SCHEDULES
SCHEDULE A1

Executive arrangements in England: further provision

Overview and scrutiny committees: education functions
6
1
In paragraphs 7 and 8 “
relevant authority
” means a local authority which has education functions.
2
Paragraphs 7 and 8 apply to an overview and scrutiny committee of a relevant authority if the committee's functions under section 9F relate wholly or partly to any education functions which are the responsibility of the authority's executive.
3
Paragraph 7 and 8 also apply to a sub-committee of an overview and scrutiny committee of a relevant authority if the sub-committee's functions under section 9FA relate wholly or partly to any education functions which are the responsibility of the authority's executive.
7
1
In the case of a relevant authority that maintains one or more Church of England schools, an overview and scrutiny committee or sub-committee to which this paragraph applies must include at least one qualifying person.
2
A person is a qualifying person for the purposes of sub-paragraph (1) if the person is nominated by the Diocesan Board of Education for any Church of England diocese which falls wholly or partly in the authority concerned's area.
3
In the case of a relevant authority that maintains one or more Roman Catholic Church schools, an overview and scrutiny committee or sub-committee to which this paragraph applies must include at least one qualifying person.
4
A person is a qualifying person for the purposes of sub-paragraph (3) if the person is nominated by the bishop of any Roman Catholic diocese which falls wholly or partly in the authority concerned's area.
5
A member of an overview and scrutiny committee or sub-committee appointed by virtue of sub-paragraph (1) or (3) is to be entitled to vote at a meeting of the committee or sub-committee on any question—
a
which relates to any education functions which are the responsibility of the authority concerned's executive, and
b
which falls to be decided at the meeting.
6
The Secretary of State may by directions to a relevant authority require any of the authority's overview and scrutiny committees or sub-committees to which this paragraph applies to include persons who are appointed, in accordance with the directions, as representatives of the persons who appoint foundation governors for the foundation or voluntary schools maintained by the authority which are not Church of England schools or Roman Catholic Church schools but which are specified in the directions.
7
Directions under sub-paragraph (6) may make provision with respect to the voting rights of persons appointed in accordance with such directions.
8
1
The Secretary of State may by regulations require an overview and scrutiny committee or sub-committee to which this paragraph applies to include one or more persons elected, in accordance with the regulations, as representatives of parent governors at maintained schools which are maintained by the relevant authority concerned.
2
Regulations under this paragraph may make provision for—
a
the number of persons who are to be elected in the case of any relevant authority,
b
the procedure to be followed in connection with the election of such persons and the persons who are entitled to vote at such an election,
c
the circumstances in which persons are qualified or disqualified for being so elected or for holding office once elected,
d
the term of office of persons so elected and their voting rights,
e
the application to any such committee or sub-committee, with or without any modification, of any enactment (whenever passed or made) relating to committees or (as the case may be) sub-committees of a local authority,
f
such other matters connected with such elections or persons so elected as the Secretary of State considers appropriate.
3
Regulations under this paragraph may also make provision—
a
enabling the Secretary of State to determine, where the Secretary of State considers it expedient to do so in view of the small number of maintained schools which are maintained by a relevant authority, that the requirement imposed on the committee or sub-committee by virtue of sub-paragraph (1) is to have effect as if it referred to representatives of parents of registered pupils (rather than representatives of parent governors) at those schools,
b
for any regulations under this paragraph to have effect, where the Secretary of State makes any such determination, with such modifications as may be prescribed.
9
The following provisions of the Education Act 1996, namely—
a
section 496 (powers of Secretary of State to require duties under that Act to be exercised reasonably), and
b
section 497 (powers of Secretary of State where local authorities
etc
are in default),
are to apply to the performance of any duty imposed on a local authority by virtue of paragraphs 6 to 8 as they apply to the performance by a local authority of a duty imposed by that Act.
10
1
Except for the expression “local authority”, expressions used in paragraphs 6 to 9 and the School Standards and Framework Act 1998 have the same meaning in those paragraphs as in that Act.
2
In paragraphs 6 and 7 “
education functions
” has the meaning given by section 579(1) of the Education Act 1996.
Sch. A1 inserted (3.12.2011 for specified purposes, 9.3.2012 for the insertion of Sch. A1 paras. 1, 5 so far as not already in force, 4.5.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 2 para. 2; S.I. 2011/2896, art. 2(e); S.I. 2012/628, art. 2(a); S.I. 2012/1008, art. 4(b)