Paragraph 6 Changes as respects special educational provision or governing body

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

Sch. para. 12(3) words inserted by Employment and Support Allowance (Consequential Provisions) 2008 reg. 5
Sch. para. 21(6)(a) word substituted by Apprenticeships, Skills, Children and Learning Act 2009, Parts 7 and 8 2010 art. 5
Sch. para. 3C(2)(b) words inserted by Education (Miscellaneous Amendments relating to Safeguarding Children) 2009 reg. 2(3)

(1)

Where any change is proposed in the arrangements mentioned in paragraphs 1 or 2, the Secretary of State shall be given written notice of the proposed change by the relevant person and effect shall not be given to the proposal unless and until the changed arrangements have been approved by him for the purposes of the paragraph in question.

(2)

If the arrangements mentioned in paragraph 2 do not provide for the governing body to include–

(a)

at least one member appointed by one or more local education authorities,

(b)

at least one member elected by teachers at the school from among their number, and

(c)

at least one member elected by, or appointed to represent, parents of children at the school,

then, at the request of the Secretary of State and by a date specified by him, changed arrangements shall be proposed (to take effect as soon as is reasonably practicable) which would result in the governing body including such members appointed or elected as aforesaid as are specified by the Secretary of State; and any steps necessary or expedient for the purpose of making such a change shall be taken.

(3)

The person who is elected or appointed under paragraph 2(c) shall be–

(a)

a person who is the parent of a registered pupil at the school;

(b)

a person who is the parent of a child of compulsory school age with special educational needs;

(c)

a person who is the parent of a person of any age with special educational needs; or

(d)

a person who is the parent of a child of compulsory school age.

(4)

A person referred to in sub-paragraph 3(b), (c) or (d) shall only be elected or appointed if it is not reasonably practicable to elect or appoint a person referred to in the provision of that sub-paragraph which immediately precedes it.