Education Reform Act 1988 (c. 40)

(The document as of February, 2008)

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(a) "the initial pupil number" means, in relation to a financial year, the number of registered pupils at the school in question required under the scheme to be used in applying the allocation formula under the scheme for initial determination of the school's budget share for the year; and

(b) services are excepted services, in relation to a financial year, if expenditure on those services in that year is an excepted item of expenditure.

(6) After the end of each financial year the authority shall prepare a statement containing such information with respect to--

(a) expenditure actually incurred in that year for the purposes of all schools required to be covered by the scheme; and

(b) expenditure so incurred which was incurred, or is treated by the authority as having been incurred, for the purposes of each such school;

as may be prescribed.

(7) A statement prepared under this section shall be prepared in such form, and published in such manner and at such times, as may be prescribed.

(8) The authority shall furnish the governing body of each school required to be covered by the scheme in any financial year with a copy of each statement prepared by the authority under this section in relation to that year.

(9) The governing body of each such school shall secure that a copy of any such statement furnished to them under subsection (8) above is available for inspection (at all reasonable times and free of charge) at the school.

43 Application of schemes to special schools

(1) The Secretary of State may by regulations provide for requiring or authorising schemes--

(a) to cover special schools maintained by local education authorities; and

(b) to include provision, in the case of any such school which by virtue of any regulations made under paragraph (a) above is required or authorised to be covered by a scheme, for the delegation by the authority concerned of the management of the school's budget share for any financial year to the governing body of the school.

(2) Regulations under this section--

(a) may make in any provisions of this Chapter such amendments as appear to the Secretary of State to be required in consequence of any provision made in those regulations by virtue of subsection (1) above; and

(b) may provide that any scheme shall have effect with such modifications as appear to the Secretary of State to be appropriate in consequence of any provision so made.

Financial delegation: appointment and dismissal of staff

44 Staff employed by the local education authority

(1) This section applies to a county, controlled or special agreement school at any time when it has a delegated budget.

(2) None of the following shall have effect in relation to a school to which this section for the time being applies--

(a) sections 34 and 35 of the 1986 Act (determination of staff complement for schools by local education authority and general provisions about appointment and dismissal of staff);

(b) any provision made by the articles of government in accordance with any of sections 36 to 41 of that Act (procedure for appointments, suspensions and dismissals); and

(c) any provision of section 40 of that Act (appointment and dismissal of clerk to the governing body) other than subsection (5).

(3) Subject to the following provisions of this section--

(a) the appointment, suspension and dismissal of staff at a school to which this section for the time being applies and the determination of their duties, grading and remuneration; and

(b) the application in relation to such staff of--

(i) any disciplinary rules and procedures; and

(ii) any procedures for affording to them opportunities for seeking redress of any grievances relating to their employment;

shall be subject to Schedule 3 to this Act.

(4) Within the period of five years beginning with the date on which the financial year begins in which any county, controlled or special agreement school first has a delegated budget under a scheme, it shall be the duty of the local education authority concerned to amend the articles of government of the school so as to include a statement indicating that provisions made by the articles in accordance with any of sections 36 to 41 of the 1986 Act (specifying those provisions) are superseded by this section and Schedule 3 to this Act during any period when the school has a delegated budget.

(5) This section is subject to the provisions of sections 27 and 28 of the 1944 Act (which relate to religious education).

45 Staff at aided schools

(1) This section applies to an aided school at any time when it has a delegated budget.

(2) None of the following shall have effect in relation to a school to which this section for the time being applies--

(a) section 22(4) of the 1944 Act (power of local education authority to give directions to governors of aided school as to number and conditions of service of school maintenance staff); and

(b) any provision of the articles of government conferring any functions on a local education authority with respect to the number of teachers or other staff to be employed at the school or the appointment or dismissal of such teachers or other staff (including any such provision required by section 24(2) of that Act).

(3) Subject to any provision of the articles of government of any such school other than any provision for the time being excluded by subsection (2) above from applying to the school, the governing body of the school shall have (if they would not otherwise do so apart from any provision of the articles so excluded) power to appoint, suspend and dismiss staff as they think fit.

