Education Act 1996

Instruments and articles for grant-maintained schools incorporated under pre-1993 Act law

24 (1) This paragraph applies in relation to a grant-maintained school where—

(a) the governing body of the school were incorporated under Chapter IV of Part I of the [1988 c. 40.] Education Reform Act 1988;

(b) an instrument and articles of government were made for the school under that Chapter before 1st January 1994; and

(c) immediately before the commencement of this Act those instruments had effect (in accordance with paragraph 1(2) of Schedule 20 to the [1993 c. 35.] Education Act 1993 (transitional provisions and savings)) subject to the modifications specified in either or both of paragraphs 8 and 9 of the [S.I. 1993/3106.] Education Act 1993 (Commencement No. 2 and Transitional Provisions) Order 1993.

(2) The instrument and articles of government for the school shall continue to have effect, subject to those modifications, as if made under section 220 of this Act and in accordance with Part III of this Act.

25 (1) This paragraph applies in relation to a grant-maintained school where—

(a) the governing body of the school were incorporated under Chapter IV of Part I of the Education Reform Act 1988;

(b) paragraph 24(1)(b) above does not apply; and

(c) immediately before the commencement of this Act the instrument and articles of government prescribed by virtue of section 56 of the Education Act 1993 had effect in relation to the school (in accordance with paragraph 1(3) of Schedule 20 to that Act).

(2) The instrument and articles of government for the school shall continue to have effect as if made under section 219 of this Act; and while they remain in force Schedule 24 to this Act shall apply in relation to the school with the following modifications.

(3) In paragraph 10(1) there shall be inserted at the end of paragraph (d) “or

(e) in the case of a governing body incorporated under Chapter IV of Part I of the Education Reform Act 1988, became a member of the governing body on the incorporation date in relation to the school (as defined by section 104(3) of that Act) and—

(i) immediately before that date, was a parent governor (within the meaning of the Education (No. 2) Act 1986) in relation to the school, or

(ii) was elected under section 66, or elected or nominated under section 68, of the Education Reform Act 1988 to hold office as a parent governor on the governing body.”

(4) In paragraph 11(1) there shall be inserted at the end of paragraph (c) “or

(d) in the case of a governing body incorporated under Chapter IV of Part I of the Education Reform Act 1988, became a member of the governing body on the incorporation date in relation to the school (as defined by section 104(3) of that Act) and—

(i) immediately before that date, was a teacher governor (within the meaning of the Education (No. 2) Act 1986) in relation to the school, or

(ii) was elected under section 66, or elected or nominated under section 68, of the Education Reform Act 1988 to hold office as a teacher governor on the governing body.”

(5) In paragraph 12(1) there shall be inserted at the end of paragraph (c) “or

(d) in the case of a governing body incorporated under Chapter IV of Part I of the Education Reform Act 1988—

(i) became a member of the governing body on the incorporation date in relation to the school (as defined by section 104(3) of that Act), and

(ii) was selected under section 66, or nominated under section 68, of that Act as being a person appearing to be a member of the local community committed to the good government and continuing viability of the school.”

26 (1) This paragraph applies in relation to a grant-maintained school where—

(a) the governing body of the school were incorporated under Chapter IV of Part I of the [1988 c. 40.] Education Reform Act 1988; and

(b) the school was a voluntary school before it became grant-maintained.

(2) Schedule 24 to this Act shall apply in relation to the school with the substitution of the following paragraph for paragraph 13—

“13 “Foundation governor” means—

(a) a person appointed otherwise than by a local education authority for the purpose of securing, so far as is practicable, that the established character of the school at the time when it became grant-maintained is preserved and developed and, in particular, that the school is conducted in accordance with the provisions of any trust deed relating to it; or

(b) a person selected under section 66, or nominated under section 68, of the Education Reform Act 1988 for the purpose referred to in sub-paragraph (a) above.”