who is acting as the clerk to the Governing Body for the purposes of any meeting thereof, none of the provisions of this Appendix (other than paragraph 5 below) shall have effect; but, during any period for which his withdrawal would be required but for this sub-paragraph, he shall not act in any capacity other than that of a clerk.

Section 1

An appeal pursuant to arrangements made by the Governing Body in accordance with the provisions of the articles of government for the School made in pursuance of paragraph 5 of Schedule 6 to the 1993 Act shall be to an appeal committee constituted in accordance with this Appendix.

Section 2 First governors

(1) The Governing Body shall include such number of first governors (being a number which will secure that they outnumber the other governors) as is specified in the Proposals.

(2) Subject to paragraph 3 below, first governors shall be appointed by the Governing Body from among persons who appear to them to be committed to the good government and continuing viability of the School.

(3) Where it is reasonably practicable, at least two of the first governors shall (on the date or dates on which they respectively take office) be parents of registered pupils at the School.

(4) At least two of the first governors shall be persons with experience of education for those with special educational needs.

(5) One person may satisfy the requirements of both sub-paragraphs (3) and (4) above.

(6) The Governing Body, in appointing first governors, shall secure that those governors include a person appearing to them to be a member of the local business community (although such a person may also satisfy one or both of the requirements of sub-paragraphs (3) and (4) above).

Section 2

(1) Subject to sub-paragraph (4) below, if a person has any pecuniary interest, direct or indirect, in any contract, proposed contract or other matter and is present at a meeting of the Governing Body at which the contract or other matter is the subject of consideration, he shall at the meeting and as soon as practicable after its commencement disclose that fact and—

(a) take no part in the consideration or discussion of the contract or matter,

(b) unless the Governing Body otherwise allow, withdraw from the meeting during such consideration or discussion, and

(c) not vote on any question with respect to the contract or matter.

(2) For the purposes of this paragraph, a person shall be treated as having an indirect pecuniary interest in a contract, proposed contract or other matter if—

(a) he or any nominee of his is a member, or he is an employee, of a corporation or other body with which the contract was made or is proposed to be made or which has a direct pecuniary interest in the matter under consideration, or

(b) he is a partner, or is in the employment, of a person with whom the contract was made or is proposed to be made or who has a direct pecuniary interest in the matter under consideration:

Provided that a person shall not by virtue of this sub-paragraph be treated as having such an interest by reason only of his membership of, or employment by, any public body; or by reason of his membership of a corporation or other body if he has no financial interest in any securities of that corporation or other body.

(3) For the purposes of this paragraph, a person shall be treated as having a direct or indirect pecuniary interest in a contract, proposed contract or other matter if a relative (including his spouse) living with him, to his knowledge has, or would be treated as having, such an interest, direct or indirect.

(4) For the purposes of this paragraph, a member of the Governing Body who is a teacher at the School shall not be treated as having a direct or indirect pecuniary interest in a contract, proposed contract or other matter by reason only—

(a) of having an interest in the contract or matter which is no greater than the interest of the generality of teachers at the School,

(b) of the fact that the contract or matter under consideration or discussion concerns the exercise by the Governing Body of any of their functions relating to the curriculum for the School, or

(c) of the fact that the contract or matter under consideration or discussion involves expenditure by the Governing Body of any sum for the purposes of the School.

(5) In this paragraph, “securities” shall be interpreted in accordance with section 142 of the Financial Services Act 1986 .

Section 2

An appeal committee shall consist of—

(a) one person nominated by the Governing Body from among persons who are eligible to be lay members, and

(b) two, four or six other members nominated by the Governing Body from persons appointed by them in accordance with paragraph 6(1) below.

Section 3 Power of Secretary of State to replace first governors and to make provision with respect to the filling of vacancies

(1) The Secretary of State shall have power, where any of sub-paragraphs (2), (3) and (5) below apply, to replace all or any of the first governors.

(2) This sub-paragraph applies where the Governing Body have been guilty of substantial or persistent failure to comply, or secure compliance, with any requirement imposed by or under any enactment.

