Statutory Instrument 1999 No. 2242 (W.2)

The Education (School Government) (Wales) Regulations 1999

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© Crown Copyright 1999

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"the 1996 Act" means the Education Act 1996[4];

"the 1998 Act" means the School Standards and Framework Act 1998;

"the Assembly" means the National Assembly for Wales;

"additional co-opted governor" means a co-opted governor required by virtue of paragraph 15 of Schedule 9 to the 1998 Act;

"employee of the local education authority" means a person employed by the local education authority in connection with their functions as a local education authority;

"employed to work" means employed under a contract of employment or a contract for services;

"the First Transitional Regulations" means the Education (School Government) (Transition to New Framework) Regulations 1998[5];

"the head teacher", if there is more than one head teacher of the school in accordance with the Education (Head Teachers) Regulations 1999[6], means any head teacher of the school;

"maintained school" means a community, community special, voluntary, foundation or foundation special school;

"new school" means a maintained school or proposed such school conducted by a temporary governing body constituted under section 44 of the 1998 Act or a transitional governing body treated as so constituted by virtue of regulation 13(5) of the Second Transitional Regulations, or a temporary governing body treated as so constituted by virtue of regulation 13 of the School Organisation Regulations;

"School Organisation Regulations" means the Education (Transition to New Framework) (School Organisation Proposals) Regulations 1999[7];

"the Second Transitional Regulations" means the Education (Transition to New Framework) (New Schools, Groups and Miscellaneous) Regulations 1999[8];

"selection panel" means a selection panel for the appointment of head teachers or deputy head teachers constituted under paragraph 6 of Schedule 16 or paragraph 7 of Schedule 17 to the 1998 Act.

    (2) Except where the context otherwise requires, the expressions used in these Regulations set out in the first column of the table below have the meaning given by (or, as the case may be) are to be interpreted in accordance with, the provisions referred to in the second column of that table:

"appropriate diocesan authority" (in relation to a Church in Wales or Roman Catholic Church school)	section 142(1) of the 1998 Act;
"Education Action forum"	section 11(2)[9] of the 1998 Act;
"education action zone"	section 10(1)[10] of the 1998 Act;
"have a delegated budget"	section 49(7) of the 1998 Act;
"instrument of government"	section 37(1) of the 1998 Act;
"representative governor"	paragraph 10 of Schedule 9 to the 1998 Act;
"school year"	section 579(1) of the 1996 Act[11];
"temporary governing body" and "temporary governors"	section 44 of the 1998 Act and regulation 13(5) of the Second Transitional Regulations and regulation 13 of the School Organisation Regulations.

    (3) Unless the context otherwise requires, any reference in these Regulations to - 

(a) a numbered Part, regulation or Schedule is a reference to the Part, regulation or Schedule in these Regulations so numbered;

(b) a numbered paragraph is a reference to the paragraph so numbered in the regulation or Schedule in which the reference appears; and

(c) a numbered sub-paragraph is a reference to the sub-paragraph so numbered in the paragraph in which the reference appears.

Interpretation of "governing body"
     3. Unless the context otherwise requires, any reference in these Regulations to the governing body is a reference to the governing body or temporary governing body (however constituted[12] of any school or (as the case may be) new school to which the provision applies, and any reference to a governor is a reference to a member of such a governing body.

Additional co-opted governors
     6.  - (1) Schedule 1 makes provision for the number of additional co-opted governors which may be required by the instrument of government for a maintained school by virtue of paragraph 15(1) and (2) of Schedule 9 to the 1998 Act, for the circumstances in which provision for such governors is authorised to be made, and for the categories of person from whom or from amongst whose members nominations for such appointments are to be sought.

    (2) Subject to paragraph (3), if the governing body make or revoke a determination under paragraph 15(1) of Schedule 9 to the 1998 Act, the instrument of government shall be varied at the instance of the governing body in consequence[14].

    (3) Paragraph (2) does not apply where the governing body make or revoke a determination under paragraph 15(1) of Schedule 9 to the 1998 Act in anticipation of the replacement of the instrument of government on a change of category pursuant to regulations under Schedule 8 to the 1998 Act.

Representative governors
     7.  - (1) If there is any change in the body or bodies entitled to appoint a representative governor at a community special school (or in whether the school has a representative governor) by virtue of paragraph 10 of Schedule 9 to the 1998 Act, the instrument of government shall be varied at the instance of the governing body in consequence.

    (2) Paragraph (1) does not apply if the change in question is related to a change of category (as referred to in regulation 6(3)) and the instrument of government is to be replaced.

Substitute foundation governors
     8. The instrument of government for a maintained school shall name the person or persons who shall be entitled to appoint a foundation governor to act in the place of an ex officio foundation governor in any case where - 

(a) that ex officio foundation governor is unable or unwilling to act as such; or

(b) there is a vacancy in the office by virtue of which such a governorship exists.

Appointment of parent, partnership and co-opted governors
     9.  - (1) Schedule 2 sets out the circumstances in which parent governors required by the instrument of government shall be appointed by the governing body, and the requirements which must be complied with in relation to any such appointment[15].

    (2) Schedule 3 provides for the nomination and appointment of partnership governors required by the instrument of government.

    (3) Schedule 4 imposes requirements which must be complied with in relation to the appointment of co-opted governors required by the instrument of government, other than additional co-opted governors.

Notification of vacancies and appointments
     10.  - (1) Subject to paragraphs (2) and (3), where a vacancy in the office of an appointed member of the governing body arises, the clerk to the governing body shall as soon as is reasonably practicable give notice in writing of that fact to the person or persons entitled to appoint a person to that office.

    (2) Subject to paragraph (3), the clerk to the governing body shall, at least two months before the date of the expiry of the term of office of an appointed member, give notice in writing of that fact to the person or persons entitled to appoint a person to that office.

