Education Act 2011

Governing bodies: constitution and dissolutionE+W

38Constitution of governing bodies: maintained schools in EnglandE+W

(1)Section 19 of EA 2002 (governing bodies) is amended as follows.

(2)After subsection (1) insert—

(1A)Regulations must provide for a governing body of a maintained school in England to consist of—

(a)persons elected or appointed as parent governors,

(b)the head teacher of the school,

(c)a person elected as a staff governor,

(d)a person appointed as a local authority governor,

(e)in the case of a foundation school, a foundation special school or a voluntary school, persons appointed as foundation governors or partnership governors, and

(f)such other persons as may be prescribed.

(3)In subsection (2), after “governing body” insert “ of a maintained school in Wales ”.

(4)After subsection (4) insert—

(4A)Regulations made by virtue of subsection (3)(c) in relation to a maintained school in England may include provision for eligibility criteria for the school's local authority governor to be such as may be specified by the school's governing body.

(4B)Regulations made by virtue of subsection (3)(e) in relation to a maintained school in England may include provision allowing the head teacher of the school to resign from office as a governor (and to withdraw any such resignation).

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Commencement Information

I1S. 38 in force at 1.9.2012 by S.I. 2012/1087, art. 3 (with art. 5)

39Discontinuance of federated school: governing body not to be dissolvedE+W

In paragraph 5 of Schedule 1 to EA 2002 (dissolution of school governing body on discontinuance of school), after sub-paragraph (1) insert—

(1A)Sub-paragraph (1) does not apply if—

(a)the school is a federated school in England, and

(b)immediately after the discontinuance date, there will be more than one other school remaining in the federation.

(1B)“Federation” and “federated school” have the meanings given by section 24(2).

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I2S. 39 in force at 1.9.2012 by S.I. 2012/1087, art. 3