Education Act 1993

Disqualification for, tenure of and removal from office

3 A person who is a member of the teaching or other staff at a school which is required to have first governors shall be disqualified for holding office as such a governor on the governing body.

4 The instrument for a school may make provision as to the circumstances in which persons are to be disqualified for holding office as members of the governing body.

5 Subject to paragraph 10 below, the instrument for a school must provide for each governor of an elected category to hold office for a term of four years.

6 (1) Subject to paragraph 10 below, the instrument for a school must make the following provision for the term of office of—

(a) first or, as the case may be, foundation governors, other than a foundation governor who is a governor ex officio, and

(b) where there are sponsor governors, those governors.

(2) Except where sub-paragraph (3), (4) or (5) below applies, such a governor is to hold office for such term (not being less than five nor more than seven years) as may be specified in the instrument.

(3) The initial instrument must provide, except where sub-paragraph (4) or (5) below applies—

(a) subject to paragraph (b) below, for such a governor to hold office for such term as was specified in the proposals for acquisition of grant-maintained status or, as the case may be, the proposals for the establishment of a new grant-maintained school as the proposed term of office for initial governors of the category in question, and

(b) in the case of a governing body incorporated in pursuance of proposals for the establishment of a new grant-maintained school which name a person as a sponsor of the school, for any sponsor governor to hold office for such term as was specified as the proposed term of office for such governors in those proposals.

(4) Any additional first or foundation governor appointed in pursuance of provision made in the instrument by virtue of section 67(2) of this Act is to hold office for such term (not being more than five years) as may be specified in the terms of that governor’s appointment.

(5) Any first governor appointed in pursuance of provision made in the instrument by virtue of section 64 of this Act is to hold office for such term (not being less than five nor more than seven years) as may be specified in the terms of his appointment.

7 No provision made in the instrument by virtue of paragraph 5 or 6 above or 10 below shall be taken to prevent a governor—

(a) from being elected or appointed for a further term, or

(b) from being disqualified, by virtue of paragraph 3 above or any provision made by virtue of paragraph 4 above, for continuing to hold office.

8 The instrument for a school must provide that any member of the governing body may at any time resign his office.

9 (1) The instrument for a school must provide that any foundation governor (other than one holding office ex officio) and any sponsor governor may be removed from office by the person or persons who appointed him.

(2) For the purposes of this paragraph, an initial foundation governor shall be treated as having been appointed by the person or persons entitled to appoint foundation governors under provision included in the instrument in accordance with section 65(7)(b) of this Act.