SCHEDULES
C2C3C5C4C6C7 SCHEDULE 1Incorporation and powers of governing body
Sch. 1 applied (with modifications) (10.7.2003) by New Schools (General) (England) Regulations 2003 (S.I. 2003/1558), regs. 1, 32
Sch. 1 applied (with modifications) (31.10.2005) by The New Maintained Schools (Wales) Regulations 2005 (S.I. 2005/2912), regs. 1(1), 31
Sch. 1 applied (with modifications) (31.10.2005) by The New Maintained Schools (Wales) Regulations 2005 (S.I. 2005/2912), regs. 1(1), 30(1) (with reg. 30(2))
Sch. 1 applied (with modifications) (25.5.2007) by The School Governance (New Schools) (England) Regulations 2007 (S.I. 2007/958), regs. 1, 30
Sch. 1 applied (with modifications) (25.5.2007) by The School Governance (New Schools) (England) Regulations 2007 (S.I. 2007/958), regs. 1, 31
I9C5C41C5C4I1Introductory
In the following paragraphs of this Schedule—
“the 1998 Act” means the School Standards and Framework Act 1998 (c. 31);
“the governing body” means the governing body of a maintained school incorporated under section 19(1).
I10C5C42C5C4I2Name and seal of governing body
1
The governing body shall be known as “The governing body of....” with the addition of the name of the school as for the time being set out in the school’s instrument of government.
2
The application of the seal of the governing body must be authenticated by the signature—
a
of the chairman of the governing body, or
b
of some other member authorised either generally or specially by the governing body to act for that purpose,
together with the signature of any other member.
3
Every document purporting to be an instrument made or issued by or on behalf of the governing body and—
a
to be duly executed under the seal of the governing body, or
b
to be signed or executed by a person authorised by the governing body to act in that behalf,
shall be received in evidence and treated, without further proof, as being so made or issued unless the contrary is shown.
I3C13C3C5C4Powers of governing body
C81
The governing body may do anything which appears to them to be necessary or expedient for the purposes of, or in connection with—
I11a
the conduct of the school, or
I6b
the provision of facilities or services under section 27.
I11C82
The governing body may provide advice or assistance to—
a
the governing body of any other maintained school, whether or not maintained by the same F3local authority, or
b
any F3local authority.
F52A
The governing body of a maintained school in England (other than the governing body of a maintained nursery school) may provide advice and assistance to the proprietor of an Academy.
2B
The governing body of a maintained school in England may be a member of the foundation of another maintained school in England.
In this sub-paragraph “foundation” has the meaning given by section 21(3) of the 1998 Act, except that it does not include a foundation established under that Act.
I7I83
The powers conferred by sub-paragraphs (1) F6, (2) and (2A) include, in particular, power—
a
to borrow such sums as the governing body think fit and, in connection with such borrowing, to grant any mortgage, charge or other security over any land or other property of the governing body,
b
to acquire and dispose of land and other property,
c
to enter into contracts,
d
to invest any sums not immediately required for the purposes of carrying on any activities they have power to carry on,
e
to accept gifts of money, land or other property and apply it, or hold and administer it on trust, for any of those purposes, and
f
to do anything incidental to the conduct of the school, the provision of advice or assistance under sub-paragraph (2) F7 or (2A) , or the provision of facilities and services under section 27.
I7I84
The power to borrow money and grant security mentioned in sub-paragraph (3)(a) may only be exercised with the written consent—
a
of the Secretary of State (in relation to England) or the National Assembly for Wales (in relation to Wales), or
b
if an order under sub-paragraph (5) so provides, of the F3local authority;
and any such consent may be given for particular borrowing or for borrowing of a particular class.
I7I85
The Secretary of State or the National Assembly for Wales may by order make provision for any of his or its functions under sub-paragraph (4) to be instead exercisable—
a
in the case of all maintained schools, or
b
in the case of any class of such schools specified in the order,
by the F4local authorities by whom those schools are maintained.
I7I86
In exercising those functions those authorities shall comply with any directions contained in an order made by the Secretary of State or the National Assembly for Wales.
I7I87
Where the school is a foundation, voluntary aided or foundation special school, the power to enter into contracts mentioned in sub-paragraph (3)(c) includes power to enter into contracts for the employment of teachers and other staff, but no such contracts may be entered into by the governing body of a community, voluntary controlled or community special school or of a maintained nursery school.
I7I88
Sub-paragraphs (1) to (3) have effect subject to—
a
any provisions of the school’s instrument of government, and
b
any provisions of a scheme under section 48 of the 1998 Act ( F4local authorities’ financial schemes) which relates to the school.
I4I12C5C44
Regulations may make further provision—
a
as to the general powers of the governing body, and
b
as to other matters relating to it as a body corporate.
I13C5C45C5C4I5Dissolution of governing body
1
If the school is discontinued, the governing body are dissolved by virtue of this paragraph—
a
on the discontinuance date, or
b
on such later date as the Secretary of State (in relation to England) or the National Assembly for Wales (in relation to Wales) may specify by order made before the discontinuance date.
F12
In this paragraph “the discontinuance date” means—
a
in relation to a school in England, whichever of the following is relevant—
i
the date on which proposals for discontinuing the school are implemented under Part 3 of Schedule 2 to the Education and Inspections Act 2006 F2...,
ii
the date on which the school is discontinued under section 30 of the 1998 Act, F8...
iii
the date specified in a direction given under section 17(1) or 68(1) of the Education and Inspections Act 2006 F9, or
iv
the date on which a local authority are required to cease to maintain the school under section 6(2) of the Academies Act 2010;
b
in relation to a school in Wales, whichever of the following is relevant—
i
the date on which proposals for discontinuing the school are implemented under Part 3 of Schedule 6 to the 1998 Act or under Schedule 7 or 7A to the Learning and Skills Act 2000,
ii
the date on which the school is discontinued under section 30 of the 1998 Act, or
iii
the date specified in a direction given under section 19(1) or 32(1) of the 1998 Act.
Sch. 1 modified (E.) (temp. from 1.10.2002) by The Education Act 2002 (Modification of Provisions) (England) Regulations 2002 (S.I. 2002/2316), reg. 3(1)(2)