(3) This sub-paragraph applies where—

(a) there is a report of an inspection of the School in which the person who made it expressed the opinion that special measures were required to be taken in relation to the School;

(b) either that person was a member of the Inspectorate or the report stated that the Chief Inspector agreed with his opinion;

(c) if any registered inspector or member of the Inspectorate has made a later report of an inspection of the School under Chapter I of Part V of the 1993 Act, he did not express the opinion in the report that special measures were not required to be taken in relation to the School; and

(d) the Secretary of State has received a statement prepared under section 210 of the 1993 Act (statement of special measures to be taken by the Governing Body), or the period allowed under subsection (2) of that section for the preparation of such a statement has expired.

(4) Expressions used in sub-paragraph (3) above which are also used in Part V of the 1993 Act shall have the same meaning as in that Part.

(5) This sub-paragraph applies where in the opinion of the Secretary of State any action taken or proposed by the Governing Body, or any failure of the Governing Body to act, is prejudicial to the provision of education by the School.

(6) The Secretary of State shall have power to make such provision as he thinks fit for filling vacancies for first governors if it appears to him that the Governing Body are unable or are unwilling to fill the vacancies.

(7) The Secretary of State shall, in appointing a person to be a first governor in accordance with this paragraph, appoint a person who appears to him to be committed to the good government and continuing viability of the School.

(8) Paragraph 2(3) to (6) above shall not apply for the purposes of the appointment by virtue of this paragraph of any first governor.

Section 3

(1) This sub-paragraph applies where a person is present at a meeting of the Governing Body at which the subject of consideration is, in relation to either himself or to a relative of his (including his spouse) living with him—

(a) the person’s appointment to a post at the School, or

(b) where the person concerned is already employed by the Governing Body to work at the School, his transfer from one post to another, his promotion or retirement.

(2) This sub-paragraph applies where—

(a) a person is present at a meeting of the Governing Body at which a subject of consideration is the transfer from one post to another, dismissal, promotion, retirement or suspension of another person employed as a teacher or otherwise at the School, and

(b) the effect of the transfer, dismissal, promotion, retirement or suspension would be to create a vacancy for which the person first mentioned in paragraph (a) above, or a relative of his (including his spouse) living with him, could be a candidate.

(3) In any case where sub-paragraph (1) or (2) above applies, the person first mentioned in that sub-paragraph shall—

(a) take no part in the consideration or discussion of the matter in question,

(b) unless the Governing Body otherwise allow, withdraw from the meeting during such consideration or discussion, and

(c) not vote on any question with respect to that matter.

Section 3

The Governing Body shall not nominate under paragraph 2(a) above a person who falls within paragraph 6(1)(b) below.

Section 4 Disqualification for holding office as first governor

A person who is a member of the teaching or other staff at the School shall be disqualified for holding office as a first governor on the Governing Body.

Section 4

If a person being a pupil or his parent, is present at a meeting of the Governing Body at which the admission of that pupil is a subject of consideration, he shall withdraw from the meeting during the discussion or consideration of the matter and shall not vote on any question with respect thereto.

Section 4

In an appeal committee—

(a) three members shall be nominated from among those appointed under paragraph 6(1)(b) below, in the case of a committee consisting of seven members;

(b) two members shall be so nominated, in the case of a committee consisting of five members; and

(c) one member shall be so nominated, in the case of a committee consisting of three members.

Section 5 Parent governors

(1) The Governing Body shall include such number of parent governors (being not less than three nor more than five) as is specified in the Proposals.

(2) In this Instrument, “parent governor” means—

(a) where the School is established in a hospital—

(i) a person appointed by the other members of the Governing Body; or

(ii) an initial parent governor; or

(b) in any other case—

(i) a person elected by persons who are themselves registered parents of registered pupils at the School;

(ii) a person appointed by virtue of paragraph 8 below;

(iii) where the School is to be established in pursuance of proposals for the establishment of a new grant-maintained special school, a person appointed before the implementation date by virtue of regulation 2(2)(e) of the Education (Initial Government of Grant-maintained Special Schools) Regulations 1994 ; or

(iv) an initial parent governor.

(3) For the purposes of sub-paragraph (2)(a)(i) above, to qualify for appointment as a parent governor a person must when he is appointed be a registered parent of a registered pupil at the School or, if that is not reasonably practicable, a parent of one or more children of compulsory school age; and, for the purposes of sub-paragraph (2)(b)(i) above, to qualify for election a person must be a registered parent of a registered pupil.

