Education Reform Act 1988 (c. 40)

(The document as of February, 2008)

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(i) the Secretary of State;

(ii) the governing body;

(iii) any committee or other body established in accordance with any provision made by virtue of subsection (4) above; and

(iv) any other persons specified in or determined under the articles;

and the delegation of such functions by those on whom by or under the articles they are imposed or conferred;

(b) with respect to arrangements for the admission of pupils to the school and the policy to be followed in deciding admissions;

(c) for securing the discharge by the governing body and the head teacher of duties imposed on them under Chapter I of this Part;

(d) with respect to arrangements for appeals, in such circumstances as may be provided by the articles, to an appeal committee constituted in accordance with the instrument of government against any decision or action taken by the governing body, or by any persons authorised under the articles to take any decision or action of the kind in question, in relation to--

(i) admissions of pupils to the school; or

(ii) the permanent exclusion of any pupil from the school;

and for enabling the governing body to make joint arrangements for that purpose with the governing body of one or more other grant-maintained schools;

(e) with respect to arrangements for the consideration and disposal of complaints relating to any matter concerning the curriculum followed within the school including, in particular, the discharge by the governing body of duties imposed on them under Chapter I of this Part;

(f) requiring the governing body to publish, for each school year, particulars of--

(i) the arrangements for the admission of pupils to the school; and

(ii) the procedures applicable under the articles and any further arrangements made by them in respect of appeals by parents against any such decision or action as is mentioned in paragraph (d) above in relation to the admission of pupils to the school;

(g) with respect to disciplinary rules and procedures applicable to members of the staff of the school and procedures for affording to them opportunities for seeking redress of any grievances relating to their employment;

(h) with respect to arrangements--

(i) for affording to any member of the staff an opportunity of making representations with respect to any proposal to dismiss him by the governing body or any persons authorised under the articles to dismiss him, including (if he so wishes) oral representations to such person or persons as may be appointed for the purpose;

(ii) for requiring the governing body or any such persons to have regard to any representations made by him before taking any decision to dismiss him; and

(iii) for affording to any member of staff whom it has been decided to dismiss an opportunity of appealing against that decision before any action is taken to implement it;

(i) requiring the governing body, when considering the content of the secular curriculum for the school, to have regard to any representations with regard to that curriculum--

(i) which are made to them by any persons connected with the community served by the school; or

(ii) which are made to them by the chief officer of police and are connected with his responsibilities;

(j) requiring the governing body--

(i) to prepare, once in every school year, a report in such form, and containing such information, as may be required by the articles; and

(ii) to take such steps as are reasonably practicable to secure that the parents of all registered pupils at the school and all persons employed at the school are given (free of charge) a copy of the report and that copies of the report are available for inspection (at all reasonable times and free of charge) at the school;

(k) requiring the governing body, subject to any exceptions provided for in the articles, to hold a meeting once in every school year which is open to--

(i) all parents of registered pupils at the school; and

(ii) such other persons as the governing body may invite; and

(l) with respect to--

(i) the procedure to be followed and the matters to be considered at any such meeting and the determination of any questions arising in connection with any such meeting; and

(ii) the taking by the governing body or any other persons of such action as may be required by the articles for the purposes of or in connection with the meeting or any resolutions passed at the meeting.

59 Instrument and articles of government: procedure

(1) The instrument and articles of government for a grant-maintained school may be varied or revoked by order of the Secretary of State.

(2) Before making, varying or revoking any instrument or articles of government for such a school, the Secretary of State shall consult the governing body of the school.

Procedure for acquisition of grant-maintained status

60 Initiation of procedure for acquisition of grant-maintained status

(1) Subject to subsection (5) below, in the case of any school which is eligible for grant-maintained status, a ballot of parents on the question of whether grant-maintained status should be sought for the school shall be held in accordance with section 61 of this Act if either--

(a) the governing body decide by a resolution passed at a meeting of that body ("W") to hold such a ballot and confirm that decision, after the consultations required by subsection (3) below, by a resolution ("W") passed at a subsequent meeting of the governing body held not less than twenty-eight days, nor more than forty-two days, after that at which the first resolution was passed; or

(b) they receive a written request to hold such a ballot which meets the requirements of subsection (2) below.

