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In exercise of the powers conferred on the Secretary of State by sections 44(5) and (6), 138(7) and (8), and 144 of, and paragraphs 4, 5, 15(1) and (2), 16 and 17 of Schedule 9, paragraph 1 of Schedule 10, paragraphs 1 to 5 and 8 of Schedule 11 and paragraphs 4 and 5 of Schedule 12 to, the School Standards and Framework Act 1998[1] and all other enabling powers, the Secretary of State for Education and Employment hereby makes the following Regulations:

"the 1996 Act" means the Education Act 1996[2];

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

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

"co-opted governor" includes an additional co-opted governor;

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

"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;

"the First Transitional Regulations" means the Education (School Government) (Transition to New Framework) Regulations 1998[3];

"the head teacher", if there is more than one head teacher of the school in accordance with the Education (Head Teachers) Regulations 1999[4], 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 for which there is a temporary governing body constituted under section 44 of the 1998 Act, 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[5];

"the Second Transitional Regulations" means the Education (Transition to New Framework) (New Schools, Groups and Miscellaneous) Regulations 1999[6];

"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 of England or Roman Catholic Church school)	section 142(1) and (4) of the 1998 Act;
"Education Action Forum"	section 11(2) of the 1998 Act;
"education action zone"	section 10(1) 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;
"temporary governing body" and "temporary governors"	section 44 of the 1998 Act, 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, or the governing body of a school, is a reference to the governing body or temporary governing body (however constituted[7]) 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[9].

    (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 and partnership 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[10].

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

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 the expiry of that term to the person or persons entitled to appoint a person to that office.

    (3) Paragraphs (1) and (2) 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;

(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 Secretary of State.

Elections
     12. Schedule 4 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)[11] 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 as governor 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 as governor 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 these regulations a "nominating body" means any person from whom nominations were sought for the purpose of appointing, and who nominated, 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 (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 (although the nominating body may also make representations if they so wish) and the governor whom it is proposed to remove shall be given an opportunity to make a statement in response.

    (4) In relation to the removal of a co-opted governor (other than 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 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[12] 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) 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 determine 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 provisions 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 to the governing body 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.

[2] 1996 c. 56.back

[3] S.I. 1998/2763.back

[4] S.I. 1999/1287.back

[5] S.I. 1999/704.back

[6] S.I. 1999/362.back

[7] See for the purposes of the composition of governing bodies on transition to the new schools framework, regulations 18 and 19 of the First Transitional Regulations, regulations 13, 30 and 49 of the Second Transitional Regulations and regulation 13 of the School Organisation Regulations.back

[8] This Part should be read together with Schedules 9 and 12 to the 1998 Act. The constitution or reconstitution of the governing body under the first instrument of government made on transition for the new schools framework is dealt with in the First Transitional Regulations, or the Second Transitional Regulations.back

[9] The procedure for varying the instrument of government is in paragraph 4 of Schedule 12 to the 1998 Act.back

[10] Generally parent governors are elected. See paragraph 4 of Schedule 9 to the 1998 Act.back

[11] Excess foundation governors are to be eliminated in accordance with the procedure set out in the instrument of government for the school.back

[12] Part VIII of these Regulations contains provisions relating to clerks to governing bodies and temporary governing bodies on transition to the new schools framework under the 1998 Act.back