Section 5

(1) Where the Clerk to the Governing Body is present at any meeting of the Governing Body at which a subject of consideration is disciplinary action against him, he shall withdraw from the meeting during the discussion or consideration of that matter.

(2) For the purposes of this paragraph and paragraph 6 below, “disciplinary action” shall be interpreted in accordance with paragraph 32(5) above.

Section 5

A person is eligible to be a lay member for the purposes of paragraph 2(a) above if—

(a) he is a person without personal experience in the management of any school or the provision of education in any school (otherwise than as a governor or in any other voluntary capacity), and

(b) he does not have, or has not at any time had, any connection with—

(i) the School, or

(ii) any person who is a member of, or employed by, the Governing Body,

of a kind which might reasonably be taken to raise doubts about his ability to act impartially in relation to the School.

Section 6 Teacher governors

(1) The Governing Body shall include such number of teacher governors (being either two or one) as is specified in the Proposals.

(2) In this Instrument, “teacher governor” means—

(a) a person who is elected by persons who are teachers at the School;

(b) where the school is to be established in pursuance of proposals for the establishment of a new grant-maintained special school, a person appointed before the implementation date by virtue of regulation 3(2)(d) of the Education (Initial Government of Grant-maintained Special Schools) Regulations 1994 ; or

(3) For the purposes of sub-paragraph (2)(a) above, to qualify for such election a person must himself, when he is elected be a teacher at the school.

Section 6

If a person who is a relative (other than a parent) of a pupil at the School is present at a meeting of the Governing Body at which a subject of discussion is—

(a) the admission of, or disciplinary action against, that pupil, or

(b) disciplinary action against another pupil at the School arising out of an alleged incident involving the pupil first mentioned in this paragraph,

he shall, at the meeting and as soon as practicable after its commencement, disclose the relationship.

Section 6

(1) Subject to sub-paragraphs (2) and (3) below, the persons appointed—

(a) may include one or more members of the Governing Body, and

(b) shall include persons who—

(i) have experience in the provision of education for children with special educational needs;

(ii) are parents of one or more children of compulsory school age with special educational needs; or

(iii) are acquainted with the conditions in the area relating to the provision of education for children with special educational needs.

(2) A person shall not be appointed in pursuance of sub-paragraph (1) above, if he is employed as a teacher or otherwise at the School.

(3) A person shall not be appointed in pursuance of sub-paragraph (1)(b) above, if he—

(a) has ever been a member of the Governing Body, or

(b) is a parent of a registered pupil at the School.

Section 7 Procedure for the election of parent and teacher governors

(1) It shall be for the Governing Body to determine, for the purposes of any election of parent or teacher governors, any question whether a person is—

(a) a registered parent of a registered pupil at the School; or

(b) a teacher at the School.

(2) Subject to the following provisions of this paragraph, it shall be for the Governing Body to make all necessary arrangements for, and to determine all other matters relating to, any such election.

(3) The power conferred by sub-paragraph (2) above includes power to make provision as to qualifying dates but does not include power to impose any requirement as to the minimum number of votes required to be cast for a candidate to be elected.

(4) An election of parent or teacher governors which is contested must be held by secret ballot.

(5) The arrangements made under sub-paragraph (2) above shall, in the case of any election of a parent governor, provide for every person who is entitled to vote in the election to have an opportunity to do so by post or, if he so prefers, by having his ballot paper returned to the School by a registered pupil at the School.

(6) Where a vacancy for a parent governor is required to be filled by election, the Governing Body shall take such steps as are reasonably practicable to secure that every person who is known to them to be a registered parent of a registered pupil at the School is—

(a) informed of the vacancy and that it is required to be filled by election;

(b) informed that he is entitled to stand as a candidate, and vote, at the election; and

(c) given an opportunity to do so.

Section 7

(1) This paragraph applies where a person employed at the School is present at a meeting of the Governing Body at which his conduct, his continued employment at the School or the appointment of a successor to him is a subject of consideration.

(2) Without prejudice to the preceding provisions of this Appendix, where this paragraph applies the person concerned shall—

(a) take no part in the consideration or discussion of the matter in question, and

(b) withdraw from the meeting during such consideration or discussion.

Section 7

A person shall not be a member of an appeal committee for the consideration of any appeal against a decision if he was among those who made the decision or took part in discussions as to whether the decision should be made.

Section 8 Appointment of parent governors by the Governing Body

(1) This paragraph applies where the School is not established in a hospital.