(2) Those requirements are that the request must be signed (or otherwise endorsed in such manner as the governing body may require) by a number of parents of registered pupils at the school equal to at least twenty per cent. of the number of registered pupils at the school on the date on which the request is received.

(3) Immediately following the passing of the first resolution the governing body shall consult--

(a) the local education authority by whom the school is maintained; and

(b) if the school is a voluntary school, the trustees of the school;

with respect to their decision to hold a ballot.

(4) Subject to subsection (5) below, on the passing of the second resolution required for the purposes of subsection (1)(a) above or (as the case may be) on receipt of any such request as is mentioned in subsection (1)(b) above, it shall be the duty of the governing body--

(a) to secure that a ballot is held in accordance with section 61 of this Act--

(i) within the period of three months beginning with the date of the second resolution; or

(ii) within the period of two months beginning with the date immediately following the period of twenty-eight days beginning with the date on which the request was received; and

(b) to give notice in writing that such a ballot is to be held to the local education authority by whom the school is maintained and also, if the school is a voluntary school, to the trustees of the school.

(5) Subsections (1) and (4) above shall not apply if in the case of the school in question a ballot has been held in accordance with section 61 of this Act within the period of twelve months ending with the date immediately preceding the date of the second resolution or (as the case may be) the date on which the request is received, unless the Secretary of State gives consent in writing for a new ballot to be held.

(6) A request such as is mentioned in subsection (1)(b) above shall be taken as having been received by a governing body if given or sent to the chairman of the governing body or to the clerk to the governing body.

(7) Subject to subsection (8) below, it shall be the duty of the governing body of any school which is eligible for grant-maintained status, at the request of any parent of a registered pupil at the school, to make available to the parent for inspection (at all reasonable times and free of charge) at the school, and to supply the parent with a copy of, a list containing the name and address of every person who is known to the governing body to be such a parent if the request is made--

(a) in connection with any proposal that a ballot should be held in accordance with section 61 of this Act; or

(b) where the governing body are under a duty by virtue of this section or section 61(8) of this Act to secure that such a ballot is held, in connection with the holding of the ballot.

(8) A governing body shall not disclose to a parent under subsection (7) above the name and address of any person who has requested the governing body in writing not to disclose that information under that subsection; and accordingly the name and address of that person shall be excluded from the list there mentioned.

(9) A governing body who in pursuance of subsection (7) above supply copies of the list there mentioned may charge such fee as they think fit (not exceeding the cost of supply) in respect of each copy so supplied.

(10) For the purposes of this section, it shall be for the governing body to determine any question whether a person is a parent of a registered pupil at the school.

61 Ballot of parents

(1) Where the governing body of any school are under a duty by virtue of section 60 of this Act to secure that a ballot is held in accordance with this section, they shall secure that all necessary arrangements for the ballot are made by such body as may be prescribed ("W").

(2) The arrangements shall provide for a secret postal ballot.

(3) It shall be the duty of the governing body to secure that the prescribed body take such steps as are reasonably practicable to secure that every person who is eligible to vote in the ballot is--

(a) given such information about the procedure for and consequences of acquisition of grant-maintained status for a school as may reasonably be expected to enable him to form a proper judgment as to whether or not such status should be sought for the school, including, in particular, the information required by subsection (4) below;

(b) informed that he is entitled to vote in the ballot; and

(4) The information referred to in subsection (3)(a) above is--

(a) a general explanation of the provisions of this Chapter relating to--

(i) the procedure for acquisition of grant-maintained status for a school;

(ii) the constitution and powers of the governing body of such a school; and

(iii) the conduct and funding of such a school;

(b) the number of teacher and first or (as the case may be) foundation governors that will be specified in any proposals for acquisition of grant-maintained status for the school if the result of the ballot is in favour of seeking such status;

(c) the names and addresses of the persons, so far as ascertained, who would be required by section 66 of this Act to be named in any such proposals required to be published under section 62 of this Act in respect of the school as at a specified date by reference to which the information required for the purposes of this paragraph was compiled for the purposes of the ballot;

(d) an explanation of the requirements applicable under this Chapter in any case where the determination of an initial governor of any elected category is pending (within the meaning of section 62) on the date of publication of any such proposals;

(e) an explanation of--

(i) the circumstances in which a person named in any such proposals as a proposed initial governor may be replaced under section 68 of this Act; and

(ii) the procedure applicable under this Chapter in each case in which such a replacement is required; and

(f) the date that will be included in any such proposals made in respect of the school if the result of the ballot is in favour of seeking grant-maintained status as the proposed date of implementation of the proposals.

