School Standards and Framework Act 1998 (c. 31)

(The document as of February, 2008)

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2 In this Act "foundation governor" means a person appointed to be a member of the school's governing body, otherwise than by a local education authority, who--

(a) where the school has a particular religious character, is appointed for the purpose of securing that that character is preserved and developed, and

(b) where the school has a trust deed, is appointed for the purpose of securing that the school is conducted in accordance with that deed,

or, where the school has neither a religious character nor a trust deed, is appointed as a foundation governor of the school.

LEA governors

3 In this Schedule "LEA governor" means a governor appointed to the school's governing body by the local education authority.

Parent governors

4 In this Schedule "parent governor" means--

(a) a person who is elected as a member of the school's governing body by parents of registered pupils at the school and is himself such a parent at the time when he is elected, or

(b) a person who is appointed as a parent governor by the governing body in accordance with regulations.

Partnership governors

5 In this Schedule "partnership governor" means a person nominated as a partnership governor, and appointed as such, in accordance with regulations.

Staff governors

6 In this Schedule "staff governor" means a person--

(a) who is elected as a member of the school's governing body by persons employed to work at the school otherwise than as teachers, and

(b) who is himself a person so employed at the time when he is elected;

and for this purpose "employed" means employed under a contract of employment or a contract for services.

Teacher governors

7 In this Schedule "teacher governor" means a person--

(a) who is elected as a member of the school's governing body by teachers at the school, and

(b) who is himself such a teacher at the time when he is elected;

and for this purpose "teacher" means a teacher employed under a contract of employment or a contract for services or otherwise engaged to provide his services as a teacher.

Head teacher

8 At any time when the head teacher is a governor, he shall be treated for all purposes as being an ex officio governor.

Part II Constitution of governing bodies

Community schools

9 (1) The governing body of a community school shall consist of the following--

(a) the head teacher, except at any time when he chooses not to be a governor,

(b) governors of each of the categories specified in the first column of the following table, in the numbers specified in whichever of the other columns relates to the school, and

(c) any additional governors required by virtue of paragraph 15.

(2) The option of having a smaller governing body constituted in accordance with the third or fifth column is available--

(a) in the case of a secondary school, where the school has less than 600 registered pupils, and

(b) in the case of a primary school, where the school has less than 100 registered pupils.

(3) As regards the alternatives specified in the fourth column of the table, the governing body of a primary school to which that column applies must be constituted in such a way as to reflect either all the first alternatives or all the second alternatives.

Category of governor	Secondary school-normal basis	Secondary school-option if less than 600 pupils	Primary school-normal basis	Primary school-option if less than 100 pupils
Parent governors	6	5	4 or 5	3
LEA governors	5	4	3 or 4	2
Teacher governors	2	2	1 or 2	1
Staff governors	1	1	1	1 or 0
Co-opted governors	5	4	3 or 4	2

Community special schools

10 (1) The governing body of a community special school shall consist of the following--

(a) the head teacher, except at any time when he chooses not to be a governor,

(b) governors of each of the categories specified in the first column of the table set out in paragraph 9, in the numbers specified in either the fourth or the fifth column, and

(c) any additional governors required by virtue of paragraph 15.

(2) The option of having a smaller governing body constituted in accordance with the fifth column of the table is accordingly available whether or not the school has less than 100 registered pupils.

(3) As regards the alternatives specified in the fourth column of the table, the governing body of a community special school to which that column is applicable must be constituted in such a way as to reflect either all the first alternatives or all the second alternatives.

(4) Whichever set of numbers applies to the governing body of such a school under the fourth or fifth column--

(a) the number of co-opted governors shall be reduced by one, and

(b) in place of that governor there shall be a representative governor appointed under sub-paragraph (5) or (6),

except in a case where sub-paragraph (6) applies and no voluntary organisation is designated for the purposes of that sub-paragraph.

(5) Where the school is established in a hospital, a representative governor shall be appointed--

(a) (if the hospital is vested in the Secretary of State) by the Health Authority; or

(b) (if the hospital is vested in a National Health Service trust) by that trust.

(6) Where the school is not established in a hospital, then--

(a) if a voluntary organisation is designated by the local education authority, in relation to the school, as the appropriate voluntary organisation concerned with matters in respect of which the school is specially organised, a representative governor shall be appointed by that organisation; or

(b) if two or more voluntary organisations are so designated as appropriate voluntary organisations concerned with such matters, a representative governor shall be appointed by those organisations acting jointly.