    (3) Paragraphs (1) and (2) above shall not apply where the person or persons entitled to appoint a person to the office in question have already notified the clerk to the governing body in writing of the person appointed by them.

    (4) Where any person or persons make an appointment to the governing body, they shall give written notice of the appointment to the clerk to the governing body specifying the name and usual place of residence of the person so appointed.

    (5) For the purposes of this regulation, "appointed member" means - 

(a) a foundation governor;

(b) an LEA governor;

(c) a co-opted governor (including an additional co-opted governor);

(d) a representative governor; or

(e) a partnership governor.

Joint appointments
     11. If - 

(a) the instrument of government for a maintained school provides for one or more governors to be appointed by persons acting jointly, and

(b) those persons fail to make an agreed appointment,

the appointment shall be made by, or in accordance with a direction given by, the Assembly.

Elections
     12. Schedule 5 makes provision for the election of governors.

Surplus governors
     13.  - (1) Where - 

(a) a maintained school has more governors of a particular category (other than foundation governors)[16] than are provided for by the instrument of government for the school in accordance with Part II of Schedule 9 to the 1998 Act, and

(b) the excess is not eliminated by the required number of governors of that category resigning,

such number of governors of that category as is required to eliminate the excess shall cease to hold office in accordance with paragraphs (2) and (3).

    (2) The governors who are to cease to hold office shall be determined on the basis of seniority, the governor whose current period of continuous service (whether as a governor of one or more than one category) is the shortest being the first to cease to hold office.

    (3) Where it is necessary for the purposes of paragraph (2) to select one or more governors from a group of equal seniority, it shall be done by drawing lots.

    (4) For the purposes of this regulation, additional co-opted governors nominated by a particular category of person are treated as if they constituted a separate category of governor.

Resignation
     17.  - (1) Any governor of a school may at any time resign his office.

    (2) An ex officio foundation governor may resign by refusing to act as such a governor, either permanently or temporarily, but his resignation shall not prejudice the ex officio governorship of his successor in the post from which the ex officio governorship derives.

    (3) A head teacher of a school may resign by choosing at any time not to be a governor.

Removal
     18.  - (1) Subject to paragraph (2) and to Part VIII (transitional provisions), any governor of a school who was appointed otherwise than by being co-opted may be removed from office by the person or persons who appointed him.

    (2) The power of removal in paragraph (1) does not apply in respect of any elected governor, parent governor who has been appointed rather than elected, or partnership governor.

    (3)

(a) The governing body may, in accordance with the procedure set out in regulation 19, remove any additional co-opted governor at the request of a nominating body, if the governing body thinks fit.

(b) A nominating body proposing the removal of an additional co-opted governor shall inform the governor in question (in writing) of the reasons why they are proposing his removal.

(c) In this paragraph a "nominating body" means any person from whom nominations for appointment were sought in connection with the appointment of the additional co-opted governor in question.

(d) In sub-paragraph (a) "request" means a written request, setting out the reasons for the proposed removal.

    (4) Any co-opted governor (within the meaning of the 1998 Act) (other than an additional co-opted governor), may be removed from office by the governing body in accordance with the procedure set out in regulation 19.

Removal of governors by the governing body
     19.  - (1) This regulation applies in relation to the removal of a governor from office in accordance with regulation 18(3) or (4).

    (2) Subject to paragraphs (3) and (4), a resolution to remove a governor from office which is passed at a meeting of the governing body shall not have effect unless - 

(a) it is confirmed by a resolution passed at a second meeting of the governing body held not less than fourteen days after the first meeting ("the second meeting"); and

(b) the matter of the governor's removal from office is specified as an item of business on the agenda for each of those meetings.

    (3) In relation to the removal of an additional co-opted governor, before the governing body resolve at the second meeting whether to confirm the resolution to remove the governor from office, the clerk shall give the reasons for removal provided by the nominating body and, where any governor or governors support the removal, they shall at that meeting explain their reasons for doing so and the governor whom it is proposed to remove shall be given an opportunity to make a statement in response.

    (4) Before the governing body resolve at the second meeting whether to confirm the resolution to remove any co-opted governor (other than an additional co-opted governor) from office, the governor or governors proposing his removal shall at that meeting state their reasons for doing so and the governor whom it is proposed to remove shall be given an opportunity to make a statement in response.

Notice of resignation or removal
     20.  - (1) Where a governor of a school resigns his office or is removed from office (other than by the governing body), the governor or, where he is removed from office, those removing him, shall give written notice thereof to the clerk to the governing body of the school.

    (2) At any time when a head teacher of a school chooses to be or not to be a governor thereof, he shall give written notice of that decision to the clerk to the governing body of the school.

    (2) Notwithstanding paragraph (1), the governing body may, where the clerk fails to attend a meeting of theirs, appoint any one of their number to act as clerk for the purposes of that meeting.

Appointment of the clerk to the governing body
     23.  - (1) This regulation is subject to regulation 25.

    (2) Where there is a vacancy in the office of clerk to the governing body[17] of a community, voluntary controlled or community special school, the local education authority shall appoint a person selected by the governing body to be the clerk.

    (3) Subject to regulation 24, where there is a vacancy in the office of clerk to the governing body of a foundation, voluntary aided or foundation special school, the governing body shall appoint a clerk.

Dismissal of the clerk
     24.  - (1) This regulation is subject to regulation 25.

    (2) Where the governing body of a community, voluntary controlled or community special school detemine that the clerk to the governing body should be dismissed - 

(a) they shall notify the authority in writing of their determination and the reasons for it; and

(b) the authority shall dismiss the clerk to the governing body on receipt of the notification from the governing body.

    (3) The governing body of a foundation, voluntary aided or foundation special school may determine that the clerk should be dismissed.

Appointment and dismissal of the clerk where the school does not have a delegated budget
     25.  - (1) If at any time a maintained school does not have a delegated budget the following provision shall apply.

    (2) In the case of a community, voluntary controlled or community special school, the local education authority may appoint and dismiss the clerk as the authority think fit.

