(1)For every county, voluntary and maintained special school there shall be an instrument (known as the instrument of government) providing for the constitution of the school’s governing body.
(2)The instrument of government shall be made by order of the local education authority.
(3)The instrument of government—
(a)shall contain such provisions as are required by this Chapter or by any other enactment; and
(b)shall not contain any provision which is inconsistent with any provision made by or under this Act or any other enactment.
(4)The instrument of government shall comply with any trust deed relating to the school.
(5)This section has effect subject to section 89 (grouping of two or more schools under a single governing body) and sections 96 and 97 (temporary governing body for new school pending constitution of its governing body).
Modifications etc. (not altering text)
C1S. 76 excluded (1.1.1999) by S.I. 1998/3097, reg.3
(1)Before making an order under section 76, a local education authority shall consult the governing body and the head teacher of the school concerned.
(2)Before making an order under section 76 in respect of a voluntary school, a local education authority shall also—
(a)secure the agreement of the governing body to the terms of the proposed order;
(b)secure the agreement of the foundation governors to any provisions which are of particular concern to those governors; and
(c)have regard to the way in which the school has been conducted.
(3)Where the governing body of a county, voluntary or maintained special school make a proposal to the local education authority for the alteration of the provision made by the instrument of government for the school, the authority shall consider their proposal.
(4)Where—
(a)the foundation governors of a voluntary school make a proposal to the local education authority for the alteration of the provision made by the instrument of government for the school, and
(b)the proposal relates solely to one or more matters which are of particular concern to those governors,
the authority shall consider their proposal.
(5)Where a local education authority—
(a)propose to make an order under section 76 but cannot secure any agreement required by subsection (2), or
(b)refuse, in the case of a voluntary school, to make such an order in response to a proposal of a kind mentioned in subsection (3) or (4),
the authority or (as the case may be) the governing body or foundation governors may refer the matter to the Secretary of State.
(6)On a reference to him under subsection (5), the Secretary of State shall give such direction as he thinks fit having regard, in particular, to the status of the school as a controlled, aided or (as the case may be) special agreement school.
(7)Where it appears to the Secretary of State—
(a)that an order, or proposed order, under section 76 is in any respect inconsistent with the provisions of any trust deed relating to the school concerned, and
(b)that it is expedient in the interests of the school that the provisions of the trust deed should be modified for the purpose of removing the inconsistency,
he may by order make such modifications in the trust deed as appear to him to be just and expedient for that purpose.
(8)References in this section to an order, or proposed order, under section 76 are references to an order, or proposed order, under that section embodying or varying an instrument of government.