Explanatory note

These Regulations prescribe the initial instrument and articles of government for certain grant-maintained schools. The schools to which the Regulations apply are grant-maintained schools whose governing bodies are incorporated under the Education Act 1993 (“the 1993 Act”), and those whose governing bodies are incorporated under Chapter IV of Part I of the Education Reform Act 1988 but for which no instrument or articles of government have been made under that Act before the commencement of section 56 of the 1993 Act.

The initial instrument of government for such schools is set out in Schedule 1 to the Regulations (regulation 2).

Part II of Schedule 1 applies to schools which were either county schools immediately before becoming grant-maintained, or were established in pursuance of proposals published under section 48 of the 1993 Act. Part II requires the governing body to include first governors. It also includes provision for the Secretary of State to replace first governors and to make provision with respect to the filling of vacancies in such governorships.

Part III of Schedule 1 applies to schools which were either voluntary schools immediately before becoming grant-maintained, or were established in pursuance of proposals published under section 49 of the 1993 Act. Part III requires the governing body to include foundation governors.

Part IV of Schedule 1 includes provisions which apply to all grant-maintained schools in respect of which the initial instrument of government has effect. It requires the governing body to include parent and teacher governors, and makes provision as to their election and, in the case of parent governors, appointment. It also provides for the governing body to include the head teacher as a governor; and to include sponsor governors where the proposals under which the school became grant-maintained name a person as a sponsor of the school. Provisions are also included in Schedule 1 with respect to the tenure of office of governors, their removal and resignation from office, and the circumstances in which a person is to be disqualified for holding or continuing to hold office as governor.

Part IV of Schedule 1 also includes provisions for the appointment of a chairman and vice-chairman of the governing body and a clerk to the governing body. It also makes provisions with respect to the meetings and proceedings of the governing body. Provisions are included in Schedule 1 with respect to the delegation of functions by the governing body and the establishment of committees for the purpose of exercising delegated functions. Schedule 1 also makes provision for the constitution of appeal committees.

The initial articles of government are set out in Schedule 2 to the Regulations (regulation 3).

Schedule 2 includes provisions dealing with the general responsibilities of the governing body and head teacher with respect to the conduct of the school. It also makes provision with respect to the curriculum at the school (including for dealing with complaints concerning the curriculum at the school). Schedule 2 includes provisions with respect to the arrangements for determining admissions to the school, and the exclusion of pupils. In this respect, Schedule 2 also provides for the establishment of appeal committees to hear appeals against admissions and exclusion decisions.

Schedule 2 includes provisions requiring the governing body to prepare an annual report and to hold an annual parents' meeting. It also includes provisions with respect to the use of school premises, and provisions concerning the appointment and dismissal of staff.

The Regulations provide, in the case of schools which are established as grant-maintained schools, for certain provisions of the Articles to have effect from the date of incorporation of the governing body (regulation 4). These include the provisions relating to the curriculum at the school, admissions and the appointment and dismissal of staff. Otherwise, by virtue of section 56(3) of the 1993 Act, the initial articles of government have effect from the implementation date of the proposals under which the school became grant-maintained.