Section 8: EXERCISE OF FUNCTIONS OF BOARDS This section gives Boards a general power to act in the discharge of their functions, determines the relationship between Boards and education authorities, and limits the personal liabilities of Board members. It also requires Boards to take account of the interests of further education where the premises or equipment of a school are used for that purpose, and empowers education authorities to obtain information from Boards about the discharge of their functions. Section 8(1) gives Boards the general powers which they need to carry out their functions. Included is the power to enter into contracts and agreements (other than those relating to land) and to invest money. The definition of "land" given in Schedule 1 to the Interpretation Act 1978 includes buildings. Thus the restriction on contracts relating to land prevents Boards from entering into ownership of land or buildings. The provision allowing Boards to invest money will allow Boards to keep funds (for example, funds raised or received under section 18) in interest-bearing accounts. Section 8(2) provides that Boards exercising their functions, are to be treated, in relation to third parties, as the agents of their education authority. This provision applies whether or not the exercise of a function complies with the requirements of the Act or the conditions attached to a delegated function under section 15. This provision gives assurance to those entering contracts with a Board or suffering any loss or injury caused by a Board's negligence that they will be able to pursue any claims against the education authority concerned, even if the Board is subsequently disestablished under section 20 or is otherwise unable to meet its obligations. Section 8(3) is complementary to subsection 2 and provides that no personal liability is to be incurred by the members of a School Board where they have acted in good faith in what is, or in what they believe to be, the exercise of a function given to them under the Act. Section 8(5) requires a School Board to ensure that, in the exercise of its functions under the Act, the Board does not place the education authority in breach of any duties placed on the authority by statute or rule of law. These include, for instance, the education authority's responsibility for school education for their area, the authority's duties under employment and health and safety legislation, and the common law duty of care which authorities bear in relation to pupils. Section 8(6) requires a School Board to comply with any reasonable request from the education authority for information relating to the exercise of the Board's functions. This provision complements the authority's right to have a representative at Board meetings (section 5(1)) and the duty on the Board to make its minutes available to the authority (section 6(8)). |