Part 3Maintained schools

Chapter 1Government of maintained schools

19 Governing bodies

I4C1I71

Each maintained school shall have a governing body, which shall be a body corporate constituted in accordance with regulations.

F31A

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.

I2I72

Regulations shall provide for a governing body F4of a maintained school in Wales to consist of—

a

persons elected or appointed as parent governors,

b

persons elected or appointed as staff governors,

c

persons appointed as F1local authority governors,

d

except in the case of a voluntary aided school, persons appointed as community governors,

e

in the case of a foundation schoolF6... or a voluntary school, persons appointed as foundation governors or partnership governors, and

f

such other persons as may be prescribed.

I2I73

Regulations may make provision as to—

a

the number of governors, or of governors falling within any category,

b

the person or persons by whom, and the manner in which, governors are to be elected or appointed,

c

eligibility for election or appointment as governors of any category, or for voting in an election of such governors,

d

the term of office of governors,

e

resignation or removal from office of governors,

f

the payment of allowances to governors,

g

meetings and proceedings of governing bodies,

h

the election by the governors of a chairman and vice chairman of the governing body,

i

the establishment by a governing body of committees,

j

the appointment of persons other than governors to serve on committees of governing bodies,

k

the delegation of functions by governing bodies, and

l

other matters relating to the constitution or procedure of governing bodies.

I2I74

Regulations made by virtue of subsection (3)(a) must secure that the majority of the governors of a voluntary aided school are persons appointed as foundation governors.

F54A

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).

I2I75

Subsection (3)(k) has effect subject to the provisions of any scheme under section 48 of the School Standards and Framework Act 1998 (c. 31) ( F2local authorities’ financial schemes) which relates to the school.

I1I6I8C26

Schedule 1 (which contains general provisions relating to the governing body as a body corporate) shall have effect.

I2I77

In discharging any function conferred by regulations under this section, a F1local authority or the governing body of a maintained school shall have regard to any guidance given from time to time—

a

in relation to England, by the Secretary of State, or

b

in relation to Wales, by the National Assembly for Wales.

I3I5I98

F7In relation to maintained schools in England, subsection (1) has effect subject to section 24; and regulations under this section may include provision with respect to the governing bodies of federations.

F89

In relation to maintained schools in Wales, subsection (1) has effect subject to Chapter 1 of Part 2 of the Education (Wales) Measure 2011; and regulations under this section may include provision with respect to the governing bodies of federations (within the meaning of section 21(1) of that Measure).