(2) If—

(a) one or more vacancies for parent governors are required to be filled by election; and

(b) the number of parents standing for election as parent governors is less than the number of vacancies,

the required number of parent governors shall be made up by persons appointed by the other members of the Governing Body.

(3) Those members shall, in appointing a person under sub-paragraph (2) above—

(a) appoint a person who is the registered parent of a registered pupil at the School, where it is reasonably practicable to do so; and

(b) where it is not, appoint a person who is the parent of one or more children of compulsory school age with special educational needs or, if that is not reasonably practicable, a person who is a parent of a person of any age with special educational needs.

Section 8

(1) Subject to sub-paragraph (2) below, the members of an appeal committee shall appoint a person from among their number to be chairman of the committee.

(2) None of the members of the Governing Body may be chairman of an appeal committee.

Section 9 Head teacher

(1) The Governing Body shall include the head teacher of the School as a governor ex officio.

(2) Where the Governing Body were incorporated in pursuance of proposals made under section 186 of the 1993 Act (proposals for a special school maintained by a local education authority to become a grant-maintained special school), the reference in sub-paragraph (1) above to the head teacher of the School, in relation to any time before the implementation date, is to the existing head teacher of the School.

(3) Sub-paragraph (4) below applies where the Governing Body were incorporated in pursuance of proposals for the establishment of a new grant-maintained special school.

(4) Where at any time before the implementation date a person is appointed to be the head teacher of the School, the Governing Body shall include that person as a governor ex officio from the date of his appointment.

Section 9

The members of the appeal committee shall select a person, who is not from among their number, to act as the clerk to the committee; and the Governing Body shall appoint any person who has been so selected so to act.

Section 10 Appointment of additional governors

(1) The Secretary of State may appoint not more than two additional governors if it appears to him that the Governing Body are not adequately carrying out their responsibilities in respect of the conduct or management of the School.

(2) During any period when any additional governors appointed by the Secretary of State by virtue of sub-paragraph (1) above are in office, the Governing Body may appoint a number of additional first governors not greater than the number of additional governors appointed by the Secretary of State who are then in office.

Section 10

The Governing Body shall have power to pay to the members of an appeal committee such travelling, subsistance or other allowances as they may determine.

Section 11 Tenure of office: first governors

(1) Subject to the following provisions of this paragraph, each first governor shall hold office for such term as was specified in the Proposals as the term of office for governors of that category.

(2) An initial first governor shall hold office for such term beginning with the incorporation date as may be specified as his proposed term of office in the Proposals.

(3) Any additional first governor appointed in pursuance of paragraph 10(2) above shall hold office for such term (not being more than five years) as may be specified in the terms of his appointment.

(4) Any first governor appointed in pursuance of paragraph 3 above shall hold office for such term (not being less than five years nor more than seven years) as may be specified in the terms of his appointment.

Section 11

An appeal pursuant to joint arrangements made by virtue of paragraph 5(2) of Schedule 6 to the 1993 Act by the Governing Body and the governing body of one or more other grant-maintained special schools shall be to an appeal committee constituted as provided in the preceding paragraphs of this Appendix, save that references to the Governing Body shall have effect as if they were references to the Governing Body and the governing body of every other school, which is a party to the arrangements, acting jointly.

Section 12 Tenure of office: parent and teacher governors

(1) Subject to the following provisions of this paragraph, each parent or teacher governor shall hold office for a term of four years.

(2) Where the Governing Body were incorporated in pursuance of proposals made under section 186 of the 1993 Act—

(a) an initial parent or teacher governor who was a governor of that category on the former governing body of the School immediately before the incorporation date shall hold office for the remainder of his term of office on the former governing body; and

(b) an initial parent or teacher governor who was elected or appointed under section 71, or elected, appointed or nominated under section 74, of the 1993 Act to hold office as such shall hold office for a term of four years beginning with the incorporation date.

(3) Where the Governing Body were incorporated in pursuance of proposals for the establishment of a new grant-maintained special school, each parent or teacher governor appointed before the date of implementation of the Proposals shall hold office—

(a) until the end of the first school term following the implementation date; or

(b) (if that period would exceed four years) for a term of four years.