(5) Where the governing body of any school are under a duty by virtue of section 60 of this Act to secure that a ballot is held in accordance with this section they shall make available to every person employed to work at the school for inspection (at all reasonable times and free of charge) at the school a document containing the information required by subsections (3)(a) and (4) above to be given to persons eligible to vote in the ballot.

(6) In determining the arrangements they require to be made by the prescribed body for the purposes of the ballot the governing body shall take into account any guidance given by the Secretary of State as to the arrangements he considers appropriate for ballots held in accordance with this section.

(7) The Secretary of State shall publish any guidance given by him for the purposes of this section in such manner as he thinks fit.

(8) Where in the case of any ballot held in respect of a school in accordance with this section other than one held by virtue of this subsection ("W") the total number of votes cast in the ballot by persons eligible to vote in the ballot is less than fifty per cent. of the number of persons so eligible, it shall be the duty of the governing body to secure that another ballot ("W") is held before the end of the period of fourteen days beginning with the date immediately following that on which the result of the first ballot is determined.

(9) In any case to which subsection (8) above applies--

(a) the result of the first ballot shall be disregarded for the purposes of section 62(1) of this Act; and

(b) subject to subsection (10) below, the provisions of this section shall apply as they apply in a case where the governing body of a school are under a duty by virtue of section 60 of this Act to secure that a ballot is held in accordance with this section.

(10) In any such case--

(a) those provisions shall apply with the omission of subsections (3)(a) and (4); and

(b) subsection (5) above shall be read as if the information there referred to were the information given for the purposes of the first ballot.

(11) If it appears to the Secretary of State--

(a) that any requirements of this section have been contravened in the case of any ballot held in purported compliance with this section;

(b) that the arrangements for any ballot so held did not accord with any guidance given by him for the purposes of this section; or

he may by notice in writing given to the governing body declare the ballot void and require that a fresh ballot be held in accordance with this section before such date as he may specify in the notice.

(12) Where a ballot is held in respect of a school in accordance with this section, the Secretary of State may pay, or reimburse the governing body of the school in respect of, the whole or any part of the expenses incurred by the governing body in respect of the ballot.

(13) The making of any payments under subsection (12) above shall be subject to such conditions as the Secretary of State thinks fit.

(14) For the purposes of this section, a person is eligible to vote in any ballot held in respect of a school in accordance with this section if he is--

(a) known to the governing body to be a parent of a registered pupil at the school; and

(b) named as a parent of such a pupil in the register kept in accordance with the requirements of the 1944 Act in the case of the school, as that register has effect on the date immediately following the end of the period of fourteen days beginning with the date on which the relevant resolution or request was passed or received by the governing body.

(15) For the purposes of paragraph (a) of subsection (14) above, it shall be for the governing body to determine any question whether a person is a parent of a registered pupil at the school; and in paragraph (b) of that subsection the reference to the relevant resolution or request is a reference to the resolution or request (mentioned in section 60(4) of this Act) by reference to which the ballot is required to be held or, where the ballot is a second ballot under subsection (8) above, by reference to which the first ballot was required to be held.

62 Proposals for acquisition of grant-maintained status

(1) This section applies where in the case of any school which is eligible for grant-maintained status the result of a ballot held in accordance with section 61 of this Act shows a simple majority of votes cast in the ballot by persons eligible to vote in the ballot (within the meaning of that section) in favour of seeking grant-maintained status for the school.

(2) It shall be the duty of the governing body of the school, before the end of the period of six months beginning with the date on which the result of the ballot is determined, to--

(a) publish proposals for acquisition of grant-maintained status for the school in accordance with section 63 of this Act or regulations made under that section and any notice with respect to the proposals for the time being required by that section or by such regulations; and

(b) submit to the Secretary of State a copy of the published proposals.