(4) Subsection (6) below applies if in the case of any such school--

(a) the governing body of the school agree with the local education authority to accord advisory rights to the chief education officer of the authority in relation to the appointment or dismissal of teachers at the school; or

(b) in default of such agreement the Secretary of State determines that it would be appropriate in the case of the school that such rights should be accorded to the chief education officer of the authority.

(5) Advisory rights accorded by an agreement or determination under subsection (4) above in the case of any school may relate to the appointment or dismissal, or both to the appointment and the dismissal, either of head teachers and deputy head teachers alone or of all teachers at the school.

(6) During any period while an agreement or determination under subsection (4) above is effective in the case of any school, the chief education officer of the authority, or an officer of the authority nominated by him, shall be entitled to attend all proceedings of the governing body relating to any action to which the advisory rights accorded to him extend (including interviews) for the purpose of giving advice to the governing body.

(7) The agreement of a governing body for the purposes of subsection (4)(a) above shall be given in writing and may only be withdrawn by notice in writing to the local education authority.

(8) A determination by the Secretary of State for the purposes of subsection (4)(b) above may be withdrawn at any time (without prejudice to a further determination for those purposes).

(9) The governing body of a school to which this section for the time being applies shall, on dismissing any member of the staff of the school employed by them, notify the local education authority in writing of the reasons for the dismissal.

(10) Where any member of the staff at any such school is employed by the local education authority, paragraphs 8 to 10 of Schedule 3 to this Act shall have effect in relation to his dismissal or withdrawal from the school as they have effect in relation to the dismissal or withdrawal from a school to which section 44 of this Act applies of a person employed to work at the school.

(11) Within the period of five years beginning with the date on which the financial year begins in which any aided school first has a delegated budget under a scheme, it shall be the duty of the local education authority concerned to amend the articles of government of the school so as to include a statement indicating that provisions of the articles of a kind mentioned in subsection (2)(b) above (specifying those provisions) are superseded by this section during any period when the school has a delegated budget.

46 Staff: further provisions

(1) The Secretary of State may by order amend paragraph (a) of section 3(5) of the [1987 c. 1.] Teachers' Pay and Conditions Act 1987 (order regulating remuneration and conditions of employment of teachers may confer discretion on the local education authority with respect to any matter) so as to provide for any discretion conferred on a local education authority by virtue of that paragraph to be exercisable instead by the governing body of any school to which section 44 or 45 of this Act for the time being applies.

(2) Subject to subsection (3) below, it shall be for the governing body of any such school to determine--

(a) whether any payment should be made by the local education authority concerned in respect of the dismissal, or for the purpose of securing the resignation, of any member of the staff of the school; and

(b) the amount of any such payment.

(3) Subsection (2) above does not apply in relation to any payment which the authority are required to make--

(a) by virtue of any contract other than one made in contemplation of the impending dismissal or resignation of the member of staff concerned; or

(b) under any statutory provision.

(4) The local education authority concerned--

(a) shall take such steps as may be required for giving effect to any determination of the governing body of any such school under subsection (2) above; and

(b) shall not make, or agree to make, any payment to which that subsection applies in respect of the dismissal, or for the purpose of securing the resignation, of any member of the staff of any such school otherwise than in accordance with any such determination.

(5) Costs incurred by the local education authority concerned in respect of the dismissal or premature retirement, or for the purpose of securing the resignation, of any member of the staff of any such school shall not be met from the school's budget share for any financial year except in so far as the authority have good reason for deducting those costs, or any part of those costs, from that share.

(6) The fact that the authority have a policy precluding dismissal of their employees by reason of redundancy is not to be regarded as a good reason for the purposes of subsection (5) above.

47 Community Schools

(1) This section applies to any school to which section 44 or 45 of this Act for the time being applies which is a community school.

(2) For the purposes of this section, a school is a community school if--

(a) activities other than school activities ("W") are carried on on the school premises; and

(b) all non-school activities which are so carried on are carried on under the management or control of the governing body of the school.

(3) A scheme may provide for applying sections 44(3), 45(10) and 46 of and Schedule 3 to this Act in relation to persons employed to work--

(a) partly for the purposes of school activities and partly for the purposes of non-school activities carried on on the premises of a school to which this section applies; or

(b) solely for the purposes of non-school activities so carried on;

as if all activities so carried on were school activities.

