Education Act 1996

237 Replacement of proposed initial parent and teacher governors before incorporation

(1) This section applies where proposals published under section 193 are pending in respect of a school.

(2) If a person named in the proposals as a proposed governor of an elected category who has been elected under section 234 or this section—

(a) dies,

(b) becomes prospectively disqualified for holding office as such a governor on the proposed governing body, or

(c) notifies the existing governing body that he is no longer willing to serve on the proposed governing body,

then, subject to subsection (3), the authority responsible for election arrangements in relation to the school shall secure that a person is elected or appointed by the procedure applicable under Chapter IV of Part II to hold office on the proposed governing body in his place.

(3) Where in a case to which subsection (2) applies the Secretary of State is satisfied that it would not be reasonably practicable to hold an election or make an appointment in accordance with that subsection in the time available, he shall modify the proposals by including in them (in substitution, where appropriate, for any particulars they supersede) the relevant particulars in respect of a person nominated by the existing governing body.

(4) If at any time a person named in the proposals as a proposed governor of an elected category who was so named by virtue of being an eligible governor of that category—

(a) ceases to hold office on the existing governing body,

(b) becomes prospectively disqualified for holding office as such a governor on the proposed governing body, or

(c) notifies the existing governing body that he is no longer willing to serve on the proposed governing body,

the Secretary of State shall modify the proposals by including in them (in substitution, where appropriate, for any particulars they supersede) the relevant particulars in respect of a person nominated by the existing governing body who is at that time an eligible governor of that category and who is neither named in the proposals nor prospectively disqualified as mentioned in paragraph (b).

(5) Where in a case to which subsection (4)(a) applies—

(a) there is no such eligible governor at the time in question, and

(b) the Secretary of State is satisfied that it would not be reasonably practicable in the time available before he determines the proposals to fill the vacancy on the existing governing body by the procedure applicable under Chapter IV of Part II,

the Secretary of State shall modify the proposals by including in them (in substitution, where appropriate, for any particulars they supersede) the relevant particulars in respect of a person nominated by the existing governing body.

(6) Where in a case to which subsection (4)(b) or (c) applies there is no such eligible governor at the time in question, subsection (2) shall apply as if the former proposed governor had been elected under section 234.

(7) If a person named in the proposals as a proposed governor of an elected category who has been nominated by the existing governing body under this section—

(a) dies,

(b) becomes prospectively disqualified for holding office as such a governor on the proposed governing body, or

(c) notifies the existing governing body that he is no longer willing to serve on the proposed governing body,

the Secretary of State shall modify the proposals by including in them (in substitution, where appropriate, for any particulars they supersede) the relevant particulars in respect of a person nominated by the existing governing body.

(8) References in this section to a person named in the proposals include any person required to be so named.

(9) The existing governing body shall—

(a) give the Secretary of State notice in writing of the occurrence of any event within subsection (2), (4) or (7),

(b) make any nomination required for the purposes of this section, and

(c) give the Secretary of State notice in writing of the relevant particulars in respect of any person nominated by them under this section.