Foundation schools

11 (1) The governing body of a foundation school shall consist of the following--

(a) the head teacher, except at any time when he chooses not to be a governor,

(b) governors of each of the categories specified in the first column of the following table, in the numbers specified in whichever of the other columns relates to the school, and

(c) any additional governors required by virtue of paragraph 15.

Where the school does not have a foundation, the reference to foundation governors in the first column shall be read as a reference to partnership governors.

(2) The option of having a smaller governing body constituted in accordance with the third or fifth column is available--

(a) in the case of a secondary school, where the school has less than 600 registered pupils, and

(b) in the case of a primary school, where the school has less than 100 registered pupils.

(3) As regards the alternatives specified in the fourth column of the table, the governing body of a primary school to which that column applies must be constituted in such a way as to reflect either both of the first alternatives or both of the second alternatives.

Category of governor	Secondary school-normal basis	Secondary school-option if less than 600 pupils	Primary school-normal basis	Primary school-option if less than 100 pupils
Parent governors	7	6	5 or 6	4
LEA governors	2	2	2	2
Teacher governors	2	2	1	1
Staff governors	1	1	1	1 or 0
Foundation governors	5	4	3 or 4	2
Co-opted governors	3	2	1	1

Foundation special schools

12 (1) The governing body of a foundation special school shall consist of the following--

(a) the head teacher, except at any time when he chooses not to be a governor,

(b) governors of each of the categories specified in the first column of the table set out in paragraph 11, in the numbers specified in either the fourth or the fifth column, and

(c) any additional governors required by virtue of paragraph 15.

Where the school does not have a foundation, the reference to foundation governors in the first column shall be read as a reference to partnership governors.

(2) The option of having a smaller governing body constituted in accordance with the fifth column of the table is accordingly available whether or not the school has less than 100 registered pupils.

(3) As regards the alternatives specified in the fourth column of the table, the governing body of a foundation special school to which that column is applicable must be constituted in such a way as to reflect either both of the first alternatives or both of the second alternatives.

Voluntary controlled schools

13 (1) The governing body of a voluntary controlled school shall consist of the following--

(a) the head teacher, except at any time when he chooses not to be a governor,

(b) governors of each of the categories specified in the first column of the following table, in the numbers specified in whichever of the other columns relates to the school, and

(c) any additional governors required by virtue of paragraph 15.

(2) The option of having a smaller governing body constituted in accordance with the third or fifth column is available--

(a) in the case of a secondary school, where the school has less than 600 registered pupils, and

(b) in the case of a primary school, where the school has less than 100 registered pupils.

(3) As regards the alternatives specified in the fourth column, the governing body of a primary school to which that column applies must be constituted in such a way as to reflect either both of the first alternatives or both of the second alternatives.

Category of governor	Secondary school-normal basis	Secondary school-option if less than 600 pupils	Primary school-normal basis	Primary school-option if less than 100 pupils
Parent governors	6	5	4 or 5	3
LEA governors	4	3	3	2
Teacher governors	2	2	1	1
Staff governors	1	1	1	1 or 0
Foundation governors	5	4	3 or 4	2
Co-opted governors	2	2	1	1

Voluntary aided schools

14 (1) The governing body of a voluntary aided school shall consist of the following--

(a) the head teacher, except at any time when he chooses not to be a governor,

(b) governors of each of the categories specified in the first column of the following table, in the numbers specified in whichever of the other columns relates to the school,

(c) any additional governors required by virtue of paragraph 15, and

(d) such number of foundation governors as will lead to their outnumbering the other governors mentioned in paragraphs (a) to (c)--

(i) by three, in the case of a school to which the second column applies, or

(ii) by two, in the case of any other school.

(2) The option of having a smaller governing body constituted in accordance with the third or fifth column is available--

(a) in the case of a secondary school, where the school has less than 600 registered pupils, and

(b) in the case of a primary school, where the school has less than 100 registered pupils.

(3) As regards the alternatives specified in the fourth column, the governing body of a primary school to which that column applies must be constituted in such a way as to reflect either both of the first alternatives or both of the second alternatives.

(4) The foundation governors required by sub-paragraph (1)(d) must include--

(a) at least three governors who at the time of their appointment are parents of registered pupils at the school, in the case of a school to which the second column applies, or

(b) at least two such governors in the case of any other school.