Section 13 Tenure of office: general

(1) Nothing in paragraphs 11 and 12 above shall be taken to prevent a governor—

(a) from being elected or appointed for a further term of office; or

(b) from being disqualified, by virtue of paragraph 5 above or paragraphs 15 to 18 below, for continuing to hold office.

Section 14 Resignation and removal from office

Any governor (other than the head teacher) may at any time resign his office; and where in accordance with this paragraph a governor does so, he shall give written notice of his resignation to the Clerk to the Governing Body.

Section 15 Disqualification for holding office: persons under eighteen years of age

Any person who is under the age of eighteen years shall be disqualified for holding office as a governor of the School.

Section 16 Disqualification for holding office: bankruptcy etc.

(1) Subject to the following provisions of this paragraph, a person shall be disqualified for holding, or for continuing to hold, office as a governor of the School if he has been adjudged bankrupt or has made a composition or arrangement with his creditors; and a governor, on becoming so disqualified, shall give written notice of that fact to the Clerk to the Governing Body.

(2) Where a person is disqualified by reason of his having been adjudged bankrupt, that disqualification shall cease—

(a) on his discharge from bankruptcy; or

(b) if the bankruptcy order is previously annulled, on the date of the annulment.

(3) Where a person is disqualified by reason of his having made a composition or arrangement with his creditors and he pays his debts in full, the disqualification shall cease on the date on which the last such payment is made and in any other case it shall cease on the expiration of three years from the date on which the terms of the deed of composition or arrangement are fulfilled.

Section 17 Disqualification for holding office: criminal convictions

(1) Subject to sub-paragraph (5) below, a person shall be disqualified for holding, or for continuing to hold, office as a governor of the School where any of sub-paragraphs (2) to (4) or (6) below apply to him.

(2) This sub-paragraph applies to a person if—

(a) within the period of five years ending with the date immediately preceding the date on which his appointment or election as governor would otherwise have taken effect; or

(b) since his appointment or election as governor, he has been convicted, whether in the United Kingdom or elsewhere, of any offence and has had passed on him a sentence of imprisonment (whether suspended or not) for a period of not less than three months without the option of a fine.

(3) This sub-paragraph applies to a person if within the period of twenty years ending with the date immediately preceding the date on which his appointment or election as governor would otherwise have taken effect, he has been convicted as aforesaid of any offence and has had passed on him a sentence of imprisonment for a period of not less than two and a half years.

(4) This sub-paragraph applies to a person if he has at any time been convicted as aforesaid of any offence and has had passed on him a sentence of imprisonment for a period of not less than five years.

(5) For the purposes of sub-paragraphs (2) to (4) above, there shall be disregarded any conviction by or before a court outside the United Kingdom of an offence which, if the facts giving rise to the offence had taken place in any part of the United Kingdom, would not have constituted an offence under the law in force in that part of the United Kingdom.

(6) This sub-paragraph applies to a person if—

(a) within the period of five years ending with the date immediately preceding the date on which his appointment or election as governor would otherwise have taken effect; or

(b) since his appointment or election as governor,

he has been convicted under section 40 of the Local Government (Miscellaneous Provisions) Act 1982 (nuisance and disturbance on education premises) of an offence which took place on the premises of a school maintained by a local education authority or a grant-maintained school, and has been sentenced to a fine.

(7) Where, by virtue of this paragraph—

(a) a person becomes disqualified for holding, or for continuing to hold, office as a governor of the School; and

(b) he is, or is proposed, to become such a governor,

he shall upon becoming so disqualified give written notice of that fact to the Clerk to the Governing Body.

Section 18 Disqualification for holding office: absence from meetings

(1) This paragraph applies to any governor of the School other than the head teacher.

(2) Subject to sub-paragraph (6) below, where a governor to which this paragraph applies has without the consent of the Governing Body failed to attend any meetings thereof for the relevant period, beginning with the date on which he last attended such a meeting, he shall on the expiry of that period be disqualified for continuing to hold office as such a governor.

(3) In sub-paragraph (2) above, the reference to the relevant period is to such period (not being less than six nor more than twelve months) as may from time to time be determined by the Governing Body; and where no such determination has been made is a reference to the period of six months.

(4) Where the Governing Body determine or redetermine the relevant period for the purposes of sub-paragraph (2) above, the Clerk to the Governing Body shall give written notice of that decision to every member of the Governing Body within the period of fifteen days beginning with the date of the decision; and the determination or, as the case may be, redetermination shall not have effect until the expiry of the period referred to in sub-paragraph (5) below.

