Kindergartens, primary and secondary educational institutions
The provisions regulating management in Part IV, Chapter 11 of the EA1996 appear to be directed more at kindergartens, primary and secondary educational institutions than at the other types of institutions created under the Act. These institutions are by far the most populous and, because of the levels of education they deliver, the ones over which the regulators would want greater control. Generally, all educational institutions, other than those exempted or prescribed with special models of governance are required to be managed in accordance with an instrument of government, which every educational institution is required by the Act to have (ss.53, 55). The instrument of government is a concept of British origin, applied in the management of schools that serves as a constitution to the body that is to be governed. In line with this purpose, s.53 (2) stipulates that ‘every instrument of government must provide for the constitution of a board of governors, with a chairman, for the management of the educational institution by the governors in a manner not inconsistent with the Act and any regulations made under this Act.’ The Act does not describe the management powers or duties of the chairman or the governors but leaves it open for the Minister to issue regulations, to prescribe the duties of the governors and other persons responsible for the management of educational institutions.