Miscellaneous and supplementary

48 New schools

(1) Schedule 4 to this Act has effect for the purpose of applying the provisions of this Chapter and Schedule 3 to this Act in relation to new schools which have temporary governing bodies.

(2) In this section and in Schedule 4 to this Act--

"new school" and "relevant proposal" have the same meanings respectively as in Schedule 2 to the 1986 Act (where "new school" covers both a school proposed to be established which will on implementation of the relevant proposal be maintained by a local education authority and a school which will be so maintained on the implementation in relation to an existing school of the relevant proposal); and
"temporary governing body" means a temporary governing body constituted for a new school under an arrangement made under section 12 of that Act (excluding such a governing body who fall by virtue of paragraph 3(5) of that Schedule to be treated as if they were the governing body constituted under the provisions of that Act that apply following the implementation of the relevant proposal).

49 Required financial delegation apart from schemes

(1) In respect of any period during which any county, voluntary or special school maintained by a local education authority does not have a delegated budget it shall be the duty of the authority to make available a sum of money which the governing body of the school are to be entitled to spend at their discretion during that period (but subject to subsection (2) below) on books, equipment, stationery and such other heads of expenditure (if any) as the authority may specify or as may be prescribed.

(2) A governing body to whom any sum is made available under this section--

(a) shall comply in spending that sum with such reasonable conditions as the authority think fit to impose; and

(b) may delegate to the head teacher, to such extent as they may specify, their powers in relation to that sum.

(3) Before making any regulations for the purposes of subsection (1) above, the Secretary of State shall consult such associations of local authorities as appear to him to be concerned and any local authority with whom consultation appears to him to be desirable.

50 Financial statements in respect of schools not covered by statements under section 42

(1) Every local education authority shall prepare a statement under subsection (5) below in respect of any financial year before the first financial year in respect of which the authority are required to prepare a statement under section 42 of this Act (including the financial year current at the time when this section comes into force).

(2) Subject to subsection (3) below, every local education authority who maintain one or more special schools during the whole or any part of any financial year after the last financial year to which subsection (1) above applies shall prepare a statement under subsection (5) below in respect of that financial year.

(3) Subsection (2) above shall not apply in relation to such an authority in respect of any financial year in respect of which the authority are required to prepare a statement under section 42 of this Act which, by virtue of any provision made by regulations under section 43 of this Act, is required to include information with respect to the special school or (as the case may be) with respect to each of the special schools concerned.

(4) The schools required to be covered by a statement prepared by a local education authority under subsection (5) below in respect of any financial year are--

(a) in the case of a statement required by subsection (1) above, any county, voluntary or special school maintained by the authority during the whole or any part of that year; and

(b) in the case of a statement required by subsection (2) above, any special school so maintained other than one in respect of which, by virtue of any provision so made, any information is required to be included in a statement prepared by the authority in respect of that year under section 42 of this Act.

(5) The statement shall give the following particulars with respect to the financial provision initially planned by the authority in respect of the financial year to which the statement relates for the schools required to be covered by the statement--

(a) the initial amount appropriated for meeting expenditure in that year in respect of all such schools;

(b) the amount remaining (referred to below in this section as the general expenditure amount) after deducting from the amount specified in the statement by virtue of paragraph (a) above the aggregate amount of the initial amounts so appropriated in respect of--

(i) expenditure of a capital nature;

(ii) expenditure in respect of the repayment of the principal of, the payment of interest on and the discharge of any other financial obligation in connection with any loan raised to meet expenditure of a capital nature; and

(iii) expenditure of such other descriptions as may be prescribed;

(d) in the case of each such school, the share of--

(i) the general expenditure amount; and

(ii) such of the amounts so deducted by virtue of paragraph (b)(iii) above as may be prescribed;

which is appropriated by the authority for meeting expenditure for the purposes of the school;

(e) in the case of each such school, the amount of any expenditure of a capital nature initially planned for the purposes of the school;

(f) such particulars of the basis on which the authority determine the share of each such school for the purposes of the information required to be included in the statement under paragraph (d) above as may be prescribed; and

(g) such further information with respect to the financial provision initially planned by the authority for the schools required to be covered by the statement as may be prescribed.