(3) Without prejudice to any specific duty imposed on them under any other provision of this Chapter, it shall be the duty of the governing body, within that period, to take such preparatory steps as may be reasonably required with a view to discharging their duty under subsection (2) above.

(4) Proposals published under this section may not be withdrawn except with the consent of the Secretary of State and subject to such conditions as he may impose (which may, in particular, require further proposals to be published under this section within such period as the Secretary of State may specify).

(5) There shall be annexed to the proposals a statement which shall--

(a) state the result of the ballot, giving the number of votes cast in favour of seeking grant-maintained status for the school and the number of votes cast against;

(b) state whether the school is a county, controlled, aided or special agreement school;

(d) state the number of pupils for whom accommodation can be provided at the school; and

(e) give such other information as may be prescribed;

and the statement so annexed shall be treated for the purposes of subsection (2) above as forming part of the proposals.

(6) The published proposals shall be accompanied by a statement which shall--

(a) describe the requirements of this Chapter with respect to the membership of the governing body of a grant-maintained school;

(b) if the determination of an initial governor of any elected category is pending on the date of publication of the proposals, explain the requirements applicable under this Chapter in any such case;

(c) state that the head teacher will be a governor of the school ex officio if the school becomes a grant-maintained school;

(d) explain--

(i) the circumstances in which a person named in the proposals in accordance with section 66 of this Act as a proposed initial governor may be replaced under section 68 of this Act; and

(ii) the procedure applicable under this Chapter in each case in which such a replacement is required;

(e) explain the effect of subsection (10) below; and

(f) give such other information as may be prescribed.

(7) The proposals shall--

(a) specify the number of initial teacher and first or foundation governors proposed for the initial governing body in accordance with section 64 of this Act;

(b) give the relevant particulars with respect to the persons required by section 66 of this Act to be named in the proposals as proposed initial governors;

(c) if the determination of an initial governor of any elected category is pending on the date of publication of the proposals, state that fact and refer to the explanation given in the statement accompanying the proposals in accordance with subsection (6)(b) above;

(d) give the name of the person who is the head teacher of the school on the date of publication of the proposals;

(e) give the name under which it is proposed that the initial governing body should be incorporated under this section (referred to below in this section as the proposed corporate name);

(f) describe the arrangements it is proposed to adopt, if the school becomes a grant-maintained school, with respect to--

(i) the admission of pupils to the school;

(ii) the provision to be made at the school for pupils who have special educational needs; and

(iii) the induction of newly qualified teachers at the school and the in-service training and professional development of teachers at the school; and

(g) specify the proposed date of implementation of the proposals.

(8) In giving the information required by subsection (7)(f)(i) above with respect to proposed admission arrangements, the proposals shall in particular specify the number of pupils intended to be admitted to the school in each relevant age group in the first school year beginning on or after the proposed date of implementation of the proposals.

(9) For the purposes of subsection (8) above--

(a) pupils intended to be admitted to the school for nursery education shall be disregarded; and

(b) pupils already so admitted intended to be transferred to a reception class at the school shall be treated as intended to be admitted to the school on their transfer.

(10) Before the end of the period of two months beginning with the date of publication of the proposals, any of the following may submit objections to the proposals to the Secretary of State--

(a) any ten or more local government electors;

(b) the trustees (if any) of the school concerned;

(d) any local education authority concerned.

(11) The Secretary of State--

(a) may reject any proposals under this section; or

(b) where a school in respect of which such proposals are made is eligible for grant-maintained status on the date of publication of the proposals, may approve them without modification or, after consultation with the existing governing body, approve them with such modifications as he thinks desirable.

(12) Where the Secretary of State rejects any proposals under this section in the case of a school which is eligible for grant-maintained status on the date of his determination, he may require the governing body of the school to publish further proposals under this section within such period as he may specify.

(13) Where the Secretary of State imposes any requirement under subsection (4) or (12) above the provisions of this section (with the exception of subsection (1)) shall apply as they apply in the case mentioned in subsection (1), but subject to the following modifications, that is to say--

(a) the reference in subsection (2) above to the period of six months beginning with the date on which the result of the ballot is determined shall be taken as a reference to the period specified by the Secretary of State for submission of the further proposals required; and

(b) the reference in subsection (5)(a) above to the ballot shall be read as referring to the last ballot held in accordance with section 61 of this Act in relation to the school before that requirement was imposed.

