- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Gwreiddiol (Fel y'i Deddfwyd)
Education Act 2002, Section 19 is up to date with all changes known to be in force on or before 20 April 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
(1)Each maintained school shall have a governing body, which shall be a body corporate constituted in accordance with regulations.
[F1(1A)Regulations must provide for a governing body of a maintained school in England to consist of—
(a)persons elected or appointed as parent governors,
(b)the head teacher of the school,
(c)a person elected as a staff governor,
(d)a person appointed as a local authority governor,
(e)in the case of a foundation school, a foundation special school or a voluntary school, persons appointed as foundation governors or partnership governors, and
(f)such other persons as may be prescribed.]
(2)Regulations shall provide for a governing body [F2of a maintained school in Wales] to consist of—
(a)persons elected or appointed as parent governors,
(b)persons elected or appointed as staff governors,
(c)persons appointed as [F3local authority] governors,
(d)except in the case of a voluntary aided school, persons appointed as community governors,
(e)in the case of a foundation schoolF4... or a voluntary school, persons appointed as foundation governors or partnership governors, and
(f)such other persons as may be prescribed.
(3)Regulations may make provision as to—
(a)the number of governors, or of governors falling within any category,
(b)the person or persons by whom, and the manner in which, governors are to be elected or appointed,
(c)eligibility for election or appointment as governors of any category, or for voting in an election of such governors,
(d)the term of office of governors,
(e)resignation or removal from office of governors,
(f)the payment of allowances to governors,
(g)meetings and proceedings of governing bodies,
(h)the election by the governors of a chairman and vice chairman of the governing body,
(i)the establishment by a governing body of committees,
(j)the appointment of persons other than governors to serve on committees of governing bodies,
(k)the delegation of functions by governing bodies, and
(l)other matters relating to the constitution or procedure of governing bodies.
(4)Regulations made by virtue of subsection (3)(a) must secure that the majority of the governors of a voluntary aided school are persons appointed as foundation governors.
[F5(4A)Regulations made by virtue of subsection (3)(c) in relation to a maintained school in England may include provision for eligibility criteria for the school's local authority governor to be such as may be specified by the school's governing body.
(4B)Regulations made by virtue of subsection (3)(e) in relation to a maintained school in England may include provision allowing the head teacher of the school to resign from office as a governor (and to withdraw any such resignation).]
(5)Subsection (3)(k) has effect subject to the provisions of any scheme under section 48 of the School Standards and Framework Act 1998 (c. 31) ( [F6local authorities]’ financial schemes) which relates to the school.
(6)Schedule 1 (which contains general provisions relating to the governing body as a body corporate) shall have effect.
(7)In discharging any function conferred by regulations under this section, a [F3local authority] or the governing body of a maintained school shall have regard to any guidance given from time to time—
(a)in relation to England, by the Secretary of State, or
(b)in relation to Wales, by the National Assembly for Wales.
(8)[F7In relation to maintained schools in England,] subsection (1) has effect subject to section 24; and regulations under this section may include provision with respect to the governing bodies of federations.
[F8(9)In relation to maintained schools in Wales, subsection (1) has effect subject to Chapter 1 of Part 2 of the Education (Wales) Measure 2011; and regulations under this section may include provision with respect to the governing bodies of federations (within the meaning of section 21(1) of that Measure).]