(6) After the end of each financial year in respect of which a local education authority are required to prepare a statement under subsection (5) above the authority shall prepare a statement containing such information with respect to--

(a) expenditure actually incurred in that year for the purposes of all schools required to be covered by the statement under subsection (5); and

(b) expenditure so incurred which was incurred, or is treated by the authority as having been incurred, for the purposes of each such school;

as may be prescribed.

(7) Each statement prepared under this section in respect of any financial year shall be prepared in such form, and published in such manner and at such times, as may be prescribed.

(8) The authority shall furnish the governing body of any school required to be covered by a statement prepared under subsection (5) above in respect of any financial year with a copy of each statement prepared by the authority under this section in relation to that year.

(9) A governing body to whom a copy of any such statement is furnished under subsection (8) above shall secure that a copy of the statement is available for inspection (at all reasonable times and free of charge) at the school.

(10) Where only one school is required to be covered by a statement prepared under subsection (5) above--

(a) references in this section to all schools required to be so covered shall be read as references to the school in question;

(b) that subsection shall apply with the omission of paragraphs (d) to (f); and

51 Interpretation of Chapter III and supplementary and consequential provisions

(1) In this Chapter--

"expenditure of a capital nature" means, in relation to a local education authority, expenditure treated by that authority as expenditure of a capital nature; and
"governors' report" means, in relation to the governing body of any school to which section 30 of the 1986 Act applies, the report they are required to prepare by virtue of that section.

(2) In this Chapter--

(a) references to a scheme are references--

(i) to a scheme made by a local education authority under section 33 of this Act; and

(ii) in a context referring to a particular local education authority, to a scheme so made by that authority;

(b) references to a school's budget share for any financial year--

(i) shall be read in accordance with subsection (2)(a) of that section; and

(ii) include references to that share as from time to time revised in accordance with the scheme under which it is determined;

(c) references to the general schools budget of a local education authority shall be read in accordance with subsection (4)(a) of that section;

(d) references to the aggregated budget of a local education authority shall be read in accordance with subsection (4)(b) of that section;

(e) references to excepted heads or items of expenditure shall be read in accordance with subsection (4)(b)(i) of that section;

(f) references to a school in respect of which financial delegation is required for any financial year shall be read in accordance with subsection (6)(a) of that section;

(g) references to a school which has a delegated budget shall be read in accordance with subsection (6)(b) of that section;

(h) references, in relation to a scheme, to excluded expenditure under the scheme shall be read in accordance with subsection (6)(c) of that section; and

(i) references to the delegation requirement under a scheme shall be read in accordance with section 39(4).

(3) During any period when a school has a delegated budget under any scheme any provisions of the articles of government of the school which are inconsistent with the operation during that period of any provisions of this Chapter or of the scheme shall be of no effect to the extent of that inconsistency.

This subsection does not apply to any provision of the articles of government such as is referred to in section 44(2)(b) or 45(2)(b) of this Act (in relation to which provision corresponding to that made by subsections (4) and (5) below is made by sections 44(4) and 45(11) respectively).

(4) Within the period of five years beginning with the date on which the financial year begins in which any school first has a delegated budget under a scheme, it shall be the duty of the local education authority concerned, if the articles of government of the school contain any provision to which subsection (3) above applies, to amend the articles so as to include in relation to that provision or (as the case may be) in relation to each such provision contained in the articles the statement required by subsection (5) below.

(5) The statement shall specify--

(a) the provision or provisions of the articles in question;

(b) the provision of this Chapter or of the scheme (the "W") with the operation of which any provision of the articles specified under paragraph (a) above is inconsistent; and

and shall indicate that, during any period when the school has a delegated budget, any provision of the articles so specified is superseded by the overriding provision to the extent that it is inconsistent with it.

(6) Any amendment of the articles of government of a school required by section 44(4) or 45(11) of this Act or by subsection (4) above shall be made by order under section 1 of the 1986 Act; but section 2 of that Act shall not apply in relation to any order made under section 1 by virtue of this subsection.

(7) It shall be for the Secretary of State to determine any question arising under a scheme as to whether a primary school required to be covered by the scheme is within the delegation requirement under the scheme.

