Education (No. 2) Act 1986
Education (No. 2) Act 1986
1986 CHAPTER 61
An Act to amend the law relating to education.
[7th November 1986]
Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
Part I
Introductory
1 Instruments of government and articles of government.
(1) For every county, voluntary and maintained special school there shall be—
(a ) an instrument providing for the constitution of a governing body of the school (to be known as the instrument of government); and
(b ) an instrument in accordance with which the school is to be conducted (to be known as the articles of government).
(2) The instrument of government and articles of government shall be made by order of the local education authority.
(3) The instrument of government shall contain such provisions as are required either by Part II of this Act (which is concerned, among other things, with the size and composition of governing bodies and the procedures for electing members and filling vacancies) or by any other enactment.
(4) The articles of government shall contain such provisions as are required either by Part III of this Act (which is concerned, among other things, with the manner in which schools are to be conducted and the allocation of functions between the local education authority, the governing body and the head teacher) or by any other enactment.
(5) The instrument of government and articles of government shall—
(a ) contain no provision which is inconsistent with any provision made by or under this Act or any other enactment; and
(b ) comply with any trust deed relating to the school.
(6) This section is subject to the following provisions of this Act—
(a ) section 9 (which provides for two or more schools to be grouped under a single governing body in certain circumstances); and
(b ) section 12 (which provides for certain existing, or proposed, schools to have temporary governing bodies pending the constitution of governing bodies under instruments of government).
2 Procedure in relation to making etc. of instruments and articles.
(1) Before making any order under section 1 of this Act, a local education authority shall consult the governing body and the head teacher of the school concerned.
(2) Before making any such order in respect of a voluntary school, a local education authority shall—
(a ) secure the agreement of the governing body to the terms of the proposed order;
(b ) if it embodies or varies an instrument of government, secure the agreement of the foundation governors to any provisions which are of particular concern to those governors; and
(c ) have regard to the way in which the school has been conducted.
(3) Where the governing body of any county, voluntary or maintained special school make a proposal to the local education authority for the alteration of the provision made by the instrument of government, or articles of government, for the school, it shall be the duty of the authority to consider their proposal.
(4) Where—
(a ) the foundation governors of a voluntary school make a proposal to the local education authority for the alteration of the provision made by the instrument of government for the school; and
(b ) the proposal relates solely to one or more matters which are of particular concern to those governors;
it shall be the duty of the authority to consider their proposal.
(5) Where a local education authority—
(a ) propose to make an order under section 1 but cannot secure any agreement required by subsection (2) above; or
(b ) refuse, in the case of a voluntary school, to make such an order in response to a proposal of a kind mentioned in subsection (3) or (4) above;
the authority or (as the case may be) the governing body or foundation governors may refer the matter to the Secretary of State.
(6) On any reference to him under subsection (5) above, the Secretary of State shall give such direction as he thinks fit having regard, in particular, to the status of the school as a controlled, aided or (as the case may be) special agreement school.
(7) Where it appears to the Secretary of State—
(a ) that an order, or proposed order, under section 1 is in any respect inconsistent with the provisions of any trust deed relating to the school; and
(b ) that it is expedient in the interests of the school that the provisions of the trust deed should be modified for the purpose of removing the inconsistency;
he may by order make such modifications in the trust deed as appear to him to be just and expedient for that purpose.
Part II
School Government
Governing bodies
3 Governing bodies for country, controlled and maintained special schools.
(1) This section applies in relation to any county, controlled or maintained special school.
(2) The instrument of government for such a school which has less than 100 registered pupils shall, subject to section 7 of this Act, provide for the governing body to consist of the following (and no others)—
(a ) two parent governors;
(b ) two governors appointed by the local education authority;
(c ) one teacher governor;
(d ) the head teacher, unless he chooses not to be a governor; and
(e ) either—
(i) two foundation governors and one co-opted governor, in the case of a controlled school; or
(ii) three co-opted governors, in any other case.
(3) The instrument of government for such a school which has more than 99, but less than 300, registered pupils shall, subject to section 7, provide for the governing body to consist of the following (and no others)—
(a ) three parent governors;
(b ) three governors appointed by the local education authority;
(c ) one teacher governor;
(d ) the head teacher, unless he chooses not to be a governor; and
(e ) either—
(i) three foundation governors and one co-opted governor, in the case of a controlled school; or
(ii) four co-opted governors, in any other case.
(4) The instrument of government for such a school which has more than 299, but less than 600, registered pupils shall, subject to section 7, provide for the governing body to consist of the following (and no others)—
(a ) four parent governors;
(b ) four governors appointed by the local education authority;
(c ) two teacher governors;
(d ) the head teacher, unless he chooses not to be a governor; and
(e ) either—
(i) four foundation governors and one co-opted governor, in the case of a controlled school; or
(ii) five co-opted governors, in any other case.
(5) The instrument of government for such a school which has more than 599 registered pupils shall, subject to section 7, provide for the governing body to consist of the following (and no others)—
(a ) five parent governors;
(b ) five governors appointed by the local education authority;
(c ) two teacher governors;
(d ) the head teacher, unless he chooses not to be a governor; and
(e ) either—
(i) four foundation governors and two co-opted governors, in the case of a controlled school; or
(ii) six co-opted governors, in any other case.
(6) Where the instrument of government so provides, a school to which subsection (5) above would otherwise apply shall be treated for the purposes of this section as one to which subsection (4) above applies.
(7) Where the head teacher is a governor he shall be treated for all purposes as being an ex officio governor.
4 Governing bodies for aided and special agreement schools.
(1) This section applies in relation to any aided or special agreement school.
(2) The instrument of government for such a school shall provide for the governing body to include—
(a ) at least one governor appointed by the local education authority;
(b ) in the case of a school which is a primary school serving an area in which there is a minor authority, at least one governor appointed by the authority;
(c ) foundation governors;
(d ) at least one parent governor;
(e ) in the case of a school which has less than 300 registered pupils, at least one teacher governor;
(f ) in the case of a school which has 300 or more registered pupils, at least two teacher governors; and
(g ) the head teacher, unless he chooses not to be a governor.
(3) The instrument of government for such a school shall provide —
(a ) for such number of foundation governors as will lead to their outnumbering the other governors—
(i) by two, if the governing body of the school will consist of eighteen or fewer governors; and
(ii) by three, if it will consist of more than eighteen governors; and
(b ) for at least one of the foundation governors to be (at the time of his appointment) a parent of a registered pupil at the school.
(4) Where the head teacher of such a school has chosen not to be a governor, he shall nevertheless be counted as one for the purposes of calculating the required number of foundation...
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