(5) The period is that which applies for the purposes of sub-paragraph (2) above at the date of the decision to which the notice under sub-paragraph (4) above relates beginning with the date of the decision.

(6) The Governing Body may determine that sub-paragraph (2) above shall not apply, but that sub-paragraph (7) below shall apply instead.

(7) Subject to sub-paragraph (8) below, where a governor to which this paragraph applies has without the consent of the Governing Body failed to attend the relevant number of consecutive meetings of the Governing Body, he shall be disqualified for continuing to hold office as such a governor from the date immediately following the date on which the last such meeting was held.

(8) A person who would otherwise be disqualified by virtue of sub-paragraph (7) above shall not be so disqualified if the period beginning with the date on which he last attended a meeting of the Governing Body to the date of the last of the meetings referred to in sub-paragraph (7) above is less than six months; however, if he has still failed to attend any meeting of the Governing Body on the expiry of the period of six months beginning with the date on which he last attended such a meeting, he shall be so disqualified from the date of the expiry of that period.

(9) For the purposes of sub-paragraph (7) above, the relevant number is the number determined by the Governing Body on resolving, in accordance with sub-paragraph (6) above, that sub-paragraph (7) above shall apply; or such other number as the Governing Body may from time to time determine.

(10) Where the Governing Body make a determination in accordance with sub-paragraph (6) or (9) above, the Clerk to the Governing Body shall give written notice of that determination to every member of the Governing Body within the period of fifteen days beginning with the date of the determination; and the determination shall not have effect until the expiry of the period of six months beginning with the date on which it was made.

(11) For the purposes of sub-paragraphs (4) and (10) above, notice may be given to a person by leaving it at, or by sending it by first class post to, his usual place of residence.

(12) Nothing in this paragraph shall prevent a person, who has been disqualified in accordance with this paragraph for continuing to hold office, from being elected or appointed for a further term of office as a governor of the School.

Section 19 Chairman and Vice-chairman of the Governing Body

(1) The Governing Body shall each school year, at their first meeting in that year, elect a Chairman and a Vice-chairman from among their number (subject however to sub-paragraph (2) below).

(2) A governor who is a member of the staff of the School, or is a registered pupil thereat, shall not be eligible for election as Chairman or Vice-chairman.

(3) Subject to sub-paragraphs (4) and (5) below, the Chairman or Vice-chairman shall hold office as such until his successor has been elected in accordance with sub-paragraph (1) above.

(4) The Chairman or Vice-chairman may at any time resign his office by giving notice in writing to the Clerk to the Governing Body.

(5) the Chairman or Vice-chairman shall cease to hold office if—

(a) he ceases to be a member of the Governing Body;

(b) in the case of the Chairman, he is removed from office in accordance with paragraph 20 below; or

(c) in the case of the Vice-chairman, he is elected in accordance with sub-paragraph (6) below to fill a vacancy in the office of Chairman.

(6) Where by reason of any of the matters referred to in sub-paragraphs (4) and (5) above a vacancy arises in the office of Chairman or Vice-chairman, the Governing Body shall at their next meeting elect one of their number to fill that vacancy (subject however to sub-paragraph (2) above).

(7) Subject to sub-paragraph (8) below, where the chairman is absent from any meeting or there is at the time a vacancy in the office of the Chairman, the Vice-chairman shall act as the chairman for the purposes of the meeting.

(8) Where in the circumstances referred to in sub-paragraph (7) above the Vice-chairman is absent from the meeting or there is at the time a vacancy in the office of Vice-chairman, the Governing Body shall elect one of their number to act as chairman for the purposes of that meeting, provided that the governor elected shall not be a member of the staff of the School, or a registered pupil thereat.

Section 20 Removal from office of the Chairman of the Governing Body

(1) Subject to the following provisions of this paragraph, the Governing Body may remove the Chairman from office.

(2) Subject to sub-paragraphs (3) and (4) below, a resolution to remove the Chairman from office which is passed at a meeting of the Governing Body shall not have effect unless—

(a) it is confirmed by a resolution passed at a second meeting of the Governing Body held not less than fourteen days after the first meeting (“the second meeting”); and

(b) the matter of the Chairman’s removal from office is specified as an item of businss on the agenda for each of those meetings.