(8) Section 29 of the 1986 Act (which requires provisions to be contained in articles of government of schools with respect to financial statements and financial delegation and is superseded by the provisions of this Chapter), and any provision included in the articles of government of any school by virtue of that section, shall cease to have effect.

(9) In section 30(2)(h) of that Act (financial statement to be included in governors' annual report to parents), for sub-paragraphs (i) and (ii) there shall be substituted the following sub-paragraphs--

" (i) reproducing or summarising any financial statement of which a copy has been furnished to the governing body by the authority under section 42 or 50 of the Education Reform Act 1988 since the last governors' report was prepared;

(ii) indicating, in general terms, how any sum made available to the governing body by the authority in respect of the school's budget share within the meaning of Chapter III of Part I of that Act or under section 49 of that Act in the period covered by the report was used; " .

Chapter IV Grant-Maintained Schools

Duty of Secretary of State to maintain certain schools

52 Duty of Secretary of State to maintain certain schools

(1) Subject to the provisions of this Chapter, and the granting of approval to proposals submitted under section 62(2) below in accordance with the provisions of that section, it shall be the duty of the Secretary of State to maintain any school conducted by a governing body incorporated under this Chapter for the purpose of conducting the school.

(2) For the purposes of this Chapter, the duty of the Secretary of State to maintain a school is a duty to make such payments in respect of the expenses of maintaining the school as are required by the following provisions of this Chapter.

(3) A school to which the Secretary of State's duty under this section for the time being applies shall be known as a grant-maintained school.

(4) This Chapter provides for the incorporation of a governing body constituted in accordance with this Chapter for the purpose of conducting any school if--

(a) proposals for that purpose (referred to below in this Chapter, in relation to a school, as proposals for acquisition of grant-maintained status) are published as required under this Chapter;

(b) the school is eligible for grant-maintained status on the date of publication of the proposals; and

(5) Subject to the following provisions of this section, any county or voluntary school is for the purposes of this Chapter eligible for grant-maintained status.

(6) A primary school which has less than three hundred registered pupils is not so eligible.

(7) The Secretary of State may by order--

(a) amend subsection (6) above by substituting a lower number for the number mentioned in that subsection (including any number previously substituted by an order under this paragraph); or

(b) provide for all primary schools which are county or voluntary schools to be eligible for grant-maintained status;

and in the latter case the order may make such consequential repeals in the provisions of this section as appear to the Secretary of State to be required.

(8) A county or voluntary school is not eligible for grant-maintained status for the purposes of this Chapter if proposals by the local education authority to cease to maintain the school have been published under section 12(1)(c) of the 1980 Act and either--

(a) the proposals have been approved by the Secretary of State under that section; or

(b) where the proposals do not require the approval of the Secretary of State, the local education authority have determined to implement them and notified the Secretary of State of their determination in accordance with subsection (8) of that section.

(9) A voluntary school is not eligible for grant-maintained status for the purposes of this Chapter if notice of the governors' intention to discontinue the school has been served under section 14 of the 1944 Act and has not been withdrawn.

Government, powers and conduct

53 Constitution of the governing body of a grant-maintained school

(1) For every grant-maintained school there shall be an instrument providing for the constitution of the governing body incorporated under this Chapter for the purpose of conducting the school (to be known as the instrument of government).

(2) The instrument of government shall be made by order of the Secretary of State.

(3) The instrument of government shall comply with any trust deed relating to the school.

(4) The instrument of government for a grant-maintained school shall provide for the governing body to include--

(a) five parent governors;

(b) at least one but not more than two teacher governors;

(d) either--

(i) in the case of a school which was a county school immediately before it became a grant-maintained school, first governors; or

(ii) in the case of a school which was a voluntary school immediately before it became a grant-maintained school, foundation governors.

(5) The instrument of government for a grant-maintained school shall provide--

(a) for a number of first or (as the case may require) foundation governors which will secure that they outnumber the other governors; and

(b) for at least two of those governors to be (on the date or dates on which they respectively take office) parents of a registered pupil at the school.

