Office of Public Sector Information
Section 196.
1 The functions conferred by or under paragraphs 2 to 5 on the new governing body or any members of the body—
(a) may be exercised by them at any time during the period beginning with the incorporation date and ending immediately before the date of implementation of the proposals, but
(b) may be exercised only for the purpose of or in connection with the conduct of the school on or after the date of implementation of the proposals,
and those functions shall be exercised in accordance with any requirements of regulations (or, in the case of paragraph 3 or 5, of the directions or order in question) as to the circumstances, manner and conditions of their exercise.
2 The new governing body may—
(a) enter into contracts including, in particular, contracts for the employment of teachers and other staff, and
(b) acquire and dispose of land and other property.
3 Any member of, or person authorised by, the new governing body shall, if the Secretary of State directs that this paragraph applies in relation to the school, be entitled to have access to and use the premises of the school.
4 (1) If the new governing body request the existing governing body or the local education authority in writing to provide them with such information falling within sub-paragraph (2) as may be prescribed, the existing governing body or, as the case may be, the authority shall comply with the request.
(2) Information falls within this sub-paragraph if—
(a) it is held by the existing governing body or, as the case may be, the local education authority, and
(b) it relates to the school, including persons employed to work at the school and pupils at the school.
5 (1) The Secretary of State may by order make such provision as he considers appropriate in connection with the school’s transition to grant-maintained status and the impending transfer of responsibility for the conduct of the school.
(2) An order under sub-paragraph (1) may in particular provide for any provision of this Act specified in the order to have effect as if references to the governing body included the new governing body.
(3) Such an order may in particular—
(a) exclude or modify any powers of the local education authority or of the existing governing body in relation to any matter to which any power exercisable by the new governing body in accordance with any provision made by virtue of sub-paragraph (2) applies,
(b) require the new governing body to be consulted before the local education authority or the existing governing body exercise in relation to the school any function of a description specified in the order or take in relation to the school any action of a description so specified, and
(c) require or enable the new governing body to participate in the exercise in relation to the school of any such function or the taking in relation to the school of any such action.
6 (1) The funding authority may make grants to the new governing body of a school in respect of expenditure incurred or to be incurred by that body in pursuance of any provision made by or under paragraphs 2 to 5 in respect of the period beginning with the incorporation date and ending immediately before the date of implementation of the proposals.
(2) The funding authority may impose on a new governing body to whom such a grant is made such requirements as they may from time to time determine (whether before, at or after the time when the grant is made).
(3) Such requirements may, in particular, if any conditions specified in the requirements are satisfied, require the payment to the funding authority of the whole or any part of the following amount.
(4) That amount is—
(a) the amount of the payments made in respect of the grant, or
(b) so much of the value of any premises or equipment in respect of which the grant was paid as is determined in accordance with the requirements to be properly attributable to the payment of such grant,
whichever is the greater.
7 The duty of a local education authority to maintain any school shall not apply in relation to any expenses incurred by the new governing body of the school.
Section 218(4).
1 In this Schedule—
“school” means a grant-maintained school, and
“instrument”, in relation to a school, means the instrument of government for the school.
2 The instrument for a school may make provision—
(a) as to the procedure for the election of members of the governing body, and
(b) for the determination of any questions arising in connection with, or matters relating to, such elections.
3 A person who is a member of the teaching or other staff at a school which is required to have first governors shall be disqualified for holding office as such a governor on the governing body.
4 The instrument for a school may make provision as to the circumstances in which persons are to be disqualified for holding office as members of the governing body.
5 Subject to paragraph 10, the instrument for a school must provide for each governor of an elected category to hold office for a term of four years.
6 (1) Subject to paragraph 10, the instrument for a school must make the following provision for the term of office of—
(a) first or, as the case may be, foundation governors, other than a foundation governor who is a governor ex officio, and
(b) where there are sponsor governors, those governors.
(2) Except where sub-paragraph (3), (4) or (5) applies, such a governor is to hold office for such term (not being less than five nor more than seven years) as may be specified in the instrument.
(3) The initial instrument must provide, except where sub-paragraph (4) or (5) applies—
(a) subject to paragraph (b), for such a governor to hold office for such term as was specified in the proposals for acquisition of grant-maintained status or, as the case may be, the proposals for the establishment of a new grant-maintained school as the proposed term of office for initial governors of the category in question, and
(b) in the case of a governing body incorporated in pursuance of proposals for the establishment of a new grant-maintained school which name a person as a sponsor of the school, for any sponsor governor to hold office for such term as was specified as the proposed term of office for such governors in those proposals.
