8(1)The instrument of government for the governing body of a grant-maintained special school shall provide for the governing body to include first governors.
(2)The instrument shall provide for such number of first governors as will secure that they outnumber the other governors.
(3)The instrument—
(a)shall require—
(i)that, where it is reasonably practicable, at least two of the first governors shall be (on the date or dates on which they respectively take office) parents of registered pupils at the school, and
(ii)that at least two of the first governors shall be persons with experience of education for those with special educational needs,
but one person may satisfy both requirements, and
(b)shall require the governing body, in appointing first governors, to secure that those governors include a person appearing to them to be a member of the local business community (and such a person may also satisfy one or both of the requirements of paragraph (a)(i) and (ii) above).
(4)The instrument shall provide for the first governors to be appointed by the governing body from among persons who appear to the governing body to be committed to the good government and continuing viability of the school.
(5)The instrument shall provide for first governors to hold office for such term (not being less than five nor more than seven years) as may be specified in the instrument.
(6)A person who is a member of the teaching or other staff at the school shall be disqualified for holding office as a first governor.
(7)References in this paragraph to governors other than first governors do not include sponsor governors.