Education Act 1996

85 Sponsor governors for aided secondary schools

(1) The instrument of government for any secondary school which is an aided school shall, if a direction given by the Secretary of State under this section so requires—

(a) name as a sponsor of the school a person specified in the direction, and

(b) provide for the governing body of the school to include such number of governors appointed by the sponsor, not exceeding four, as is so specified.

(2) A direction under this section in respect of a school, other than one under subsection (4) or (5)—

(a) may only be given at the request, or with the consent, of the governing body, and

(b) may make provision (including the modification of any provision made by or under this Chapter) as to the time by which a new instrument of government is to be made and the consent and consultation which is to be required before it is made.

(3) A direction under this section varying or revoking a previous direction—

(a) may only be made after consulting the governing body, and

(b) may make provision (including the modification of any provision made by or under this Chapter) as to the time by which a new instrument of government is to be made and the consent and consultation which is to be required before it is made.

(4) Where proposals approved under section 43—

(a) provide for a secondary school to be maintained by the local education authority as a voluntary school, and

(b) name a person as a sponsor of the school, and

(c) provide for the governing body of the school to include a specified number of governors, not exceeding four, appointed by the sponsor,

the Secretary of State shall, if he makes an order under section 48 directing that the school shall be an aided school, give a direction under this section for the purpose of implementing the proposals.

(5) Where an order under section 54 directs that a secondary school shall be an aided school and the proposals published by the governing body under section 52—

(a) name a person as a sponsor of the school, and

(b) provide for the governing body of the school to include a specified number of governors, not exceeding four, appointed by the sponsor,

the Secretary of State shall give a direction under this section for the purpose of implementing the proposals.

(6) Where the instrument of government for any secondary school which is an aided school names two or more persons as sponsors of the school—

(a) the number of governors appointed under the instrument by virtue of this section may not exceed four, and

(b) the instrument may not provide for any of those governors to be appointed by two or more sponsors acting jointly.

(7) Where in pursuance of this section the instrument of government for a school names a person as a sponsor of the school, section 84(2) shall have effect as if it required the instrument to provide for such number of foundation governors as will lead to their outnumbering the other governors by two.

(8) In this section “direction” means a direction contained in an order made by the Secretary of State.