(6) The instrument of government for such a school shall provide--

(a) for the Secretary of State to have power to appoint not more than two additional governors if it appears to him that the governing body of the school are not adequately carrying out their responsibilities with respect to the conduct or management of the school; and

(b) for the appropriate appointing authority to have power, during any period when any additional governors appointed by the Secretary of State by virtue of paragraph (a) above are in office, to appoint a number of additional first or foundation governors not greater than the number of additional governors appointed by the Secretary of State who are then in office.

In paragraph (b) above "the appropriate appointing authority" means, in relation to first governors, the governing body and, in relation to foundation governors, the person entitled to appoint the foundation governors on the governing body or, if more than one person is so entitled, the persons so entitled acting jointly.

(7) The instrument of government for such a school which is required to have first governors shall provide for the Secretary of State to have power to make such provision as he thinks fit for filling vacancies for such governors if it appears to him that the governing body are unable or unwilling to fill the vacancies.

(8) Subject to section 64 of this Act (which provides for the constitution of the governing body of such a school on initial incorporation of that body under this Chapter), in this Chapter--

"first governor", in relation to any such school, means a person of the kind mentioned in subsection (9) below who is appointed to be a member of the governing body of the school by the governing body;
"foundation governor", in relation to any such school, means a person appointed otherwise than by a local education authority for the purpose of securing, so far as practicable, that the established character of the school at the time when it becomes a grant-maintained school is preserved and developed and, in particular, that the school is conducted in accordance with the provisions of any trust deed relating to it;
"parent governor", in relation to any such school, means (subject to section 54 of this Act) a person who is elected as a member of the governing body of the school by parents of registered pupils at the school and who is himself such a parent at the time when he is elected; and
"teacher governor", in relation to any suchschool, means a person who is elected as a member of the governing body of the school by teachers at the school and who is himself such a teacher at the time when he is elected.

(9) The kind of person who may be appointed as a first governor of a grant-maintained school is a person appearing to the persons appointing him to be a member of the local community who is committed to the good government and continuing viability of the school.

(10) In the case of a school which is required to have first governors, the instrument of government shall provide for it to be the duty of the governing body, in appointing such governors, to secure that those governors include persons appearing to them to be members of the local business community.

(11) The governing body of a grant-maintained school as first constituted in accordance with section 64 of this Act is referred to below in this Chapter, in relation to the school, as the initial governing body in any case where different provision is made in relation to the governing body as first so constituted from the provision made in relation to the governing body as constituted in accordance with this section.

(12) Accordingly, except where reference is specifically made to the initial governing body or to the governing body as constituted in accordance with this section, references in this Chapter to the governing body of such a school are references to the governing body whether constituted in accordance with that section or this section.

54 Appointment of parent governors by the governing body

(1) The instrument of government for every grant-maintained school shall provide for the required number of parent governors to be made up by parent governors appointed by the other members of the governing body 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.

(2) The instrument of government for every such school shall provide for it to be the duty of governors, in appointing any parent governor under any provision made by virtue of this section--

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

(b) where it is not, to appoint a person who is the parent of one or more children of compulsory school age.

55 Proceedings of the governing body and allowances to members

(1) The proceedings of the governing body of a grant-maintained school shall not be invalidated by--

(a) any vacancy among their number; or

(b) any defect in the election or appointment of any governor.

(2) Subject to the provisions of this Chapter and any instrument made under this Chapter, the governing body of a grant-maintained school may regulate their own procedure.

(3) The instrument of government for any grant-maintained school may make provision as to the meetings and proceedings of the governing body.

(4) The provision that may be made by virtue of subsection (3) above 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 functions of the governing body in such circumstances as may be specified in the instrument of government to committees established by that body or to any member of that body;

(d) as to the procedure (including any quorum) when business is transacted by governors of a particular category; and

(e) as to the procedure forr the election of members of the governing body and for the determination of any questions arising in connection with, or matters relating to, any such elections;

and the provision mentioned in paragraph (b) above may provide for a committee to include persons who are not members of the governing body.

(5) The governing body of a grant-maintained school shall have power to 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.

(6) Any scheme made under subsection (5) above may be varied or revoked by a subsequent scheme so made.

(7) The application of the seal of the governing body of a grant-maintained school shall be authenticated by the signature of the chairman of the governing body or of some other member authorised either generally or specially by the governing body to act for that purpose together with that of any other member.

