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England and Wales High Court (Administrative Court) Decisions
You are here: BAILII >> Databases >> England and Wales High Court (Administrative Court) Decisions >> Transport & General Workers Union & Anor, R (on the application of) v Walsall Metropolitan Borough Council & Anor  EWHC Admin 452 (12 June 2001)
Cite as:  ELR 329,  EWHC Admin 452
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QUEEN'S BENCH DIVISION
Strand, London WC2
B e f o r e :
|THE QUEEN ON THE APPLICATION OF|
|(1) TRANSPORT & GENERAL WORKERS UNION|
|(2) HILARY HOLLINGTON|
|WALSALL METROPOLITAN BOROUGH COUNCIL|
|B MARTIN & SONS (TREFONEN) LIMITED|
of Smith Bernal Reporting Limited
190 Fleet Street, London EC4A 2HD
Telephone No: 0207-421 4040/0207-404 1400
Fax No: 0207-831 8838
(Official Shorthand Writers to the Court)
MR C LEWIS (Hearing) & MRS J OLDHAM (Judgment) (instructed by Walsall Metropolitan Borough Council Legal Services, The Civic Centre, Darwall Street, Walsall, WS1 1TP) appeared on behalf of the defendant
Crown Copyright ©
"Subsection (2) applies to any local authorities which in accordance with section 102(1) of the Local Government Act 1972 have appointed any committees wholly or partly for the purpose of discharging any functions with respect to education which are conferred on them in their capacity as local education authorities."
"Regulations may require -
(a) any such committee as is mentioned in subsection (1) or (3) ...
to include one of more persons elected, in accordance with the regulations, as representatives of parent governors at maintained schools in relation to which the committee or subcommittee acts."
"Regulations may make provision for -
(a) the number of persons who are to be elected for the purposes of subsection (6) in the case of any local education authority ...
(d) the term of office of persons so elected and their voting rights."
"... a committee appointed by a local authority ... in accordance with section 102 of the Local Government Act 1972 wholly or partly for the purpose of discharging any functions which are conferred on the local authority ... in its ... capacity as a local education authority ..."
"A local education authority shall appoint at least two but not more than five parent governor representatives to each relevant committee of the authority."
"(a) he is a parent governor at a school maintained by the local education authority; and
(b) he is the parent of a registered pupil who is educated at a school maintained by the authority, or who is educated by the authority otherwise than at school."
"(1) Subject to paragraph (2), a parent governor representative shall be entitled to vote on any of the following matters -
(a) matters which relate to schools maintained by the local education authority;
(b) matters which relate to pupils who are educated in schools maintained by the local education authority, or who are educated by the local education authority otherwise than at school.
(2) A parent governor representative shall not be entitled to vote on the determination of the local education authority's total revenue expenditure on education or the determination of its total capital expenditure on education."
"... The intention is to enable parents to have a direct input to their local authority's policies on education provision for pupils of school age."
"The key words 'which relates to' in the phrase 'a condition or limitation which relates to the carrying out of such operations' are not words of art. They are words often used in the Act, as in other statutes, in a very general sense ... They may often mean little more than 'which has to do with'."