Taylor (1977)

Notes on the text
Preliminary pages Membership, Preface, Contents

Chapter 1 Introduction
Chapter 2 Present arrangements for school government
Chapter 3 A new approach to school government
Chapter 4 Membership of the new governing bodies
Chapter 5 Communication and cooperation
Chapter 6 Curriculum
Chapter 7 Finance
Chapter 8 Appointments
Chapter 9 Other functions
Chapter 10 Training the new governors
Chapter 11 Procedural arrangements
Chapter 12 The government of voluntary schools
Chapter 13 Recommendations and implementation
Summary of recommendations

Notes of extension and dissent, minority report

Appendix A Evidence
Appendix B History of school managers and governors
Appendix C Visits
Appendix D Education Act 1944: selected extracts
Appendix E Administrative Memorandum No 25 (1945)
Appendix F Letter to parents
Appendix G Aims into practice

Index

Report of the Committee of Enquiry appointed jointly by the Secretary of State for Education and Science and the Secretary of State for Wales under the chairmanship of Mr Tom Taylor CBE

London: Her Majesty's Stationery Office 1977
© Crown copyright material is reproduced with the permission of the Controller of HMSO and the Queen's Printer for Scotland.

Appendix D Education Act 1944: Selected extracts
[pages 197 - 201]

Sections 17-21 and the Fourth Schedule

Management of primary schools and government of secondary schools

Constitution of managers and governors and conduct of county schools and voluntary schools

17. (1) For every county school and for every voluntary school there shall be an instrument providing for the constitution of the body of managers or governors of the school in accordance with the provisions of this Act, and the instrument providing for the constitution of the body of managers of a primary school is in this Act referred to as an instrument of management, and the instrument providing for the constitution of the body of governors of a secondary school is in this Act referred to as an instrument of government.

(2) The instrument of management or the instrument of government, as the case may be, shall be made in the case of a county school by an order of the local education authority and in the case of a voluntary school by an order of the Secretary of State.

(3) Subject to the provisions of this Act and of any trust deed relating to the school:

(a) every county primary school and every voluntary primary school shall be conducted in accordance with rules of management made by an order of the local education authority; and

(b) every county secondary school and every voluntary secondary school shall be conducted in accordance with articles of government made in the case of a county school by an order of the local education authority and approved by the Secretary of State, and in the case of a voluntary school by an order of the Secretary of State; and such articles shall in particular determine the functions to be exercised in relation to the school by the local education authority, the body of governors, and the head teacher respectively.

(5) Before making any order under this section in respect of any school, the Secretary of State shall afford to the local education authority and to any other persons appearing to him to be concerned with the management or government of the school an opportunity of making representations to him with respect thereto, and in making any such order the Secretary of State shall have regard to all the circumstances of the school, and in particular to the question whether the school is, or is to be, a primary or secondary school, and, in the case of an existing school, shall have regard to the manner in which the school has been conducted theretofore.

(6) Where proposals for a significant change in the character of a voluntary school are approved under section 13 of this Act, then, without prejudice to the power to vary orders conferred by section III the Secretary of State may by order make such variations of the articles of government (if the school is a secondary school) ... as appear to him to be required in consequence of the proposed change in the character of the school; and so much of sub-section (5) of this section as relates to the making of representations with respect to orders under this section shall not apply to an order made in pursuance only of the power conferred by this subsection.

Managers of primary schools

18. (1) The instrument of management for every county primary school serving an area in which there is a minor authority shall provide for the constitution of a body of managers consisting of such number of persons, not being less than six, as the local education authority may determine:

Provided that two thirds of the managers shall be appointed by the local education authority and one third shall be appointed by the minor authority.

(2) The instrument of management for every county primary school serving an area in which there is no minor authority shall provide for the constitution of a body of managers constituted in such manner as the local education authority may determine.

(3) The instrument of management for every voluntary primary school shall provide for the constitution of a body of managers consisting of such number of persons not being less than six as the Secretary of State may, after consultation with the local education authority, determine:

Provided that:

(a) if the school is an aided school or a special agreement school, two thirds of the managers shall be foundation managers, and, if the school is a controlled school, one third of the managers shall be foundation managers;

(b) where the school serves an area in which there is a minor authority, then of the managers who are not foundation managers not less than one third nor more than one half shall be appointed by the minor authority and the remainder shall be appointed by the local education authority; and

(c) where the school serves an area in which there is no minor authority, all the managers who are not foundation managers shall be appointed by the local education authority.

