Education (No. 2) Act 1986

4 Governing bodies for aided and special agreement schools

(1) This section applies in relation to any aided or special agreement school.

(2) The instrument of government for such a school shall provide for the governing body to include—

(a) at least one governor appointed by the local education authority;

(b) in the case of a school which is a primary school serving an area in which there is a minor authority, at least one governor appointed by the authority ;

(c) foundation governors;

(d) at least one parent governor ;

(e) in the case of a school which has less than 300 registered pupils, at least one teacher governor;

(f) in the case of a school which has 300 or more registered pupils, at least two teacher governors ; and

(g) the head teacher, unless he chooses not to be a governor.

(3) The instrument of government for such a school shall provide—

(a) for such number of foundation governors as will lead to their outnumbering the other governors—

(i) by two, if the governing body of the school will consist of eighteen or fewer governors ; and

(ii) by three, if it will consist of more than eighteen governors; and

(b) for at least one of the foundation governors to be (at the time of his appointment) a parent of a registered pupil at the school.

(4) Where the head teacher of such a school has chosen not to be a governor, he shall nevertheless be counted as one for the purposes of calculating the required number of foundation governors.

(5) Subject to subsection (3) above, nothing in this section shall be taken to prevent the instrument of government for such a school from providing for the governing body to include governors in addition to those required by virtue of this section.

(6) Where the head teacher is a governor he shall be treated for all purposes as being an ex officio governor.