Category of governor	Secondary school-normal basis	Secondary school-option if less than 600 pupils	Primary school-normal basis	Primary school-option if less than 100 pupils
Parent governors	3	2	1 or 2	1
LEA governors	2	1	1 or 2	1
Teacher governors	2	2	1	1
Staff governors	1	1	1	1 or 0

Additional governors

15 (1) If the governing body of any maintained school so determine, or regulations so require, the instrument of government for the school shall provide for the governing body to include, in addition to the governors required by virtue of the preceding provisions of this Schedule, such number of co-opted governors as may be specified in or determined in accordance with regulations.

(2) Regulations shall specify--

(a) the circumstances in which provision for such appointments is authorised or required to be made under this paragraph; and

(b) the categories of person from whom or from amongst whose members nominations for such appointments are to be sought.

(3) The instrument of government for any community or voluntary school which--

(a) is a primary school, and

(b) serves an area for which there are one or more minor authorities,

shall provide for the governing body to include (in addition to the governors required by virtue of paragraph 9, 13 or 14, as the case may be, and any required by virtue of sub-paragraph (1)) one co-opted governor nominated by the minor authority or (as the case may be) one of the minor authorities in question.

(4) Where any such school serves an area for which there are two or more minor authorities, the relevant governors shall, for the purposes of the appointment of any such co-opted governor, seek nominations from such one or more of those authorities as the governors think fit.

(5) In sub-paragraph (4) "the relevant governors" means those members of the school's governing body who are not co-opted governors.

Substitutes for ex officio foundation governors

16 Regulations may make provision for, and in connection with, the appointment of foundation governors to act in the place of ex officio foundation governors in cases where--

(a) any person holding a foundation governorship ex officio is unable or unwilling to act as a foundation governor, or

(b) there is a vacancy in the office by virtue of which such a governorship exists.

Adjustment in number of governors

17 (1) Where--

(a) a maintained school has more governors of a particular category than are provided for by the instrument of government for the school in accordance with this Part of this Schedule, and

(b) the excess is not eliminated by the required number of governors of that category resigning,

such number of governors of that category as is required to eliminate the excess shall cease to hold office.

(2) If the excess has arisen in relation to foundation governors, the excess shall be eliminated in accordance with such procedure as is set out in the instrument of government for the school.

(3) If the excess has arisen in relation to any other category of governor, the excess shall be eliminated in accordance with such procedure as may be prescribed.

(4) Where the governing body of a maintained school includes any additional governors appointed in pursuance of paragraph 15, this paragraph shall apply to the school as if such of those governors as are nominated by a particular category of person constituted a separate category of governor.

Section 36(2).

SCHEDULE 10 Incorporation and powers of governing bodies

Introductory

1 (1) In the following paragraphs of this Schedule "the governing body" means the governing body of a maintained school incorporated under section 36(1).

(2) Where an existing school (other than a grouped school) becomes a maintained school on the appointed day in accordance with Schedule 2, the governing body of the school--

(a) shall continue in existence as a body corporate; and

(b) shall so continue in existence as if incorporated under section 36(1);

but as from that day the governing body shall (subject to regulations under sub-paragraph (3) or (4)) conform with Part II of Schedule 9.

(3) For the purposes of sub-paragraph (2) the governing body of each such existing school shall (subject to regulations under sub-paragraph (4)) be reconstituted under the instrument of government required by paragraph 6 of Schedule 12 before the appointed day; and regulations may make such provision as the Secretary of State considers necessary or expedient in connection with the reconstitution of a governing body in pursuance of this sub-paragraph.

(4) Regulations may, in relation to cases where--

(a) the instrument of government required by paragraph 6 of Schedule 12 in the case of an existing school within sub-paragraph (2) above is not made before the appointed day, or

(b) the governing body of such a school are not reconstituted before that day,

make such provision as the Secretary of State considers necessary or expedient in connection with any of the following matters, namely--

(i) the making of such instruments of government on or after that day,

(ii) the reconstitution of governing bodies on or after that day, and

(iii) the existence of such bodies on and after that day pending their reconstitution at some later date.

(5) Regulations may, in relation to existing schools which are grouped schools, make such provision as the Secretary of State considers necessary or expedient in connection with the transition of such schools from being grouped under a single governing body to having their own governing bodies constituted under instruments of government made in accordance with Schedule 12.

(6) If the instrument of government required by paragraph 6 of Schedule 12 is not made before the appointed day in the case of an existing school, the following requirements, namely--

(a) the requirements of paragraph 2(1) below as to the name of the governing body, and

(b) the requirements of section 37(3) as to the name of the school,

shall not apply until such time as that instrument of government is made.