    (3) The authority shall in connection with the exercise of their functions under paragraph (2) consult the governing body to such extent as the authority think fit.

    (4) In the case of a foundation, voluntary aided or foundation special school - 

(a) except with the consent of the local education authority, the governing body shall not - 


(i) appoint a clerk, or

(ii) dismiss the clerk;



(b) the local education authority may give the governing body directions requiring them to dismiss the clerk.

First clerk to the temporary governing body and clerking on transition to the permanent governing body
     26.  - (1) The first clerk to the temporary governing body of a new school which will be a community, voluntary controlled, or community special school, or a foundation or foundation special school proposals for the establishment of which were published by the local education authority, shall be appointed by the local education authority.

    (2) The first clerk to the temporary governing body of a new school not referred to in paragraph (1) which will be a foundation or voluntary aided school shall be appointed by the promoters of the school.

    (3) The person who was the clerk to the temporary governing body shall act as clerk to the governing body who succeed them, pending the appointment of their clerk.

Clerking on transition to the new framework
     27. Schedule 8 makes provision in relation to clerks to governing bodies on transition to the new schools framework under the 1998 Act.

    (10) Any election of the chairman or vice-chairman which is contested shall be held by secret ballot.

    (11) The clerk to the governing body shall act as chairman during that part of any meeting at which the chairman of the governing body is to be elected.

Removal from office of the chairman of the governing body
     30.  - (1) Subject to the following provisions of this regulation, the governing body (other than the temporary governing body of a new school) may remove the chairman from office.

    (2) Subject to paragraphs (3) and (4), a resolution to remove the chairman from office which is passed at a meeting of the governing body shall not have effect unless - 

(a) it is confirmed by a resolution passed at a second meeting of the governing body held not less than fourteen days after the first meeting ("the second meeting"); and

(b) the matter of the chairman's removal from office is specified as an item of business on the agenda for each of those meetings.

    (3) Where the governing body include additional governors appointed under section 27 of the School Inspections Act 1996[18] or section 16 or 18 of the 1998 Act, paragraph (4) shall apply instead of paragraph (2).

    (4) A resolution to remove the chairman from office which is passed at a meeting of the governing body shall not have effect unless the matter of the chairman's removal from office is specified as an item of business on the agenda for that meeting.

    (5) Before the governing body resolve at the relevant meeting on whether to confirm the resolution to remove the chairman from office, the governor or governors proposing his removal shall at that meeting state their reasons for doing so and the chairman shall be given an opportunity to make a statement in response.

    (6) In paragraph (5), the reference to the relevant meeting is - 

(a) in any case to which paragraph (2) applies, to the second meeting held to consider the chairman's removal; and

(b) in any case to which paragraph (4) applies, to any meeting held to consider the chairman's removal from office.

Chairman and vice-chairman of temporary governing bodies
     31.  - (1) The temporary governing body of a new school shall, at their first meeting, elect a chairman and vice-chairman from among their number (subject however to paragraph (7))[19].

    (2) The chairman or vice-chairman of a temporary governing body may at any time resign his office by giving notice in writing to the clerk to the temporary governing body.

    (3) The chairman or vice-chairman of a temporary governing body shall cease to hold office as such if - 

(a) he ceases to be a member thereof;

(b) he is employed as a teacher or otherwise at the new school; or

(c) in the case of a vice-chairman, he is elected in pursuance of paragraph (4) to fill a casual vacancy in the office of chairman.

    (4) Where by reason of any of the matters referred to in paragraphs (2) and (3) a vacancy arises in the office of chairman of vice-chairman, the temporary governing body shall at their next meeting elect one of their number to fill that vacancy (subject however to paragraph (7)).

    (5) Subject to paragraph (6), where the chairman is absent from any meeting or there is at the time a vacancy in the office of the chairman, the vice-chairman shall act as the chairman for the purposes of the meeting.

    (6) Where in the circumstances referred to in paragraph (5) the vice-chairman is absent from the meeting or there is at the time a vacancy in the office of vice-chairman, the temporary governing body shall elect one of their number to act as a chairman for the purposes of that meeting, but subject to paragraph (7).

    (7) A member of the temporary governing body of a new school who is - 

(a) the head teacher of the new school,

(b) a temporary teacher governor of the new school,

(c) a person employed to work at the new school or, in the opinion of the other temporary governors, likely to become so employed,

shall not be eligible for election as chairman or vice-chairman of the temporary governing body of the new school or as a chairman of a meeting thereof but, subject as aforesaid, every temporary governor shall be so eligible.

    (8) Any election of the chairman or vice-chairman which is contested shall be held by secret ballot.

    (9) The clerk to the temporary governing body shall act as chairman during that part of any meeting at which the chairman of the temporary governing body is elected.

    (10) Schedule 8 makes provision in relation to chairmen and vice-chairmen of temporary governing bodies of new schools on transition to the new schools framework under the 1998 Act.

Right of the head teacher to attend meetings
     32.  - (1) A head teacher of a school who is not a governor thereof shall be entitled to attend any meeting of the governing body of the school subject, however, to Part VII.

    (2) Where two or more schools are to be discontinued ("the discontinued schools"), and the registered pupils at those schools, or a substantial number of those pupils, are expected to transfer to a new school, the head teachers of the discontinued schools shall be entitled to attend any meeting of the temporary governing body of the new school until a head teacher is appointed for that new school, subject, however, to Part VII.

Public access to meetingss
     33. Any question whether any person who is not - 

    (1) a member of the governing body,

    (2) the clerk to the governing body, or

    (3) a head teacher entitled under regulation 32 to attend meetings of the governing body of a school,

should be allowed to attend meetings thereof shall be determined by the governing body.

Convening of meetings of the governing body
     34.  - (1) The governing body of every school, other than a new school, shall hold at least one meeting in every school term.

    (2) The temporary governing body of a new school shall hold a meeting as often as occasion may require.

