Education Act 1996

135 Appointment etc. of clerk to governing body of school other than aided school

(1) The articles of government for a county or maintained special school shall provide for the clerk to the governing body to be appointed by the local education authority in accordance with arrangements determined by them in consultation with the governing body.

(2) The clerk to the governing body of a controlled or special agreement school shall be appointed—

(a) where the articles of government make provision in relation to his appointment, in accordance with that provision, or

(b) where paragraph (a) does not apply, by the local education authority in accordance with arrangements determined by them in consultation with the governing body.

(3) Arrangements determined in respect of a school by virtue of subsection (1) or under subsection (2)(b) may be varied by the authority in consultation with the governing body.

(4) The articles of government for a county or maintained special school shall require the local education authority not to dismiss the clerk except in accordance with arrangements determined by them in consultation with the governing body.

(5) The clerk to the governing body of a controlled or special agreement school may not be dismissed except—

(a) where the articles of government make provision in relation to his dismissal, in accordance with that provision, or

(b) where paragraph (a) does not apply, in accordance with arrangements determined by the local education authority in consultation with the governing body.

(6) The articles of government for a county, controlled, special agreement or maintained special school shall require the local education authority to consider any representations made to them by the governing body as to the dismissal of their clerk.

(7) Subsections (1) to (6) are subject to section 136 (staffing of county, controlled, and special agreement schools with delegated budgets).

(8) The articles of government for a county, controlled, special agreement or maintained special school shall enable the governing body, where the clerk fails to attend a meeting of theirs, to appoint one of their number to act as clerk for the purposes of that meeting (but without prejudice to his position as a governor).