School Standards and Framework Act 1998 (c. 31)

(The document as of February, 2008)

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(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;

(e) for the chairman, or such other member of a governing body as may be specified, to have power in specified circumstances to discharge any of the governing body's functions as a matter of urgency;

(f) as to the quorum required in any specified circumstances;

(g) for securing that proceedings of a governing body, or of any committee established by them, are not invalidated by any vacancy among the governors, or among the members of any such committee, or in any other specified circumstances;

(h) requiring decisions taken by a governing body in any specified circumstances to be confirmed at a second meeting of that body held within such period as may be specified.

(3) In sub-paragraph (2) "specified" means specified in the regulations.

(4) The regulations may authorise or require governing bodies to make provision with respect to any matters relating to their meetings or proceedings (including any of the matters mentioned in sub-paragraph (2)).

(5) Subject to the regulations, a governing body may regulate their own procedure and that of any of their committees.

Information as to meetings and proceedings

5 (1) The regulations may make provision requiring a governing body--

(a) to make minutes (including draft minutes) of their proceedings available for inspection by the local education authority;

(b) to make available--

(i) to such persons or classes of person as may be specified, and

(ii) in such form, and at such times, as may be specified,

such documents and information relating to their meetings and proceedings as may be specified.

(2) In sub-paragraph (1) "specified" means specified in the regulations.

Part II Other provisions about governors

Governors' expenses

6 (1) A governor shall be entitled to receive such allowances, payable at such rates, as the governing body may determine in accordance with regulations.

(2) Sub-paragraph (1) does not apply at any time when the school does not have a delegated budget, and the payment of allowances to a governor at any such time shall instead be in accordance with a scheme made by the local education authority for the purposes of section 519 of the [1996 c. 56.] Education Act 1996.

Training and support of governors

7 The local education authority shall--

(a) (to the extent that they are not otherwise required to secure the provision of such information) secure that every governor is provided, free of charge, with such information as they consider appropriate in connection with the discharge of his functions as a governor; and

(b) secure that there is made available to every governor, free of charge, such training as they consider necessary for the effective discharge of those functions.

Part III Clerk to the governing body

Appointment etc. of clerk

8 Regulations may make provision--

(a) requiring the appointment of a clerk to the governing body of a maintained school and authorising or requiring the appointment of clerks to committees of the governing body;

(b) prescribing the body by whom any such appointment is to be made and any restrictions or other requirements relating to any such appointment;

(d) authorising the governing body or a committee of the governing body, where the clerk fails to attend a meeting of theirs, to appoint one of their number to act as clerk for the purposes of that meeting.

Section 37.

SCHEDULE 12 Instruments of government

Contents and form of instrument of government

1 (1) The instrument of government for a maintained school shall set out--

(a) the name of the school;

(b) the category of school (within section 20(1)) to which the school belongs;

(d) the manner in which the governing body are to be constituted, specifying--

(i) the categories of governor and the number of governors in each category,

(ii) the categories of person from whom or from amongst whose members nominations for the appointment of any additional governors required by virtue of paragraph 15 of Schedule 9 are to be sought,

(iii) the number of such governors for whose appointment nominations are to be sought in the case of each such category of person,

(iv) where the school is a community special school, whether it has a representative governor by virtue of paragraph 10 of Schedule 9, and

(v) the total number of governors;

(e) where the school has foundation governors--

(i) the name of any foundation body or person who is entitled to appoint such governors and (if there is more than one such person) the basis on which such appointments are made,

(ii) details of any foundation governorship to be held ex officio by the holder of a named office and the name of any person entitled to make any appointment by virtue of paragraph 16 of Schedule 9, and

(iii) the procedure to be adopted for eliminating any excess in the number of foundation governors for the purposes of paragraph 17 of that Schedule;

(f) where the school is a community special school, the names of any body or bodies by whom any representative governor is appointed under paragraph 10 of that Schedule;

(g) where the school is a foundation or voluntary school which has a religious character, a description of the ethos of the school; and

(h) the date when the instrument takes effect.

(2) The manner in which the governing body are to be constituted, as set out in the instrument in accordance with sub-paragraph (1)(d), must conform with the provisions of--

(a) Part II of Schedule 9, and

(b) any regulations made under paragraph 15 of that Schedule,

as they apply to a school of the category to which the school belongs.

(3) Where, for the purposes of any provision of that Part of that Schedule, it is material to determine the number of registered pupils at the school, that number shall be determined as at the date when the instrument is made.

(4) The instrument shall (subject to any other statutory provision) comply with any trust deed relating to the school.

(5) The instrument shall be made in such form as may be prescribed.