    (3) Meetings of the governing body shall be convened by the clerk to the governing body; and, without prejudice to paragraph (5), in exercising his functions under this paragraph the clerk to the governing body shall comply with any direction - 

(a) given by the governing body; or

(b) given by the chairman of governing body or, in his absence or where there is a vacancy in the office of chairman, the vice-chairman of the governing body, so far as such direction is not inconsistent with any direction given as mentioned in sub-paragraph (a).

    (4) Any three members of the governing body may, by notice in writing given to the clerk to the governing body, requisition a meeting thereof; and it shall be the duty of the clerk subject to paragraph (5), to convene such a meeting as soon as is reasonably practicable.

    (5) Each member of the governing body of a school, the head teacher (if he is not a member of the governing body) and the local education authority by whom the school is maintained shall be given, at least seven clear days before the date of a meeting - 

(a) notice in writing thereof, signed by the clerk to the governing body; and

(b) a copy of the agenda for the meeting:

provided that where the chairman or, in his absence or where there is a vacancy in the office of chairman, the vice-chairman, so determines on the ground that there are matters demanding urgent consideration, it shall be sufficient if the written notice of a meeting, and the copy of the agenda therefor, are given within such shorter period as he directs.

    (6) The power of the chairman or vice-chairman under paragraph (5) to direct that a meeting be held within a shorter period shall not apply in relation to any meeting at which the chairman's removal from office is to be considered in accordance with regulation 30 or a co-opted governor's removal is to be considered in accordance with regulation 19.

    (7) For the purposes of paragraph (5) - 

(a) notice of a meeting, and a copy of the agenda therefor, may be given to a person by leaving it at, or sending it by post to, his usual place of residence;

(b) "head teacher" means any head teacher entitled, by virtue of regulation 32, to attend the meeting of the governing body.

    (8) The convening of the meeting and the proceedings conducted thereat shall not be invalidated by reason of any individual not having received written notice of the meeting or a copy of the agenda therefor.

Rescission and variation of resolutions
     35. A resolution to rescind or vary a resolution carried at a previous meeting of the governing body shall not be proposed at a meeting of the governing body unless the consideration of the rescission or variation of the previous resolution is a specific item of business on the agenda for that meeting.

Termination and adjournment of meetings
     36.  - (1) If the number of members of the governing body who are present at the time and place appointed for a meeting thereof does not constitute a quorum for the purposes of regulation 37 the meeting shall not be held.

    (2) A meeting of the governing body shall be terminated forthwith if - 

(a) the governing body so resolve; or

(b) the number of members present ceases to constitute a quorum for a meeting of the governing body in accordance with regulation 37.

    (3) Where in accordance with paragraph (1) or (2) a meeting is not held or is terminated before all the matters specified as items of business on the agenda for the meeting have been disposed of, a further meeting shall be convened by the clerk to the governing body as soon as is reasonably practicable.

    (4) Where the governing body resolve in accordance with paragraph (2)(a) to adjourn a meeting before all the items of business on the agenda have been disposed of, the governing body shall before doing so determine the time and date at which a further meeting is to be held for the purposes of completing the consideration of those items, and they shall direct the clerk to the governing body to convene a meeting accordingly.

    (5) In any case falling within paragraph (4) above, the governing body may determine that the further meeting referred to in that paragraph shall be held at a date and time which, because of its proximity in time to the adjourned meeting, would not allow the clerk to the governing body a sufficient period for the purpose of giving the notice required by regulation 34:

provided that in such a case the clerk to the governing body shall use his best endeavours to secure that any member of the governing body not present at the first meeting is informed of the time and date of the further meeting.

Quorum
     37.  - (1) The quorum for a meeting of the governing body and any vote on any matter thereat shall subject to paragraph (2), be any three members of that body or, where greater, any one third (rounded up to a whole number) of the membership when complete.

    (2) Subject to paragraph (3) below, the quorum for the purposes of - 

(a) appointing a parent governor or partnership governor,

(b) co-opting governors (otherwise than as foundation governors),

(c) co-opting temporary governors[20],

(d) appointing members of, or determining any question relating to, any committee established under these Regulations or any head teacher or deputy head teacher selection panel under Schedule 16 or 17 to the 1998 Act,

(e) any vote on the removal of a member of the governing body in accordance with regulation 19,

(f) any vote on the removal of the chairman of the governing body in accordance with regulation 30, or

(g) making arrangements for an Education Action Forum[21] to discharge any function on behalf of the governing body or assume full responsibility for the discharge of any function of the governing body,

shall be two-thirds (rounded up to a whole number) of the persons who are at the time members of the governing body entitled to vote on those respective matters.

    (3) In any case to which paragraphs (3) and (4) of regulation 30 apply for the purposes of the removal of the chairman of the governing body, paragraph (2) shall have effect as if the reference to two-thirds were a reference to one-half.

Proceedings of the governing body
     38.  - (1) Subject to paragraph (2), every question to be decided at a meeting of the governing body shall be determined by a majority of the votes of the members present and voting on the question.

    (2) Where there is an equal division of votes the chairman or, as the case may be, the person who in accordance with regulation 29 is acting as chairman for the purposes of the meeting, shall have a second or casting vote.

    (3) The proceedings of the governing body of a school shall not be invalidated by - 

(a) any vacancy among their number;

(b) any defect in the election, appointment or nomination of any governor, or the continuation in office of any governor by virtue of the First Transitional Regulations or the Second Transitional Regulations; or

(c) the school having more governors of a particular category than are provided for by the instrument of government, pending removal of the surplus governors pursuant to paragraph 17 of Schedule 9 to the 1998 Act.

Minutes of meetings
     39.  - (1) The minutes of the proceedings of a meeting of the governing body shall, subject to paragraph (2), be drawn up and entered into a book kept for the purpose by the person acting as a clerk to the governing body for the purposes of the meeting; and shall be signed (subject to the approval of the governing body) at the same or next subsequent meeting by the person acting as a chairman thereof.