(7) In this paragraph "existing school" means (subject to sub-paragraph (8))--

(a) a county, controlled, aided or special agreement school or a maintained special school, or

(b) a grant-maintained or grant-maintained special school,

within the meaning of the [1996 c. 56.] Education Act 1996; and "grouped school" means a school grouped under section 89 or 280 of that Act.

(8) A school is not an existing school for the purposes of this paragraph if immediately before the appointed day--

(a) in the case of a school within paragraph (a) of sub-paragraph (7), it has a temporary governing body, or

(b) in the case of a school within paragraph (b) of that sub-paragraph, it has a governing body but it has not yet opened;

and for this purpose a school "opens" on the date when it first admits pupils.

(9) Regulations may make such provision as the Secretary of State considers necessary or expedient in connection with the transition of--

(a) any such school as is mentioned in sub-paragraph (8)(a) or (b), or

(b) any proposed school which would be a school within sub-paragraph (7)(a) and which has, or is required to have, a temporary governing body,

to a school with a governing body constituted under an instrument of government made in accordance with Schedule 12.

(10) Regulations under any provision of this paragraph may, in connection with any matters falling within that provision--

(a) modify any provision made by or under this Part of this Act;

(b) apply any such provision with or without modifications;

(c) make provision corresponding or similar to any such provision;

(d) provide for the continued application of any provision made by or under any of the Education Acts with or without modifications.

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 be 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, the conduct of the school.

(2) The governing body may in particular--

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

(b) acquire and dispose of land and other property;

(c) enter into contracts;

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

(e) 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) do anything incidental to the conduct of the school.

(3) The power to borrow sums and grant security mentioned in sub-paragraph (2)(a) may only be exercised with the written consent--

(a) of the Secretary of State, or

(b) if an order under sub-paragraph (4) so provides, of the local education authority;

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

(4) The Secretary of State may by order make provision for his function of giving consent under sub-paragraph (3) 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.

(5) In exercising that function those authorities shall comply with any directions contained in an order made by the Secretary of State.

(6) Where the school is a foundation, voluntary aided or foundation special school, the power to enter into contracts mentioned in sub-paragraph (2)(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.

(7) Sub-paragraphs (1) and (2) have effect subject to--

(a) any provisions of the school's instrument of government; and

(b) any provisions of a scheme under section 48 which relates to the school.

Dissolution of governing body

4 (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 may specify by order made before the discontinuance date.

(2) In this paragraph "the discontinuance date" means--

(a) the date when proposals for discontinuing the school are implemented under Part III of Schedule 6,

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

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

as the case may be.

Section 36(3).

SCHEDULE 11 Membership and proceedings etc. of governing bodies

Part I Membership and proceedings

Regulations about governing bodies

1 Regulations may make in relation to governing bodies of maintained schools such provision as is authorised by the following provisions of this Part of this Schedule.

Election or appointment of governors

2 (1) The regulations may make provision--

(a) as to the procedures to be followed in connection with the election or appointment of persons as governors of such schools or in connection with the nomination of persons to be so appointed;

(b) imposing requirements which must be complied with in relation to the appointment or nomination of persons as governors of any prescribed category;

(c) as to the circumstances in which persons are qualified or disqualified--

(i) for being elected, appointed or nominated as governors of any such category, or

(ii) for voting in an election of such governors.

(2) The regulations may make provision--

(a) for enabling the local education authority or (as the case may be) the governing body to determine, for the purposes of any such election, whether any person is a person of such a description as is specified in the regulations;

(b) for requiring appointments falling to be made by persons acting jointly to be made, in any prescribed circumstances, by or in accordance with a direction given by the Secretary of State.

Qualifications and tenure of office

3 The regulations may make provision as to--

(a) the circumstances in which persons are qualified or disqualified for holding office as governors;

(b) the term of office of governors (subject to any provision made by virtue of sub-paragraph (a));

(c) the resignation or removal of governors from office.

Meetings and proceedings

4 (1) The regulations may make provision as to the meetings and proceedings of governing bodies.

(2) The provision authorised by sub-paragraph (1) includes, in particular, provision--

(a) for the election by the governors of a school of one of their number to be chairman, and one to be vice-chairman, of the governing body;

(b) for the period for which the chairman and vice-chairman are to be elected and for the removal from office of either of those persons;

(c) for the establishment by a governing body of committees (which may include persons who are not members of the governing body) and for the constitution, meetings and proceedings of committees so established;

(d) for the delegation of functions of a governing body, in such circumstances as may be specified, to committees established by that body, to any member of that body or to the head teacher;

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