Making of instruments of government

2 (1) Paragraph 3 shall apply in connection with the making of an instrument of government for a maintained school subject to any relevant modifications.

(2) In sub-paragraph (1) "relevant modifications" means--

(a) where the instrument of government is to be made in pursuance of paragraph 6 for a school which is to become a maintained school on the appointed day in accordance with Schedule 2, modifications prescribed under that paragraph;

(b) where the instrument of government is to be made in pursuance of regulations under section 44 for a new maintained school, modifications prescribed under that section; and

(c) where the instrument of government is to be made in pursuance of regulations under paragraph 5 of Schedule 8 for a school changing its category in accordance with that Schedule, modifications prescribed by regulations under that paragraph.

Procedure for making instrument

3 (1) The governing body shall prepare a draft of the instrument and submit it to the local education authority.

(2) Where the school has foundation governors, the governing body shall not submit the draft to the authority unless the following persons have agreed to the contents of the draft, namely--

(a) the foundation governors;

(b) any trustees under a trust deed relating to the school; and

(c) in the case of a Church of England, Church in Wales or Roman Catholic Church school, the appropriate diocesan authority.

(3) On receiving the draft the authority shall consider whether it complies with all applicable statutory provisions, and if--

(a) the authority are content with the draft, or

(b) there is agreement between the authority, the governing body and (if the school has foundation governors) the persons mentioned in sub-paragraph (2) that the draft should be revised to any extent,

the instrument shall be made by order of the authority in the form of the draft or (as the case may be) in the form of the revised draft.

(4) If, in the case of a school which has foundation governors, there is at any time disagreement as to the contents of the draft among the bodies and persons mentioned in sub-paragraph (3)(b), any of those bodies or persons may refer the draft to the Secretary of State; and on such a reference the Secretary of State shall give such direction as he thinks fit having regard, in particular, to the category of school to which the school belongs.

(5) If neither of paragraphs (a) and (b) of sub-paragraph (3) applies in the case of a school which does not have foundation governors, the authority shall--

(a) notify the governing body of the reasons why they are not content with the draft instrument, and

(b) give the governing body a reasonable opportunity to reach agreement with the authority on revising the draft;

and the instrument shall be made by order of the authority either in the form of a revised draft agreed between the authority and the governing body or (in the absence of such agreement) in such form as the authority think fit having regard, in particular, to the category of school to which the school belongs.

(6) When taking any decision as to the name of the school the governing body, the authority and (if the school has foundation governors) the persons mentioned in sub-paragraph (2), shall have regard to any guidance given from time to time by the Secretary of State.

(7) Nothing in this paragraph requires the agreement of, or enables any objection to be made by, any body or person to any part of a draft instrument that reflects any decision taken by the governing body or any other person which the governing body or that person is required or authorised to take by virtue of any statutory provision.

Review of instruments of government

4 (1) The governing body or the local education authority may review the instrument at any time after it is made.

(2) The governing body or the authority shall review the instrument on such occasions as may be prescribed; and regulations may require the instrument to be varied at the instance of the governing body in such circumstances as may be prescribed.

(3) Where--

(a) on any review the governing body or the authority decide that the instrument should be varied, or

(b) any regulations under sub-paragraph (2) require the instrument to be varied,

the governing body or (as the case may be) the authority shall notify the other of their proposed variation.

(4) Where the governing body have received a notification under sub-paragraph (3), they shall notify the authority as to whether or not they are content with it.

(5) Where the school has foundation governors, the governing body shall not give the authority--

(a) any notification under sub-paragraph (3), or

(b) any notification under sub-paragraph (4) to the effect that they are content with the authority's proposed variation,

unless the persons mentioned in paragraph 3(2) have agreed to the proposed variation.

(6) If--

(a) both the governing body and the authority are content with a proposed variation as notified under sub-paragraph (3), or

(b) there is agreement between the authority, the governing body and (if the school has foundation governors) the persons mentioned in paragraph 3(2) that some other variation should be made instead,

the instrument shall be varied accordingly by order of the authority.

(7) If, in the case of a school which has foundation governors, there is at any time disagreement as to the proposed variation among the bodies and persons mentioned in sub-paragraph (6)(b), any of those bodies or persons may refer the proposed variation to the Secretary of State; and on such a reference the Secretary of State shall give such direction as he thinks fit having regard, in particular, to the category of school to which the school belongs.