    (2) The minutes of proceedings of meetings may be entered on loose-leaf pages consecutively numbered; but in that case the person signing the minutes shall initial each page.

    (3) The person acting as the clerk to the governing body for the purposes of any meeting shall record immediately before the entry recording the minutes of that meeting in the book or pages used for that purpose the names of those members of the governing body and of any other person present at the meeting concerned.

    (4) On request made in that behalf by the local education authority by whom a school is maintained, in relation to a particular meeting or generally, that authority shall be supplied with a copy of the draft or signed minutes of the relevant meeting or (as the case may be) of any meeting of the governing body of the school.

Publication of minutes and papers
     40.  - (1) Subject to paragraph (2), the governing body shall ensure that a copy of - 

(a) the agenda for every meeting of the governing body,

(b) the draft minutes of every such meeting, if they have been approved by the person acting as chairman of that meeting.

(c) the signed minutes of every such meeting, and

(d) any report, document or other paper considered at any such meeting,

are, as soon as is reasonably practicable, made available at the school to persons wishing to inspect them.

    (2) There may be excluded from any item required to be made available in pursuance of paragraph (1), any material relating to - 

(a) a named teacher or other person employed, or proposed to be employed, at the school;

(b) a named pupil at, or candidate for admission to, the school; and

(c) any matter which, by reason of its nature, the governing body are satisfied should remain confidential.

    (3) This regulation does not apply in relation to temporary governing bodies of new schools.

Delegation of functions
     41.  - (1) Subject to any other statutory provision concerning the exercise of functions on behalf of the governing body and to regulation 42, the governing body of a school may, in such circumstances as they think fit, delegate any of the functions conferred on them by or under any enactment to any committee established by them or to any member of the governing body or the head teacher.

    (2) Where the governing body have delegated functions to an individual or committee under paragraph (1) or to a committee under regulation 42(4) or (5), this shall not prevent the governing body from exercising those functions themselves.

Restrictions on delegation
     42.  - (1) The governing body may not delegate under regulation 41(1) functions referred to in paragraphs (2) to (5) or functions relating to the powers conferred and the duties imposed on governing bodies by or under - 

(a) section 394 of the 1996 Act (which relates to application to advisory councils concerning the requirements for Christian collective worship);

(b) section 403 of the 1996 Act (which relates to sex education);

(c) section 406 and 407 of the 1996 Act (which relate to the prohibition of political indoctrination and the balanced treatment of political issues);

(d) section 457 of the 1996 Act (which relates to policies on charges and remissions);

(e) section 12(2)[22] of the 1998 Act (which relates to the making of arrangements for the discharge of governing body functions by or ceding of governing body functions to an Education Action Forum and the request to an Education Action Forum to cease discharging functions on their behalf);

(f) sections 28, 29, 30 or 31 of, or paragraph 10(4) of Schedule 6 to, the 1998 Act (which relate to alteration or discontinuance of maintained schools);

(g) sections 28 or 31 of the 1998 Act as they have effect (by virtue of regulations under Schedule 8 to the 1998 Act) in relation to proposals made under that Schedule (which relates to change of category of maintained schools);

(h) section 41 of the 1998 Act (which relates to the times of school sessions and the dates of school terms and holidays);

(i) section 42 of the 1998 Act (which relates to the governors' annual report to parents) in so far as approval of the governors' report is concerned;

(j) the local education authority's scheme under section 48(1) of the 1998 Act, to the extent that it requires the governing body to give their approval to the first formal budget plan of the financial year;

(k) section 61(1) to (3) of the 1998 Act (which relate to school discipline policies);

(l) sections 88, 89, 90(8) and 91 of the 1998 Act (which relate to determination of admission arrangements), section 90(1)[23] of the 1998 Act (which relates to the decision to object to the admissions arrangements of another admissions authority), section 93 of and Schedule 23 to the 1998 Act (which relate to fixing admission numbers and variation of standard numbers), and section 94 of the 1998 Act (in so far as it relates to the determination of appeal arrangements by the governing body);

(m) section 110(1) and (7) of the 1998 Act (which relate to adoption and review of home-school agreements);

(n) paragraph 4(4) or (5) of Schedule 11 to the 1998 Act (which relate to the regulation of procedure);

(o) paragraphs 6 of Schedule 16 and 7 and 30 of Schedule 17 to the 1998 Act (which relate to head teacher and deputy head teacher selection panels);

(p) paragraphs 10 to 16 of Schedule 16 and paragraphs 11 to 16 of Schedule 17 to the 1998 Act (which relate to appointment of teachers other than the head teacher or deputy head teacher)[24];

(q) paragraphs 27(2) of Schedule 16 and paragraph 24(2) of Schedule 17 to the 1998 Act (which relate to the making of arrangements for appeals in cases of dismissal);

(r) paragraph 2 of Schedule 20 to the 1998 Act (which relates to arrangements for collective worship);

(s) regulation 29 or 31 (which relate to the appointment of the chairman and vice-chairman of a governing body);

(t) regulation 30 (which relates to removal of the chairman of the governing body):

(u) regulation 34(1) or (2) (which relate to the requirement to hold a governing body meeting once a term, or a meeting of the temporary governing body, as often as occasion may require);

(v) statutory provisions relating to the decision to delegate functions, or the establishment, constitution and review of committees, including selection panels;

(w) statutory provisions relating to the contents, preparation or variation of the instrument of government;

(x) statutory provisions relating to the appointment, co-option or removal of governors including temporary governors; and

(y) Part III of the Education (School Information) (Wales) Regulations 1997[25] (which relates to information to be published by governing bodies) in so far as approval of the school prospectus (referred to in regulation 9 of those Regulations) is concerned.