(14) If proposals in respect of any school published under this section are approved by the Secretary of State, the initial governing body constituted in accordance with the proposals shall on the proposed date of implementation of the proposals become a body corporate under the proposed corporate name.

(15) For the purposes of this section, the determination of an initial governor of an elected category is pending on the date of publication of any proposals under this section with respect to a school if--

(a) an election required under section 66 of this Act for determining a governor of any such category for the initial governing body; or

(b) an election or appointment required for filling any outstanding vacancy for a governor of any such category on the existing governing body which falls under that section to be taken into account in determining whether an election such as is mentioned in paragraph (a) above is required;

has not been held or made by that date.

(16) In this Chapter, "the relevant particulars" means, in relation to any person named as a proposed initial governor in any proposals under this section--

(a) his name and address;

(b) whether he is to be a parent, teacher, first or foundation governor;

(c) if he is to be a parent or teacher governor, the term of office that applies in his case under section 65 of this Act; and

(d) if he is to be a first or foundation governor, the term of office proposed for him in accordance with subsection (4) of that section or, in the case of a foundation governor who is to hold office ex officio, the fact that he is to do so.

63 Publication of proposals and notice with respect to proposals

(1) Where section 62 of this Act applies in the case of any school, the proposals for acquisition of grant-maintained status for the school shall for the purposes of subsection (2) of that section be published--

(a) by being posted at or near any main entrance to the school;

(b) by being posted in at least one conspicuous place within the area served by the school; and

(c) by being made available for inspection at all reasonable times at the school or at any other place within that area to which members of the public may conveniently have access.

(2) There shall be published in at least one newspaper circulating in that area a notice with respect to the proposals containing such summary of the proposals as the governing body may think appropriate including, in particular, the information required by subsection (3) below.

(3) A notice under subsection (2) above shall--

(a) state that proposals for acquisition of grant-maintained status have been published and submitted to the Secretary of State for approval;

(b) specify the proposed date of implementation of the proposals;

(i) cease to be maintained by the local education authority; and

(ii) be conducted by a newly constituted governing body and maintained by grants paid by the Secretary of State;

(d) give the information required to be specified in the proposals by section 62(7)(f)(i) of this Act;

(e) state where the proposals may be inspected; and

(f) explain the effect of section 62(10) of this Act.

(4) The Secretary of State may by regulations make such provision (whether by way of modification of, or substitution for, the provisions of subsections (1) to (3) above) as he considers appropriate with respect to--

(a) the publication of proposals for the acquisition of grant-maintained status; and

(b) the publication of such notice (if any) with respect to such proposals as may be prescribed.

(5) References in this section to proposals for acquisition of grant-maintained status include references to the statement required by section 62(5) of this Act to be annexed to the proposals.

64 Constitution of the initial governing body of a grant-maintained school

(1) The initial governing body of a grant-maintained school shall consist of--

(a) five parent governors;

(b) such number (not being less than one nor more than two) of teacher governors as may be specified in the proposals for acquisition of grant-maintained status for the school;

(d) either--

(i) in the case of a school which was a county school immediately before it became a grant-maintained school, such number of first governors as may be so specified; or

(ii) in the case of a school which was a voluntary school immediately before it became a grant-maintained school, such number of foundation governors as may be so specified.

(2) The number of first governors or foundation governors specified in the proposals for acquisition of grant-maintained status for a school shall be a number which secures that those governors outnumber the other governors.

(3) In the case of the initial governing body of a grant-maintained school, the first governors or (as the case may be) the foundation governors shall include at least two persons who on the date of publication of the proposals for acquisition of grant-maintained status are parents of a registered pupil at the school in respect of which the proposals are made.

(4) Where the initial governing body of such a school is required to include first governors, those governors shall include persons who appear to those selecting them under section 66 of this Act to be members of the local business community.