(8) If neither of paragraphs (a) and (b) of sub-paragraph (6) applies in the case of a school which does not have foundation governors, the authority shall--

(a) notify the governing body of the reasons--

(i) why they are not content with the governing body's proposed variation, or

(ii) why they wish to proceed with their own proposed variation,

as the case may be, and

(b) give the governing body a reasonable opportunity to reach agreement with the authority on revising the variation;

and the instrument shall be varied by order of the authority either in the manner agreed between the authority and the governing body or (in the absence of such agreement) in such manner as the authority think fit having regard, in particular, to the category of school to which the school belongs.

(9) Where there is no such agreement (and no variation is required by regulations under sub-paragraph (2)), sub-paragraph (8) does not require the authority to vary the instrument if they consider it appropriate not to do so.

(10) The following requirements under paragraph 3, namely--

(a) the requirement under sub-paragraph (3) for the authority to consider compliance with all applicable statutory provisions, and

(b) the requirement under sub-paragraph (6) to have regard, in connection with the name of the school, to guidance given by the Secretary of State,

shall apply in relation to a proposed variation of an instrument of government as they apply in relation to a draft of such an instrument.

(11) Where an instrument of government is varied under this paragraph--

(a) the instrument shall set out the date on which the variation takes effect, and

(b) paragraph 1(3) shall apply in relation to any variation relating to the manner in which the governing body are to be constituted as if it referred to the date when the variation is made rather than the date when the instrument is made.

(12) Nothing in this paragraph requires the agreement of, or enables any objection to be made by, any body or person to any proposed variation that reflects any decision taken by the governing body or any other person which the governing body or that person is required or authorised to take by virtue of any statutory provision.

Other requirements relating to instruments of government

5 Regulations may make provision imposing on local education authorities requirements with respect to the provision of--

(a) copies of instruments of government made or varied by them; or

(b) information relating to such instruments.

Duty to secure making of first instrument of government

6 (1) A local education authority shall secure that, by the end of such period as may be prescribed, an instrument of government has been made in accordance with this Schedule for each school which is to be, or is, maintained by them as from the appointed day in accordance with section 20(4) or (5).

(2) Regulations may make such provision as the Secretary of State considers necessary or expedient in connection with the making of instruments of government in pursuance of sub-paragraph (1), including provision modifying any provision of this Schedule or Schedule 9.

Section 40.

SCHEDULE 13 Control of school premises by governing bodies

Community and community special schools: general

1 (1) This paragraph applies to a community or community special school.

(2) The occupation and use of the premises of the school, both during and outside school hours, shall be under the control of the governing body, subject to--

(a) any directions given by the local education authority under sub-paragraph (3);

(b) any transfer of control agreement entered into by the governing body under paragraph 2; and

(3) The local education authority may give such directions as to the occupation and use of the premises of a community or community special school as they think fit.

(4) In exercising control of the occupation and use of the premises of the school outside school hours the governing body shall have regard to the desirability of those premises being made available for community use.

Transfer of control agreement in case of community or community special school

2 (1) Subject to sub-paragraph (2), the governing body of a community or community special school may enter into a transfer of control agreement with any body or person if their purpose, or one of their purposes, in doing so is to promote community use of the whole or any part of the school premises.

(2) The governing body shall not enter into any transfer of control agreement which makes or includes provision for the use of the whole or any part of the school premises during school hours unless they have first obtained the local education authority's consent to the agreement in so far as it makes such provision.

(3) A transfer of control agreement shall be taken to include the following terms, namely--

(a) that the governing body shall notify the controlling body of any directions given to the governing body under paragraph 1(3);

(b) that the controlling body, in exercising control of the use of any premises subject to the agreement--

(i) shall do so in accordance with any directions from time to time notified to that body in pursuance of paragraph (a); and

(ii) shall have regard to the desirability of the premises being made available for community use; and

(c) that, if reasonable notice is given in writing by the governing body to the controlling body that such of the premises subject to the agreement as may be specified in the notice are reasonably required for use by or in connection with the school at such times as may be so specified, then--

(i) the use of the specified premises at those times shall be under the control of the governing body, and

(ii) accordingly, those premises may be used at those times by or in connection with the school for such purposes as may be specified in the notice,

even though their use at those times would, apart from this paragraph, be under the control of the controlling body.

(4) Sub-paragraph (5) applies where a transfer of control agreement makes express provision for the use of any school premises which are subject to the agreement to be occasionally under the control of the governing body, instead of the controlling body, in such circumstances, at such times or for such purposes as may be provided by or under the agreement.

(5) In such a case paragraph (c) of sub-paragraph (3) shall not have effect in relation to the transfer of control agreement if, at the time of entering into it, the governing body were of the opinion that the express provision would be more favourable to the interests of the school than the term that would otherwise be included by virtue of that paragraph.

