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Education Act 2002

Chapter 1 of Part 3:  Government of Maintained Schools

13.This Chapter implements the Government’s consultation paper on school governance: “The Way Forward – A Modernised Framework for School Governance”.

14.The Chapter provides that every maintained school shall have a governing body responsible for the conduct of the school with, in accordance with the regulations, an established membership and instrument of government. Regulations will make provisions concerning the control and occupation of school premises by governing bodies. The Chapter introduces measures to enable more than one school to federate under a single governing body, if they so choose, and provided that they comply with prescribed procedures and conditions. In addition, the Secretary of State, or the NAW, may make regulations providing for governing bodies to collaborate by discharging functions jointly either through whole governing bodies or through joint committees.

15.Provision is made to enable governing bodies to provide community facilities or services for the benefit of their pupils, their pupils’ families and the wider community. It also provides for limits to be imposed on those powers. The Chapter also introduces measures requiring governors to produce an annual report; hold an annual parents’ meeting; and establish complaints procedures. This Chapter also provides for the staffing of maintained schools, repealing current arrangements and empowering the Secretary of State, or the NAW, to make regulations about the appointment, discipline, suspension and dismissal of staff.

16.The Chapter also provides that maintained nursery schools are to have governing bodies.

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