(8) Every document purporting to be an instrument made or issued by or on behalf of the governing body of any such school and to be duly executed under the seal of the governing body, or 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.

56 Governors' tenure of office

(1) The instrument of government for every grant-maintained school shall provide for each governor of an elected category to hold office for a term of four years.

(2) Subject to subsection (3) below, the instrument of government for every such school which is required to have foundation governors--

(a) may provide for any foundation governorship to be held ex officio by the holder of an office named in the instrument; and

(b) shall name the person or persons (if any) who are entitled to appoint any foundation governor.

(3) An additional foundation governor appointed by virtue of provision made in the instrument of government in accordance with section 53(6)(b) of this Act may not be appointed to hold office ex officio.

(4) Subject to subsection (5) below, the instrument of government for every grant-maintained school shall provide for each first governor or (as the case may be) for each foundation governor other than one who is a governor ex officio to hold office for such term (not being less than five nor more than seven years) as may be specified in the instrument of government.

(5) The term of office of any additional first or foundation governor appointed by virtue of provision made in the instrument of government in accordance with section 53(6)(b) of this Act shall be such term (not being more than five years) as may be specified in the terms of that governor's appointment.

(6) The preceding provisions of this section shall not be taken to prevent a governor from being elected or appointed for a further term, or from being disqualified, by virtue of subsection (8) below or any provision made by virtue of subsection (9) below, for continuing to hold office.

(7) Any governor of a grant-maintained school may at any time resign his office.

(8) A person who is a member of the teaching or other staff at a grant-maintained school which is required to have first governors shall be disqualified for holding office as such a governor on the governing body of that school.

(9) The instrument of government for a grant-maintained school may make provision as to the circumstances in which persons are to be disqualified for holding office as governors of the school.

(10) Any foundation governor of a grant-maintained school may be removed from office by the person or persons who appointed him.

57 Powers of the governing body

(1) The governing body of a grant-maintained school shall have power to conduct a school of the same description, subject to any changes authorised under section 89 or 91 of this Act, as the school immediately before it became a grant-maintained school.

(2) The school conducted by the governing body of a grant-maintained school shall be regarded for the purposes of subsection (1) above as remaining of the same description as the school immediately before it became a grant-maintained school if no changes are made in the character or premises of the school which require to be authorised under either of those sections.

(3) Subject to subsection (4) below and to any provision made by the instrument or articles of government of the school, the governing body of such a school shall have power to do anything which appears to them to be necessary or expedient for the purpose of or in connection with the conduct of the school as for the time being constituted, including in particular power--

(a) to assume the conduct as from the incorporation date in relation to the school of the school as constituted immediately before that date, and for that purpose to receive any property, rights and liabilities transferred to the governing body under section 74 of this Act;

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

(d) to invest any sums not immediately required for the purposes of meeting the expenses of conducting the school or any liability transferred to the governing body under section 74 of this Act; and

(e) to accept gifts of money, land or other property and apply it, or hold and administer it on trust, for any such purposes.

(4) Subsection (3) above does not confer power to borrow money; and the power under paragraph (b) of that subsection to dispose of land--

(a) does not include power to grant any mortgage, charge or other security in respect of any land; and

(b) may only be exercised with the written consent of the Secretary of State.

(5) Without prejudice to subsection (3) above, but subject to any provision made by the instrument or articles of government of the school, the governing body of a grant-maintained school shall also have power to provide education at the school which is neither primary nor secondary education, provided that they do so as agents for a local education authority under arrangements made with the authority for the purpose.

58 Articles of government

(1) For every grant-maintained school there shall be an instrument in accordance with which the school is to be conducted (to be known as the articles of government).

(2) The articles of government shall be made by order of the Secretary of State.

(3) The articles of government shall comply with any trust deed relating to the school.

(4) The articles of government for a grant-maintained school may include provision as to the establishment by the governing body of committees or other bodies of persons for the purpose of or in connection with the performance in relation to the school of such functions as may be determined by or under the articles.

(5) The articles of government for a grant-maintained school shall include in particular provision--

(a) with respect to the functions to be exercised in relation to the school by--

(i) the Secretary of State;

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