    (2)

(a) The following functions of the governing body of a school shall be delegated to a committee, to be known as the staff dismissal committee, in accordance with regulation 47 - 


(i) at a community, voluntary controlled or community special school, the initial determination under paragraph 25 of Schedule 16 to the 1998 Act that any person employed by the local education authority to work at the school should cease to work there;

(ii) at a foundation, voluntary aided or foundation special school, the initial decision that a person employed to work at the school should have his contract of employment with the governing body terminated or should not have that contract renewed (except where the dismissal is pursuant to a direction of the local education authority under section 55(5) of the 1998 Act):

(iii) the hearing of representations in relation to a decision which must be delegated under this sub-paragraph.



(b) The hearing of any appeal in respect of a decision which must be delegated under sub-paragraph (a) shall be delegated to a committee, known as the dismissal appeal committee, in accordance with regulation 47.

    (3) The governing body of a school shall in accordance with regulation 48 establish a committee, to be known as the pupil discipline committee, to discharge the functions conferred on them by sections 65 to 68 of the 1998 Act (exclusion of pupils).

    (4) Any power of the governing body of a school to determine whether any child should be admitted to the school shall not be delegated to an individual, but may be delegated to a committee, to be known as an admissions committee, in accordance with regulation 49.

    (5) The functions of the governing body of a school - 

(a) under section 63 of the 1998 Act (school attendance targets),

(b) under section 439(7) of the 1996 Act (school attendance orders),

(c) under sections 95(2) and 97(3) of the 1998 Act (appeal against decision of the local education authority to admit a child and referral to the Secretary of State in respect of a direction made by the local education authority to admit a child), and

(d) which consist of the taking of any decision as to the particulars of premises to be submitted to the Secretary of State for approval under section 544 of the 1996 Act,

shall not be delegated to an individual but may be delegated to a committee.

Delegation of functions to the chairman and vice-chairman in cases of urgency
     43.  - (1) The chairman of the governing body of a school shall have power, where in his opinion the circumstances mentioned in paragraph (2) apply, to exercise any function of the governing body which can be delegated under regulation 41(1).

    (2) The circumstances are that a delay in exercising the function would be likely to be seriously detrimental to the interests of the school, or to the interests of any registered pupil at the school or his parent, or a person employed to work at the school.

    (3) In paragraph (2), "a delay" means a delay for a period extending beyond the day preceding the earliest date on which it would be reasonably practicable for a meeting of the governing body or a committee of the governing body to whom the function in question has been delegated to be held.

    (4) Where it appears to the vice-chairman that - 

(a) the circumstances mentioned in paragraph (2) apply, and

(b) the chairman (whether by reason of a vacancy in his office or otherwise) would be unable to exercise the function in question before the detriment referred to in that sub-paragraph is suffered,

the reference in paragraph (1) to the chairman shall have effect as if it were a reference to the vice chairman.

Reporting to the governing body following the exercise of delegated functions
     44.  - (1) This regulation applies where any function of the governing body of a school has been delegated to or is otherwise exercisable by a member of the governing body (including the chairman or vice-chairman), the head teacher, or a committee established by them.

    (2) Any member, head teacher or committee to whom a function of the governing body has been delegated or who has otherwise exercised a function of the governing body shall report to the governing body in respect of any action taken or decision made with respect to the exercise of that function at the meeting of the governing body immediately following the taking of the action or the making of the decision.

Staff dismissal committee and dismissal appeal committee
     47.  - (1) Subject to paragraph (6), the staff dismissal committee shall include not less than three members of the governing body.

    (2) The dismissal appeal committee shall include no fewer members of the governing body than the staff dismissal committee the decision of which is subject to appeal.

    (3) Where a dismissal appeal committee is considering an appeal against a decision of the staff dismissal committee, no member of the staff dismissal committee whose decision is subject to appeal shall take part in the proceedings of the dismissal appeal committee.

    (4) The head teacher of the school shall not be a member of the staff dismissal committee or the dismissal appeal committee.

    (5) No member of the staff dismissal committee or the dismissal appeal committee who is not a member of the governing body shall be entitled to vote in any proceedings of the committee in question.

    (6) Where it is not reasonably practicable for the staff dismissal committee and the dismissal appeal committee each to include three members of the governing body, the staff dismissal committee shall include two members of the governing body.

Pupil discipline committee
     48.  - (1) The pupil discipline committee referred to in regulation 42(3) shall consist of either three or five members of the governing body, but shall not include the head teacher.

    (2) The quorum for a meeting of the pupil discipline committee and any vote on any matter thereat shall be three members of the committee.

    (3) Despite regulation 42(3), the chairman of the pupil discipline committee may exercise any function conferred on the governing body by subsections (2) to (4) of section 66 of the 1998 Act in a case where - 

(a) a pupil has been excluded for a fixed period in circumstances in which he would, as a result of the exclusion, lose an opportunity to take any public examination; and

(b) it appears to the chairman that it would not be practical for a quorate meeting of the committee to take place for any purpose referred to in those subsections before the time when the pupil would be due to take that examination.

Admissions committee
     49.  - (1) Where the governing body establish an admissions committee under regulation 42(4) that committee shall consist of - 

(a) the head teacher of the school (who shall be entitled to vote whether or not he is a governor); and

(b) at least two other persons who are members of the governing body.

    (2) In the case of any school which has more than one head teacher, the reference in paragraph (1)(a) to the head teacher shall be interpreted as a reference to one of the head teachers.

Disqualification of members of governing body committees
     50.  - (1) No person shall be qualified for membership of a committee of a governing body of a school unless he is aged 18 or over at the date of his appointment.

    (2) Subject to paragraph (4) the following paragraphs of Schedule 6 shall apply so as to disqualify members of committees of the governing body who are not members of the governing body - 

(a) paragraph 2 (mental disorder);

(b) paragraph 5 (bankruptcy);

(c) paragraph 6 (disqualification of company directors);

(d) paragraph 7 (disqualification of charity trustees);

(e) paragraph 8 (list of persons whose employment is prohibited or restricted);

(f) paragraph 9 (persons disqualified for being proprietors of independent schools);

(g) paragraph 10 (criminal convictions).