(6) Where the governing body enter into a transfer of control agreement, they shall so far as reasonably practicable secure that the controlling body exercises control in accordance with any such directions as are notified to that body in pursuance of sub-paragraph (3)(a).

(7) In this paragraph--

"the controlling body" means the body or person (other than the governing body) which has control of the use of the whole or any part of the school premises under the transfer of control agreement in question;
"transfer of control agreement" means an agreement which (subject to sub-paragraph (3)) provides for the use of so much of the school premises as may be specified in the agreement to be under the control, at such times as may be so specified, of such body or person as may be so specified.

Foundation and foundation special schools: general

3 (1) This paragraph applies to a foundation or foundation special school.

(2) The occupation and use of the premises of the school, both during and outside school hours, shall be under the control of the governing body, subject to--

(a) any transfer of control agreement entered into by the governing body under paragraph 4; and

(b) any requirements of an enactment other than this Act or regulations made under it.

(3) In exercising control of the occupation and use of the premises of the school outside school hours the governing body shall have regard to the desirability of those premises being made available for community use.

(4) Where the school has a trust deed which provides for any person other than the governing body to be entitled to control the occupation and use of the school premises to any extent, then, if and to the extent that (disregarding any transfer of control agreement made under paragraph 4) the use of those premises is or would be under the control of such a person--

(a) this paragraph, and

(b) paragraph 4,

shall have effect in relation to the school with the substitution of references to that person for references to the governing body.

Transfer of control agreement in case of foundation or foundation special school

4 (1) Subject to sub-paragraph (2), the governing body of any foundation or foundation special school shall have power to enter into a transfer of control agreement with any body or person if their purpose, or one of their purposes, in doing so is to promote community use of the whole or any part of the school premises; and--

(a) they may do so even though the school has a trust deed that would, apart from this sub-paragraph, expressly or impliedly preclude them from entering into such an agreement with that body or person or from conferring control on the controlling body in question; but

(b) they shall not enter into a transfer of control agreement unless the use to which the premises may be put under the agreement is in all other respects in conformity with any such requirements, prohibitions or restrictions imposed by any such trust deed as would apply if control were being exercised by the governing body.

(2) The governing body shall not enter into any transfer of control agreement which makes or includes provision for the use of the whole or any part of the school premises during school hours unless they have first obtained the Secretary of State's consent to the agreement in so far as it makes such provision.

(3) A transfer of control agreement shall be taken to include the following terms, namely--

(a) that the controlling body, in exercising control of the use of any premises subject to the agreement, shall have regard to the desirability of the premises being made available for community use; and

(b) that, if reasonable notice is given in writing by the governing body to the controlling body that such of the premises subject to the agreement as may be specified in the notice are reasonably required for use by or in connection with the school at such times as may be so specified, then--

(i) the use of the specified premises at those times shall be under the control of the governing body, and

(ii) accordingly, those premises may be used at those times by or in connection with the school for such purposes as may be specified in the notice,

even though their use at those times would, apart from this paragraph, be under the control of the controlling body.

(5) In such a case paragraph (b) of sub-paragraph (3) shall not have effect in relation to the transfer of control agreement if, at the time of entering into it, the governing body were of the opinion that the express provision would be more favourable to the interests of the school than the term that would otherwise be included by virtue of that paragraph.

(6) In this paragraph--

"the controlling body" means the body or person (other than the governing body) which has control of the use of the whole or any part of the school premises under the transfer of control agreement in question;
"transfer of control agreement" means an agreement which (subject to sub-paragraph (3)) provides for the use of so much of the school premises as may be specified in the agreement to be under the control, at such times as may be so specified, of such body or person as may be so specified.

Voluntary schools: general

5 (1) This paragraph applies to a voluntary school.

(2) The occupation and use of the premises of the school, both during and outside school hours, shall be under the control of the governing body, subject to--

(a) any directions given by the local education authority--

(i) (in the case of a voluntary controlled school) under sub-paragraph (3), or

(ii) (in the case of a voluntary aided school) under paragraph 7(3);

(b) any transfer of control agreement entered into by the governing body under paragraph 6; and

(3) The local education authority may give such directions as to the occupation and use of the premises of a voluntary controlled school as they think fit (subject to paragraph 7(1) and (2)).

(4) Where the trust deed for a voluntary school provides for any person other than the governing body to be entitled to control the occupation and use of the school premises to any extent, then, if and to the extent that (disregarding any transfer of control agreement made under paragraph 6) the use of those premises is or would be under the control of such a person--

(a) this paragraph, and

(b) paragraphs 6 and 7,

shall have effect in relation to the school with the substitution of references to that person for references to the governing body.