(5) In any provision of this Chapter relating to the initial governing body of a grant-maintained school--

"first governor" means a person selected under section 66 or nominated under section 68 of this Act who would qualify in accordance with section 53 of this Act for appointment as a first governor to the governing body as constituted in accordance with that section;
"foundation governor" means a person so selected or nominated for the purpose for which a foundation governor would be required in accordance with that section to be appointed to the governing body as so constituted;
"parent governor" means--
(a)
a person who, immediately before the incorporation date in relation to the grant-maintained school, is a parent governor (within the meaning of the 1986 Act) in relation to the school in respect of which the proposals for acquisition of grant-maintained status are made; or
(b)
a person elected under section 66 or elected or nominated under section 68 of this Act to hold office as a parent governor on the initial governing body; and
"teacher governor" means--
(a)
a person who, immediately before the incorporation date in relation to the grant-maintained school, is a teacher governor (within the meaning of the 1986 Act) in relation to the school in respect of which the proposals for acquisition of grant-maintained status are made; or
(b)
a person elected under section 66 or elected or nominated under section 68 of this Act to hold office as a teacher governor on the initial governing body.

65 Terms of office of initial governors

(1) A governor of an elected category on the initial governing body of a grant-maintained school who was a governor of that category on the governing body of the school immediately before the incorporation date in relation to the grant-maintained school shall hold office for the remainder of his term of office on the former governing body.

(2) A governor of an elected category on the initial governing body of any such school who was elected under section 66 or elected or nominated under section 68 of this Act to hold office as such shall hold office for a term of four years.

(3) A person may hold office as a foundation governor on the initial governing body of any such school ex officio; but a foundation governor who is a governor ex officio by virtue of this subsection shall cease to be a governor on the coming into force of an instrument of government for the school unless the office by virtue of which he is such a governor is named in the instrument by virtue of section 56(2)(a) of this Act.

(4) A first governor or foundation governor on the initial governing body of any such school, other than a foundation governor who is a governor ex officio, shall hold office for such term (not being less than five nor more than seven years) as may be specified as his proposed term of office in the proposals for acquisition of grant-maintained status for the school.

66 Determination of the initial governors

(1) This section applies to any school in respect of which proposals for acquisition of grant-maintained status are required to be published under section 62 of this Act.

(2) Where in the case of any such school the number of eligible governors of an elected category is the same as the number of governors of that category proposed for the initial governing body of the school, the eligible governors of that category shall be named in the proposals as the proposed initial governors of that category.

(3) Where in the case of any such school the number of eligible governors of an elected category is greater than the number of governors of that category so proposed, such of the eligible governors of that category as may before the date of publication of the proposals be determined by agreement between them or, in default of agreement, by drawing lots, shall be named in the proposals as the proposed initial governors of that category.

(4) It shall be the duty of the existing governing body of any such school to secure that the persons required to be named in the proposals in accordance with subsection (3) above are determined before the date of publication of the proposals.

(5) Where in the case of any such school the number (if any) of eligible governors of an elected category, together with the number (if any) of outstanding vacancies for governors of that category on the existing governing body, is less than the number of governors of that category proposed for the initial governing body of the school, it shall be the duty of the authority responsible for election arrangements under the 1986 Act in relation to the school to secure that such number of persons are elected to hold office on the initial governing body as governors of the category concerned as is required to make up the number of governors of that category so proposed.

(6) In any case to which subsection (5) above applies, the persons to be named in the proposals as the proposed initial governors of the category concerned shall be--

(a) any eligible governor of that category; and

(b) any person elected under this section to hold office as a governor of that category on the initial governing body before the date of publication of the proposals.

(7) In the case of any such school which is required to have first governors, the existing governing body shall before the date of publication of the proposals select the persons who are to be the first governors on the initial governing body; and the persons so selected shall be named in the proposals as the proposed initial first governors.

(8) In the case of any such school which is required to have foundation governors, the persons who are to be the foundation governors on the initial governing body shall be selected before that date by the person or persons named in the instrument of government relating to the existing governing body as being entitled to appoint foundation governors (within the meaning of the 1944 Act) to that governing body; and the persons so selected shall be named in the proposals as the proposed initial foundation governors.