    (3) Where, by virtue of paragraph (2) - 

(a) a person becomes disqualified for holding, or for continuing to hold office as a member of a committee of the governing body, and

(b) he is, or is proposed to become such a member,

he shall upon becoming so disqualified give written notice of that fact to the clerk to the governing body.

    (4) For the purposes of paragraph (2) - 

(a) in the provisions referred to in paragraph (2)(a) to (g), for references to "governor" there shall be substituted "member of a committee of the governing body"; and

(b) in paragraph 10 of Schedule 6 - 


(i) sub-paragraph (2) shall be omitted; and

(ii) there shall be omitted (in each place in which they appear) the words "or election", "or, as the case may be, on which he would otherwise have become a governor ex officio" and "or, as the case may be, since he became a governor ex officio.".

Clerks to committees
     51.  - (1)

(a) In establishing any committee referred to in regulations 47, 48 or 49, the governing body shall appoint a clerk to the committee.

(b) In establishing any other committee, the governing body may appoint a clerk to the committee.

    (2) The governing body of a school may dismiss any clerk appointed by them under paragraph (1).

    (3) On and after 1st April 2000 - 

(a) the clerk to any committee referred to in regulation 47, 48 or 49 shall not be a member of the governing body or a member of the committee concerned; and

(b) the head teacher shall not serve as clerk to any committee referred to in regulation 47, 48 or 49.

    (4) Notwithstanding paragraph (1), a committee of the governing body may, where their clerk fails to attend a meeting of theirs, appoint any one of their number to act as clerk for the purposes of that meeting.

Meetings of committees
     52.  - (1) Each member of a committee of the governing body of a school and the head teacher of the school shall be given, at least seven clear days before the date of a meeting - 

(a) notice in writing thereof; and

(b) a copy of the agenda for the meeting;

provided that where the chairman of the committee so determines on the ground that there are matters demanding urgent consideration, it shall be sufficient if the written notice of a meeting, and the copy of the agenda therefor, are given within such shorter periods as he directs.

    (2) For the purposes of paragraph (1) notice of a meeting, and a copy of the agenda therefor, may be given to a person by leaving it at, or sending it by post to, his usual place of residence.

Proceedings of committees
     53.  - (1) Subject to paragraph (2) every question to be decided at a meeting of a committee of the governing body shall be determined by a majority of the votes of the eligible members present and voting on the question, except that where there is an equal division of votes the person who is acting as chairman for the purposes of the meeting shall have a second or casting vote.

    (2) For the purposes of paragraph (1) an "eligible member" means any person entitled to vote in the proceedings of the committee in accordance with these Regulations.

    (3) The proceedings of a committee of the governing body shall not be invalidated by - 

(a) any vacancy among their number; or

(b) any defect in the appointment of any member of the committee.

    (4)

(a) Paragraph (1) is subject to paragraph 6(3) of Schedule 16 and paragraph 7(3) of Schedule 17 to the 1998 Act;

(b) Paragraphs (1) and (3) are subject to regulation 46(2)(f).

Minutes of meetings of committees
     54.  - (1) The minutes of the proceedings of a meeting of a committee of the governing body shall, subject to paragraph (2), be drawn up and entered into a book kept for the purpose by the person acting as a clerk to the committee for the purposes of the meeting; and shall be signed (subject to the approval of the committee) at the same or next subsequent meeting by the person acting as a chairman thereof.

    (2) The minutes of proceedings of meetings may be entered on loose-leaf pages consecutively numbered; but in that case the person signing the minutes shall initial each page.

    (3) The person acting as the clerk to a committee of the governing body for the purposes of any meeting shall record immediately before the entry recording the minutes of that meeting in the book or pages used for that purpose the names of those members of the committee and of any other person present at the meeting concerned.

    (4) On request made in that behalf by the local education authority by whom a school is maintained, in relation to a particular meeting or generally, that authority shall be supplied with a copy of the draft or signed minutes of the relevant meeting or (as the case may be) of any meeting of a committee of the governing body of the school.

Publication of minutes and papers of committees
     55.  - (1) Subject of paragraph (2), a committee of the governing body shall ensure that a copy of - 

(a) the agenda for every meeting of the committee,

(b) the draft minutes of every such meeting, if they have been approved by the person acting as chairman of that meeting,

(c) the signed minutes of every such meeting, and

(d) any report, document or other paper considered at any such meeting,

are, as soon as is reasonably practicable, made available at the school to persons wishing to inspect them.

    (2) There may be excluded from any item required to be made available in pursuance of paragraph (1) any material relating to - 

(a) a named teacher or other person employed, or proposed to be employed, at the school;

(b) a named pupil at, or candidate for admission to, the school; and

(c) any matter which, by reason of its nature, the committee are satisfied should remain confidential.

    (3) This regulation does not apply to a committee of a temporary governing body.

Access to committee meetings
     56.  - (1) Where two or more schools are to be discontinued ("the discontinued schools") and the registered pupils at those schools, or a substantial number of those pupils, are expected to transfer to a new school, the head teachers of the discontinued schools shall be entitled to attend any meeting of a committee of the temporary governing body of the new school until a head teacher is appointed for that new school, subject, however, to Part VII.

    (2) Any question whether any person who is not - 

(a) a member of a committee of the governing body, or the clerk to the committee, or

(b) a head teacher entitled under this regulation to attend meetings of the committee,

should be allowed to attend any meetings thereof shall be determined by the committee concerned.

(a) at least 50 per cent of the registered pupils at the school are boarders; and

(b) it would, in the opinion of the appropriate authority, be impracticable for there to be an election of parent governors.

     3. In the case of a school which is a community or foundation special school established in a hospital, parent governors shall be appointed by the governing body, where, in the opinion of the appropriate authority, it is likely to be impracticable for there to be an election of parent governors.