Textual Amendments
F1S. 19(1A) inserted (1.9.2012) by Education Act 2011 (c. 21), ss. 38(2), 82(3); S.I. 2012/1087, art. 3 (with art. 5)
F2Words in s. 19(2) inserted (1.9.2012) by Education Act 2011 (c. 21), ss. 38(3), 82(3); S.I. 2012/1087, art. 3 (with art. 5)
F3Words in Act substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 11(2)
F4Words in s. 19(2)(e) omitted (1.10.2013) by virtue of School Standards and Organisation (Wales) Act 2013 (anaw 1), s. 100(4), Sch. 5 para. 21(2); S.I. 2013/1800, art. 3(j)
F5S. 19(4A)(4B) inserted (1.9.2012) by Education Act 2011 (c. 21), ss. 38(4), 82(3); S.I. 2012/1087, art. 3 (with art. 5)
F6Words in Act substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 11(3)
F7Words in s. 19(8) inserted (28.4.2014) by Education (Wales) Measure 2011 (nawm 7), ss. 19(2)(a), 33(2); S.I. 2014/1066, art. 2
F8S. 19(9) inserted (28.4.2014) by Education (Wales) Measure 2011 (nawm 7), ss. 19(2)(b), 33(2); S.I. 2014/1066, art. 2
Modifications etc. (not altering text)
C1S. 19(1) excluded (31.3.2004) by The Blackburn with Darwen (Maintained Nursery School Governance) Order 2004 (S.I. 2004/657), arts. 1(1), 2(a)
C2S. 19(6) applied (1.2.2008) by The Education (Pupil Referral Units) (Application of Enactments) (England) Regulations 2007 (S.I. 2007/2979), reg. 1(1), Sch. 1 para. 11
Commencement Information
I1S. 19(1) in force at 1.9.2003 except in relation to W. by S.I. 2003/1667, art. 4 (with Sch. para. 4)
I2S. 19(1)-(5)(7) in force at 31.10.2005 for W. by S.I. 2005/2910, art. 4, Sch.
I3S. 19(2)-(5)(7) in force at 1.3.2003 except in relation to W. by S.I. 2003/124, art. 2
I4S. 19(6) in force at 1.10.2002 for E. by S.I. 2002/2439, art. 3 (with transitional provisions and savings in art. 4, Sch.)
I5S. 19(6) in force at 1.9.2003 for specified purposes for W. by S.I. 2003/1718, art. 5, Sch. Pt. II
I6S. 19(6) in force at 31.10.2005 for W. so far as not already in force by S.I. 2005/2910, art. 4, Sch.
I7S. 19(8) in force at 1.4.2003 for specified purposes except in relation to W. by S.I. 2003/124, art. 4
I8S. 19(8) in force at 1.9.2003 so far as not already in force except in relation to W. by S.I. 2003/1667, art. 4
I9S. 19(8) in force at 12.4.2010 for W. by S.I. 2010/707, art. 3(a)
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
Y Ddeddf Gyfan you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Y Ddeddf Gyfan heb Atodlenni you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Y Rhestrau you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Y Diweddaraf sydd Ar Gael (diwygiedig):Y fersiwn ddiweddaraf sydd ar gael o’r ddeddfwriaeth yn cynnwys newidiadau a wnaed gan ddeddfwriaeth ddilynol ac wedi eu gweithredu gan ein tîm golygyddol. Gellir gweld y newidiadau nad ydym wedi eu gweithredu i’r testun eto yn yr ardal ‘Newidiadau i Ddeddfwriaeth’.
Gwreiddiol (Fel y’i Deddfwyd neu y’i Gwnaed): Mae'r wreiddiol fersiwn y ddeddfwriaeth fel ag yr oedd pan gafodd ei deddfu neu eu gwneud. Ni wnaed unrhyw newidiadau i’r testun.
Rhychwant ddaearyddol: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Dangos Llinell Amser Newidiadau: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Testun a grëwyd gan yr adran o’r llywodraeth oedd yn gyfrifol am destun y Ddeddf i esbonio beth mae’r Ddeddf yn ceisio ei wneud ac i wneud y Ddeddf yn hygyrch i ddarllenwyr nad oes ganddynt gymhwyster cyfreithiol. Cyflwynwyd Nodiadau Esboniadol ym 1999 ac maent yn cyd-fynd â phob Deddf Gyhoeddus ac eithrio Deddfau Adfeddiannu, Cronfa Gyfunol, Cyllid a Chyfnerthiad.
Gallwch wneud defnydd o ddogfennau atodol hanfodol a gwybodaeth ar gyfer yr eitem ddeddfwriaeth o’r tab hwn. Yn ddibynnol ar yr eitem ddeddfwriaeth sydd i’w gweld, gallai hyn gynnwys:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Defnyddiwch y ddewislen hon i agor dogfennau hanfodol sy’n cyd-fynd â’r ddeddfwriaeth a gwybodaeth am yr eitem hon o ddeddfwriaeth. Gan ddibynnu ar yr eitem o ddeddfwriaeth sy’n cael ei gweld gall hyn gynnwys:
liciwch ‘Gweld Mwy’ neu ddewis ‘Rhagor o Adnoddau’ am wybodaeth ychwanegol gan gynnwys