(9) It shall be the duty of the existing governing body to secure that any selection required by subsection (8) above is carried out in accordance with that subsection.

67 Provisions supplementary to section 66

(1) Subject to subsection (2) below, where in the case of any school to which section 66 of this Act applies the members of the existing governing body include any person--

(a) who holds office as a governor of an elected category; and

(b) whose term of office is due to come to an end before the proposed date of implementation or at any time within the period of six months beginning with that date;

the governing body may by notice in writing to that person terminate his term of office on a date specified in the notice.

(2) The governing body may only terminate a person's term of office under this section if--

(a) his term of office is due to come to an end after the proposed date of publication of the proposals; or

(b) it would not in their view be reasonably practicable to fill the vacancy arising from the termination of his term of office by the procedure applicable under the 1986 Act in the time available between the date on which it is due to come to an end and the proposed date of publication of the proposals.

(3) Without prejudice to section 8(2) of the 1986 Act (instrument of government for county, controlled or maintained special school to provide for four year term of office for governors other than ex officio governors), the term of office of a person elected or appointed in accordance with the requirements of the 1986 Act and any requirements of the instrument of government of the school to fill a vacancy arising by virtue of subsection (1) above shall be four years.

(4) It shall be the duty of the authority responsible for election arrangements under the 1986 Act in relation to any school to which section 66 of this Act applies to secure that--

(a) any election or appointment required for filling any vacancy on the existing governing body occurring before the date of publication of the proposals (including any vacancy arising by virtue of subsection (1) above); and

(b) any election required by that section;

is held or made if possible before that date, and otherwise as soon as possible after that date.

(5) Where the selection of any person to be a foundation governor on the initial governing body of any such school falls in accordance with section 66(8) of this Act to be made by two or more persons, it shall be made by those persons acting jointly; and if those persons fail to agree on the selection, it shall be made by the Secretary of State or in accordance with any direction given by him.

(6) Before selecting, or giving any direction as to the selection of, a person to be a foundation governor on the initial governing body of any such school where religious education in accordance with the tenets of a particular religious denomination is given to any pupils in pursuance of section 27 or 28 of the 1944 Act (religious education at voluntary schools), the Secretary of State shall consult the persons appearing to him to be the appropriate authority of the denomination concerned.

68 Modification of proposed membership of initial governing body before incorporation

(1) This section applies where proposals for acquisition of grant-maintained status are pending in respect of any school.

(2) For the purposes of this Chapter, such proposals shall be regarded as pending in respect of any school at any time on or after the date of publication under section 62 of this Act of proposals for acquisition of grant-maintained status for the school--

(a) until either the proposals are withdrawn or the Secretary of State makes his determination with respect to the proposals; and

(b) where he approves the proposals, until the proposed date of implementation.

(3) Where a person named in the proposals as a proposed first or foundation governor--

(a) dies;

(b) becomes prospectively disqualified for holding office as such a governor on the initial governing body; or

the Secretary of State shall substitute for the particulars in the proposals relating to the former proposed governor the relevant particulars with respect to a person nominated by the existing governing body, where the former proposed governor was a proposed first governor, and by the foundation governors (within the meaning of the 1944 Act) on the existing governing body, where he was a proposed foundation governor.

(4) Where a person named in the proposals as a proposed governor of an elected category who was elected under section 66 of this Act or this section--

(a) dies;

(b) becomes prospectively disqualified for holding office as such a governor on the initial governing body; or

it shall be the duty of the authority responsible for election arrangements under the 1986 Act in relation to the school to secure that a person is elected to hold office on the initial governing body in place of the former proposed governor if it is reasonably practicable to do so in the time available before the proposed date of implementation.

(5) If in any case to which subsection (4) above applies the Secretary of State is satisfied that it would not be reasonably practicable to hold an election in accordance with that subsection in the time available, he shall substitute for the particulars in the proposals relating to the former proposed governor the relevant particulars with respect to a person nominated by the existing governing body.

(6) Where at any time a person named in the proposals as a proposed governor of an elected category who was so named by virtue of being an eligible governor of that category in relation to the school--

(a) ceases to hold office on the existing governing body;

(b) becomes prospectively disqualified for holding office as such a governor on the initial governing body; or

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