School Standards and Framework Act 1998

Contents and form of instrument of government E+W

1 (1) The instrument of government for a maintained school shall set out— E+W

(a) the name of the school;

(b) the category of school (within section 20(1)) to which the school belongs;

(c) the name of the governing body of the school;

(d) the manner in which the governing body are to be constituted, specifying—

(i) the categories of governor and the number of governors in each category,

(ii) the categories of person from whom or from amongst whose members nominations for the appointment of any additional governors required by virtue of paragraph 15 of Schedule 9 are to be sought,

(iii) the number of such governors for whose appointment nominations are to be sought in the case of each such category of person,

(iv) where the school is a community special school, whether it has a representative governor by virtue of paragraph 10 of Schedule 9, and

(v) the total number of governors;

(e) where the school has foundation governors—

(i) the name of any foundation body or person who is entitled to appoint such governors and (if there is more than one such person) the basis on which such appointments are made,

(ii) details of any foundation governorship to be held ex officio by the holder of a named office and the name of any person entitled to make any appointment by virtue of paragraph 16 of Schedule 9, and

(iii) the procedure to be adopted for eliminating any excess in the number of foundation governors for the purposes of paragraph 17 of that Schedule;

(f) where the school is a community special school, the names of any body or bodies by whom any representative governor is appointed under paragraph 10 of that Schedule;

(g) where the school is a foundation or voluntary school which has a religious character, a description of the ethos of the school; and

(h) the date when the instrument takes effect.

(2) The manner in which the governing body are to be constituted, as set out in the instrument in accordance with sub-paragraph (1)(d), must conform with the provisions of—

(a) Part II of Schedule 9, and

(b) any regulations made under paragraph 15 of that Schedule,

as they apply to a school of the category to which the school belongs.

(3) Where, for the purposes of any provision of that Part of that Schedule, it is material to determine the number of registered pupils at the school, that number shall be determined as at the date when the instrument is made.

(4) The instrument shall (subject to any other statutory provision) comply with any trust deed relating to the school.

(5) The instrument shall be made in such form as may be prescribed.

Annotations:

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Modifications etc. (not altering text)

C1 Sch. 12 para. 1 applied (with modifications) (3.12.1998) by S.I. 1998/2763, regs. 6(4), 7(3)

Sch. 12 para. 1 applied (with modifications) (1.9.1999) by S.I. 1999/2262, reg. 32(5).