     4. At any maintained school to which this Schedule applies, the number of parent governors required shall be made up by parent governors appointed by the governing body if - 

(a) one or more vacancies of parent governors are required to be filled by election; and

(b) the number of parents standing for election is less than the number of vacancies.

     5. Except where paragraph 6 applies, in appointing a parent governor[29] under this Schedule the governing body shall appoint - 

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

(b) where it is not reasonably practicable to do so, a person who is the parent of a child of compulsory school age.

     6.  - (1) Where the school is a community or foundation special school not established in a hospital, in appointing a parent governor under paragraph 2(2) or 4, the governing body shall appoint - 

(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 a 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.

    (2) The governing body shall only appoint a person referred to in sub-paragraph (1)(b), (c) or (d) if it is not reasonably practicable to appoint a person referred to in the provision in that sub-paragraph which immediately precedes it.

(a) in the case of a person nominating himself, he considers himself to be from the community served by the school and committed to the good government and success of the school; and

(b) in any other case, he is satisfied that the nominee or appointee appears to be from the community served by the school and committed to the good government and success of the school.

     3.  - (1) In the case of a school which will be or is a foundation special school without a foundation, the governing body shall in appointing partnership governors secure that at least one partnership governor is a person with experience of education for children with special educational needs.

    (2) In seeking nominations for partnership governors for a school within sub-paragraph (1) the governing body shall take such steps as are reasonably practicable to secure that persons making nominations are aware of the requirement in that sub-paragraph.

     4. Where a partnership governor is required, the governing body shall take such steps as are reasonably practicable to secure that every person who is known to them to be a parent of a registered pupil at the school is - 

(a) informed that he is entitled to nominate persons for appointment as partnership governors; and

(b) informed about the procedures to be followed in making nominations.

     5. Subject to paragraph 7(2), no member of the governing body may nominate a person for appointment as a partnership governor.

     6. The governing body shall make all necessary arrangements for, and determine all other matters relating to, the nomination of partnership governors.

     7.  - (1) The governing body shall appoint such number of partnership governors as are required by the instrument of government from among eligible nominees.

    (2) If - 

(a) the number of eligible nominees is less than the number of vacancies, or

(b) in the case of a foundation special school at which a partnership governor with experience of education for children with special educational needs is required, no eligible nominee has such experience,

the number of partnership governors required shall be made up by persons selected by the governing body who are eligible and meet the requirements for appointment.

     8. Where the governing body make an appointment under paragraph 7(2) having rejected any person nominated by a parent or the community served by the school they shall explain the reason for that decision to the local education authority and the person rejected.

(a) within the period of five years ending with the date immediately preceding the date on which his appointment or election as governor would otherwise have taken effect or, as the case may be, on which he would otherwise have become a governor ex officio, or

(b) since his appointment or election as governor or, as the case may be, since he became a governor ex officio,

he has been convicted, whether in the United Kingdom or elsewhere, of any offence and has had passed on him a sentence of imprisonment (whether suspended or not) for a period of not less than three months without the option of a fine.

    (4) This sub-paragraph applies to a person if within the period of 20 years ending with the date immediately preceding the date on which his appointment or election as governor would otherwise have taken effect or, as the case may be, on which he would otherwise have become a governor ex officio, he has been convicted as aforesaid of any offence and has had passed on him a sentence of imprisonment for a period of not less than two and a half years.

    (5) This sub-paragraph applies to a person if he has at any time been convicted as aforesaid of any offence and he has had passed on him a sentence of imprisonment for a period of not less than five years.

    (6) For the purposes of sub-paragraphs (3) to (5) above, there shall be disregarded any conviction by or before a court outside the United Kingdom of an offence which, if the facts giving rise to the offence had taken place in any part of the United Kingdom, would not have constituted an offence under the law in force in that part of the United Kingdom.

    (7) This sub-paragraph applies to a person if - 

(a) within the period of five years ending with the date immediately preceding the date on which his appointment or election as governor would otherwise have taken effect or, as the case may be, on which he would otherwise have become a governor ex officio, or

(b) since his appointment or election as governor, or, as the case may be, since he became a governor ex officio,

he has been convicted under section 547 of the 1996 Act (nuisance and disturbance on education premises) of an offence which took place on the premises of a school maintained by a local education authority or a grant-maintained school, and has been sentenced to a fine.

Notification to clerk
     11. Where, by virtue of any of paragraphs 5 to 10 - 

(a) a person becomes disqualified for holding, or for continuing to hold, office as a governor of a school, and

(b) he is, or is proposed, to become such a governor,

he shall upon becoming so disqualified give written notice of that fact to the clerk to the governing body of the school.

Co-opted governor
     12. A person shall be disqualified for appointment as a co-opted governor of a school other than an additional co-opted governor if he is - 

(a) a registered pupil at the school;

(b) eligible to be a staff governor or a teacher governor at the school; or

(c) an elected member of the local education authority.

Parent governor
     13. A person shall be disqualified for appointment[37] as a parent governor of a school if he is - 

(a) an elected member of the local education authority,

(b) an employee of the local education authority, or

(c) an employee of the governing body of any school maintained by the local education authority,

unless he is a parent of a registered pupil at the school.

     14. A person shall not be disqualified for continuing to hold office as a parent governor when he ceases to be a parent of a registered pupil at the school or to fulfil any of the requirements set out in paragraphs 5 or 6 of Schedule 2.

Partnership governors
     15. A person shall be disqualified for nomination or appointment as a partnership governor of a school if he is - 

(a) a parent of a registered pupil of the school;

(b) eligible to be a staff governor or a teacher governor at the school; or

(c) an elected member or employee of the local education authority.

Teacher and staff governors
     16. A teacher governor or a staff governor at a school shall, upon ceasing to be employed at the school, be disqualified for continuing to hold office as such a governor.