19. (1) The instrument of government for every county secondary school shall provide for the constitution of a body of governors consisting of such number of persons appointed in such manner as the local education authority may determine.

(2) The instrument of government for every voluntary secondary school shall provide for the constitution of a body of governors of the school consisting of such number of persons as the Secretary of State may after consultation with the local education authority determine:

Provided that:

(a) where the school is a controlled school, one third of the governors shall be foundation governors and two thirds of the governors shall be appointed by the local education authority;

(b) where the school is an aided school or a special agreement school, two thirds of the governors shall be foundation governors and one third of the governors shall be appointed by the local education authority.

20. (1) A local education authority may make an arrangement for the constitution of a single governing body for any two or more county schools or voluntary schools maintained by them, and any such arrangement may relate exclusively to primary schools, or exclusively to secondary schools or partly to primary schools and partly to secondary schools:

Provided that an authority shall not make any such arrangement with respect to a voluntary school except with the consent of the managers or governors thereof.

(2) The governing body constituted in pursuance of any such arrangement as aforesaid shall, if all the schools to which the arrangement relates are county schools, consist of such number of persons appointed in such manner as the local education authority may determine.

(3) Where all or any of the schools to which any such arrangement relates are voluntary schools, the governing body constituted in pursuance of the arrangement shall consist of such number of persons appointed in such manner as may be determined by agreement between the local education authority and the managers or governors of those schools, or, in default of such agreement, by the Secretary of State.

(4) The local education authority, in making any such arrangement as aforesaid which relates to a primary school serving an area in which there is a minor authority, shall make provision for securing that the minor authority is adequately represented upon the governing body constituted in pursuance of the arrangement.

(5) Every arrangement made under this section may, if it does not relate to any voluntary school, be terminated at any time by the local education authority by which it was made, and any such arrangement which relates to such a school may be terminated by agreement between the local education authority and the governing body constituted in pursuance of the arrangement, or, in default of such agreement, by one year's notice served by the local education authority on the said governing body or by one year's notice served by the said governing body on the local education authority.

(6) While an arrangement under this section is in force with respect to any schools, the provisions of the last three foregoing sections as to the constitution of the body of managers or governors shall not apply to the schools, and for the purposes of any enactment the governing body constituted in accordance with the arrangement shall be deemed to be the body of managers or governors of each of those schools, and references to a manager or governor in any enactment shall, in relation to every such school, be construed accordingly.

Proceedings of managers and governors of county and voluntary schools

21. (1) Any manager or governor of a county school or of a voluntary school may resign his office, and any such manager or governor appointed by a local education authority or by a minor authority shall be removable by the authority by whom he was appointed.

(2) The provisions of the Fourth Schedule to this Act shall have effect with respect to the meetings and proceedings of the managers or governors of any county school or voluntary school.

(3) The minutes of the proceedings of the managers or governors of any county school or voluntary school shall be open to inspection by the local education authority.

FOURTH SCHEDULE.

Section 21. Meetings and proceedings of managers and governors

1. The quorum of the managers or governors shall not be less than three, or one third of the whole number of managers or governors, whichever is the greater.

2. The proceedings of the managers or governors shall not be invalidated by any vacancy in their number or by any defect in the election, appointment or qualification of any manager or governor.

3. Every question to be determined at a meeting of the managers or governors shall be determined by a majority of the votes of the managers or governors present and voting on the question, and where there is an equal division of votes the chairman of the meeting shall have a second or casting vote.

4. The managers or governors shall hold a meeting at least once in every term.

5. A meeting of the managers or governors may be convened by any two of their number.

6. The minutes of the proceedings of the managers or governors shall be kept in a book provided for the purpose.

Section 36. Duty of parents to secure the education of their children

36. It shall be the duty of the parent of every child of compulsory school age to cause him to receive efficient full-time education suitable to his age, ability, and aptitude, either by regular attendance at school or otherwise.

Section 114. Interpretation of expressions 'foundation managers' and 'foundation governors'

Interpretation

114 (1) In this Act, unless the context otherwise requires, the following expressions have the meanings hereby respectively assigned to them, that is to say:

'Foundation managers' and 'foundation governors' mean, in relation to any voluntary school, managers and governors appointed otherwise than by a local education authority or a minor authority for the purpose of securing, so far as is practicable, that the character of the school as a voluntary school is preserved and developed, and, in particular, that the school is conducted in accordance with the provisions of any trust deed relating thereto; and, unless the context otherwise requires, references in this Act to 'managers' or 'governors' shall, in relation to any function thereby conferred or imposed exclusively on foundation managers or foundation governors, be construed as references to such managers or governors.