(3) Where the Governing Body include first governors appointed by the Secretary of State in accordance with paragraph 3(1) and (3) above, sub-paragraph (4) below shall apply instead of sub-paragraph (2) above.

(4) A resolution to remove the Chairman from office which is passed at a meeting of the Governing Body shall not have effect unless the matter of the Chairman’s removal from office is specified as an item of business on the agenda for that meeting.

(5) Before the Governing Body resolve at the relevant meeting on whether to confirm the resolution to remove the Chairman from office, the governor or governors proposing his removal shall at that meeting state their reasons for doing so and the Chairman shall be given an opportunity to make a statement in response.

(6) In sub-paragraph (5) above, the reference to the relevant meeting is—

(a) in any case to which sub-paragraph (2) above applies, to the second meeting held to consider the Chairman’s removal; and

(b) in any case to which sub-paragraph (4) above applies, to any meeting held to consider the Chairman’s removal from office.

Section 21 Clerk to the Governing Body

(1) The Governing Body shall appoint a person (who is not a member of the Governing Body) to serve as the Clerk to the Governing Body.

(2) The Governing Body shall have power, where the Clerk to the Governing Body fails to attend any of their meetings, to appoint one of their number to act as clerk for the purposes of that meeting, but without prejudice to his position as governor.

Section 22 Convening of meetings of the Governing Body

(1) The Governing Body shall hold at least one meeting in every school term.

(2) Meetings of the Governing Body shall be convened by the Clerk to the Governing Body; and, without prejudice to sub-paragraph (4) below, in exercising his functions under this sub-paragraph the Clerk to the Governing Body shall comply with any direction—

(a) given by the Governing Body; or

(b) given by the Chairman or, in his absence or where there is a vacancy in the office of Chairman, the Vice-chairman of the Governing Body, so far as such direction is not inconsistent with any direction given as mentioned in paragraph (a) above.

(3) Any three members of the Governing Body may, by notice in writing given to the Clerk to the Governing Body, requisition a meeting thereof; and it shall be the duty of the Clerk to the Governing Body, subject to sub-paragraph (4) below, to convene such a meeting as soon as is reasonably practicable.

(4) Each member of the Governing Body shall be given, at least seven clear days before the date of a meeting—

(a) notice in writing thereof, signed by the Clerk to the Governing Body; and

(b) a copy of the agenda for the meeting:

Provided that where the Chairman or, in his absence or where there is a vacancy in the office of Chairman, the Vice-chairman so determines on the ground that there are matters demanding urgent consideration, it shall be sufficient if the written notice of a meeting, and the copy of the agenda therefor, are given within such shorter period as he directs.

(5) The power of the Chairman or Vice-chairman under sub-paragraph (4) above to direct that a meeting be held within a shorter period shall not apply in relation to any meeting at which the Chairman’s removal from office is to be considered in accordance with paragraph 20 above.

(6) For the purposes of sub-paragragh (4) above, notice of a meeting, and a copy of the agenda therefor, may be given to a person by leaving it at, or sending it by post to, his usual place of residence.

(7) The convening of a meeting and the proceedings conducted thereat shall not be invalidated by reason of any member of the governing body not having received written notice of the meeting or a copy of the agenda therefor.

Section 23 Termination and adjournment of meetings

(1) If the number of members of the Governing Body who are present at the time and place appointed for a meeting thereof does not constitute a quorum for the purposes of paragraph 24 below, the meeting shall not be held.

(2) A meeting of the Governing Body shall be terminated forthwith if—

(a) the Governing Body so resolve, or

(b) the number of members present ceases to constitute a quorum for a meeting of the Governing Body in accordance with paragraph 24 below.

(3) Where in accordance with sub-paragraph (1) or (2) above a meeting is not held or is terminated before all the matters specified as items of business on the agenda for the meeting have been disposed of, a further meeting shall be convened by the Clerk to the Governing Body as soon as is reasonably practicable.

(4) Where the Governing Body resolve in accordance with sub-paragraph (2)(a) above to adjourn a meeting before all the items of business on the agenda have been disposed of, the Governing Body shall before doing so determine the time and date at which a further meeting is to be held for the purposes of completing the consideration of those items, and they shall direct the Clerk to the Governing Body to convene a meeting accordingly.