(4) Any additional first or foundation governor appointed in pursuance of provision made in the instrument by virtue of section 230(2) is to hold office for such term (not being more than five years) as may be specified in the terms of that governor’s appointment.
(5) Any first governor appointed in pursuance of provision made in the instrument by virtue of section 227 is to hold office for such term (not being less than five nor more than seven years) as may be specified in the terms of his appointment.
7 No provision made in the instrument by virtue of paragraph 5, 6 or 10 shall be taken to prevent a governor—
(a) from being elected or appointed for a further term, or
(b) from being disqualified, by virtue of paragraph 3 or any provision made by virtue of paragraph 4, for continuing to hold office.
8 The instrument for a school must provide that any member of the governing body may at any time resign his office.
9 (1) The instrument for a school must provide that any foundation governor (other than one holding office ex officio) and any sponsor governor may be removed from office by the person or persons who appointed him.
(2) For the purposes of this paragraph, an initial foundation governor shall be treated as having been appointed by the person or persons entitled to appoint foundation governors under provision included in the instrument in accordance with section 228(7)(b).
10 (1) The instrument for a school must, until every initial governor has ceased to hold office, make the provision required by sub-paragraphs (2) and (3).
(2) In the case of a governing body incorporated under Chapter II of Part III—
(a) an initial governor of an elected category who was a governor of that category on the 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 governor of an elected category who was elected under section 234, or elected or nominated under section 237 to hold office as such, shall hold office for a term of four years.
(3) An initial first governor, initial foundation governor (other than a foundation governor who is a governor ex officio) or initial sponsor governor shall hold office for such term (not being less than five nor more than seven years) beginning with the incorporation date as may be specified as his proposed term of office in the proposals for acquisition of grant-maintained status or, as the case may be, the proposals for the establishment of a new grant-maintained school.
(4) In the case of a governing body incorporated under Chapter IV of Part III, the instrument for a school must, until every governor of an elected category appointed before the date of implementation of the proposals has ceased to hold office, provide for any such governor to hold office for the prescribed term.
11 The proceedings of the governing body of a school shall not be invalidated by—
(a) any vacancy among their number, or
(b) any defect in the election or appointment of any governor.
12 Subject to the provisions of Chapter V of Part III and any instrument of government or articles of government made under that Chapter, the governing body of a school may regulate their own procedure.
13 (1) The instrument for a school may make provision as to the meetings and proceedings of the governing body.
(2) The provision that may be made in pursuance of this paragraph includes, in particular, provision—
(a) as to the election of a chairman and vice-chairman,
(b) as to the establishment, constitution, meetings and proceedings of committees,
(c) for the delegation of the governing body’s functions, in such circumstances as may be specified in the instrument, to committees established by that body or to any member of that body, and
(d) as to the procedure (including any quorum) when business is transacted by members of the governing body of a particular category.
(3) The provision mentioned in sub-paragraph (2)(b) may provide for a committee to include persons who are not members of the governing body.
(4) The instrument shall make provision for an appeal committee for the purposes of paragraph 6(1) of Schedule 23 to include among its members (with full voting powers) a person nominated by the governing body from among persons who are eligible to be lay members.
(5) A person is eligible to be a lay member for the purposes of sub-paragraph (4) if—
(a) he is a person without personal experience in the management of any school or the provision of education in any school (disregarding any such experience as a governor or in any other voluntary capacity), and
(b) he does not have, and 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 the school,
of a kind which might reasonably be taken to raise doubts about his ability to act impartially in relation to the school.
14 (1) Regulations may require the governing body of a school to make available, to such persons or classes of person as may be prescribed, such documents and information relating to the meetings and proceedings of the governing body as may be prescribed.
(2) Documents and information required by the regulations to be made available shall be made available in such form and manner, and at such times, as may be prescribed.
15 (1) The governing body of a school may pay to their members such travelling, subsistence or other allowances as may be determined in accordance with a scheme made by the governing body and approved by the Secretary of State.
(2) A scheme under this paragraph may be varied or revoked by a subsequent scheme made under this paragraph.
16 (1) The application of the seal of the governing body of a school 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.
(2) Every document purporting to be an instrument made or issued by or on behalf of the governing body of a school 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 be treated, without further proof, as being so made or issued unless the contrary is shown.
Education Act 1996