Transfer of control agreement in case of voluntary school

6 (1) Subject to sub-paragraph (2), the governing body of any voluntary school shall have power to enter into a transfer of control agreement with any body or person if their purpose, or one of their purposes, in doing so is to promote community use of the whole or any part of the school premises; and--

(a) they may do so even though the trust deed for the school would, apart from this sub-paragraph, expressly or impliedly preclude them from entering into such an agreement with that body or person or from conferring control on the controlling body in question; but

(b) they shall not enter into a transfer of control agreement unless the use to which the premises may be put under the agreement is in all other respects in conformity with any such requirements, prohibitions or restrictions imposed by the trust deed as would apply if control were being exercised by the governing body.

(3) A transfer of control agreement shall be taken to include the following terms, namely--

(a) that the governing body shall notify the controlling body of--

(i) any directions given to the governing body under paragraph 5(3) (in the case of a voluntary controlled school) or paragraph 7(3) (in the case of a voluntary aided school); and

(ii) any determination made by the foundation governors under paragraph 7(2) (in the case of a voluntary controlled school);

(b) that the controlling body, in exercising control of the use of any premises subject to the agreement--

(i) shall do so in accordance with any directions or determinations from time to time notified to that body in pursuance of paragraph (a); and

(ii) shall have regard to the desirability of the premises being made available for community use; and

(i) the use of the specified premises at those times shall be under the control of the governing body, and

(ii) accordingly, those premises may be used at those times by or in connection with the school for such purposes as may be specified in the notice,

even though their use at those times would, apart from this paragraph, be under the control of the controlling body.

(6) Where the governing body enter into a transfer of control agreement, they shall so far as reasonably practicable secure that the controlling body exercises control in accordance with any such directions or determinations as are notified to that body in pursuance of sub-paragraph (3)(a).

(7) In this paragraph--

"the controlling body" means the body or person (other than the governing body) which has control of the use of the whole or any part of the school premises under the transfer of control agreement in question;
"transfer of control agreement" means an agreement which (subject to sub-paragraph (3)) provides for the use of so much of the school premises as may be specified in the agreement to be under the control, at such times as may be so specified, of such body or person as may be so specified.

Control of use of premises of voluntary school outside school hours

7 (1) The governing body may determine the use to which the premises of a voluntary controlled school (or any part of them) are put on Saturdays when not required--

(a) for the purposes of the school, or

(b) for any purpose connected with education or with the welfare of the young for which the local education authority desire to provide accommodation on the premises (or on the part in question).

(2) The foundation governors may determine the use to which the premises of a voluntary controlled school (or any part of them) are put on Sundays.

(3) If the local education authority--

(a) desire to provide accommodation for any purpose connected with education or with the welfare of the young, and

(b) are satisfied that there is no suitable alternative accommodation in their area for that purpose,

they may direct the governing body of a voluntary aided school to provide accommodation free of charge for that purpose on the school premises (or any part of them) on any weekday when not needed for the purposes of the school.

(4) The local education authority shall not exercise their power under sub-paragraph (3) so as to direct the governing body to provide accommodation on more than three days in any week.

(5) In exercising control of the occupation and use of the premises of a voluntary school outside school hours the governing body shall have regard to the desirability of those premises being made available for community use.

Saving

8 The power of the governing body of a maintained school to control the occupation and use of the premises of the school shall be subject to any arrangements made under or by virtue of--

(a) an agreement made under paragraph 1 or 2 of Schedule 10 to the [1988 c. 40.] Education Reform Act 1988 or a determination made in accordance with paragraph 62 or 63 of Schedule 8 to the [1992 c. 13.] Further and Higher Education Act 1992; or

(b) an agreement made under paragraph 1 or 2 of Schedule 5 to the [1992 c. 13.] Further and Higher Education Act 1992 or a determination made in accordance with paragraph 3 or 4 of that Schedule.

Interpretation

9 In this Schedule--

"community use" means the use of school premises (when not required by or in connection with the school) by members of the local community;
"school hours" means any time during a school session or during a break between sessions on the same day;
"school session", in relation to any school, means a school session beginning and ending at such times as may from time to time be determined for that school in accordance with section 41.

Section 48.

SCHEDULE 14 Local education authority schemes: approval, imposition and revision

Approval or imposition of schemes by Secretary of State

1 (1) A scheme prepared by a local education authority under section 48(1) shall be submitted to the Secretary of State on or before such date as he may by order direct, whether--

(a) generally; or

(b) in relation to that authority or to any class or description of local education authorities to which that authority belongs.

(2) In preparing such a scheme a local education authority shall take into account any guidance given by the Secretary of State, whether--

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