(5) In any case falling within sub-paragraph (4) above, the Governing Body may determine that the further meeting referred to in that sub-paragraph shall be held at a date and time which, because of its proximity in time to the adjourned meeting, would not allow the Clerk to the Governing Body a sufficient period for the purpose of giving the notice required by paragraph 22(4) above:

Provided that in such a case the Clerk to the Governing Body shall use his best endeavours to secure that any member of the Governing Body not present at the first meeting is informed of the time and date of the further meeting.

Section 24 Quorum

(1) The quorum for a meeting of the Governing Body and any vote on any matter thereat shall, subject to sub-paragraph (2) below, be one-third (rounded up to a whole number) of the membership when complete.

(2) Subject to sub-paragraph (3) below, the quorum for the purposes of—

(a) appointing a first, parent or teacher governor in pursuance of (as the case may be) paragraph 2, 5, 6 or 8 above; or

(b) any vote on the removal of the Chairman of the Governing Body in accordance with paragraph 20 above,

shall be two-thirds (rounded up to a whole number) of the persons who are at the time members of the Governing Body.

(3) In any case to which paragraph 20(3) above applies, sub-paragraph (2)(b) above shall have effect as if the reference to two-thirds were a reference to one-half.

Section 25 Minutes of meetings etc.

(1) The minutes of the proceedings of a meeting of the Governing Body shall, subject to sub-paragraph (2) below, be drawn up and entered into a book kept for the purpose by the person acting as the clerk to the Governing Body for the purposes of the meeting; and shall be signed (subject to the approval of the Governing Body) at the same or next subsequent meeting by the person acting as the chairman thereof.

(2) The minutes of proceedings of meetings may be entered on loose-leaf pages consecutively numbered; but in that case the person signing the minutes shall initial each page.

(3) The person acting as the clerk to the Governing Body for the purposes of any meeting shall record immediately before the entry recording the minutes of that meeting in the book or pages used for that purpose the names of those members of the Governing Body present at the meeting concerned.

Section 26 Public access to meetings

Any question whether any person who is not a member of the Governing Body or the Clerk to the Governing Body should be allowed to attend meetings thereof shall be determined by the Governing Body.

Section 27 Publication of minutes and papers

(1) Subject to sub-paragraph (2) below, the Governing Body shall ensure that a copy of—

(a) the agenda for every meeting of the Governing Body;

(b) the draft minutes of every such meeting, if they have been approved by the person acting as chairman of that meeting;

(c) the signed minutes of every such meeting; and

(d) any report, document or other paper considered at any such meeting,

are, as soon as is reasonably practicable, made available at the School to persons wishing to inspect them.

(2) There may be excluded from any item required to be made available in pursuance of sub-paragraph (1) above, any material relating to—

(a) a named teacher or other person employed, or proposed to be employed, at the School;

(b) a named pupil at, or candidate for admission to, the School; and

(c) any matter which, by reason of its nature, the Governing Body are satisfied should remain confidential.

Section 28 Proceedings of the Governing Body

(1) Subject to the provisions of this Instrument and the articles of government for the School and the provisions of Schedules 5 and 11 to the 1993 Act, the Governing Body may regulate their own procedure in accordance with the following provisions of this paragraph.

(2) The Governing Body shall determine the rules which are to apply for the purposes of regulating their procedure, and shall make a written statement of those rules.

(3) The Governing Body may vary or revoke any of the rules determined under sub-paragraph (2) above; but where they do so they shall revise the written statement made under that sub-paragraph.

(4) The Governing Body shall comply with the rules determined by them in accordance with sub-paragraph (2) or (3) above.

(5) The Clerk to the Governing Body shall secure that a copy of any statement prepared in accordance with sub-paragraph (2) or (3) above is given to each member of the Governing Body.

(6) For the purposes of sub-paragraph (5) above, a copy of any statement prepared in accordance with sub-paragraph (2) or (3) above may be given to a person by leaving it at, or sending it by post to, his usual place of residence.

(7) Subject to sub-paragraph (8) below, every question to be decided at a meeting of the Governing Body shall be determined by a majority of the votes of the members present and voting on the question.

(8) Where there is an equal division of votes the Chairman or, as the case may be, the person who in accordance with paragraph 19(7) or (8) above is acting as chairman for the purposes of the meeting shall have a second or casting vote.