(a) the constitution, membership and proceedings of any committee of the governing body shall be determined by the governing body;

(b) the establishment, terms of reference, constitution and membership of any committee of the governing body shall be reviewed at least once in every twelve months;

(c) the membership of any committee of the governing body may include persons who are not members of the governing body, provided that a majority of members of any such committee shall be members of the governing body;

(d) subject to sub-paragraph (e), the members of the committee who are not members of the governing body shall not be entitled to vote in any proceedings of the committee;

(e) the governing body may determine that some or all of the members of a committee who are not members of the governing body shall be entitled to vote in any proceedings of the committee;

(f) no vote on any matter shall be taken at a meeting of a committee of the governing body unless the majority of members of the committee present are members of the governing body of the school;

(g) the chair at any meeting of a committee of the governing body shall be taken by the chairman thereof, except that when he is absent those present shall elect from among their number a person to take the chair at the meeting during such absence;

(h) no person who is-


(i) employed to work at the school;

(ii) a registered pupil thereat; or

(iii) not a member of the governing body, shall act as chairman of a committee of the governing body.

(a) any reference to a school is a reference to a maintained school or a new school;

(b) "relevant person" means a member of the governing body, a member of a committee of the governing body, the head teacher or any person acting as clerk to the governing body or committee;

(c) any reference, however expressed, to a committee of the governing body includes, where applicable, a selection panel.

    (2) Subject to any exception in these Regulations and to any other statutory provision-

(a) where in relation to any matter there may be a conflict between the interests of a relevant person and the interests of the governing body; or

(b) where a fair hearing is required and there is any reasonable doubt about a relevant person's ability to act impartially in relation to any matter, that person, if present at a meeting of the governing body or a committee of the governing body at which the matter is the subject of consideration, shall withdraw from the meeting and not vote on the matter in question.

    (3) Nothing in this regulation or in Schedule 6 shall be construed as precluding the governing body, or a committee of the governing body-

(a) from allowing a person who appears to them to be able to give evidence to attend any hearing conducted by them into any matter and to present his evidence; or

(b) from hearing representations from a relevant person acting in a capacity other than that of a relevant person.

    (4) Any person who is acting as the clerk to the governing body or a committee of the governing body shall not be required to withdraw from a meeting by this regulation or Schedule 6 unless his pay or disciplinary action against him is the subject of consideration, but if this regulation or Schedule 6 would have otherwise required him to withdraw, he shall not act in any capacity other than that of clerk.

    (5) A governor or member of a committee of the governing body shall not be prevented from considering or voting upon any matter by reason that he is a governor or a member of a committee of the governing body at more than one school and that the interests of any school at which he is a governor or a member of a committee conflict with the interests of any other school at which he is a governor or a member of a committee.

    (6) Where there is any dispute as to whether a relevant person is required by this regulation or by Schedule 6 to withdraw from a meeting and not vote, that question shall be determined by the other members of the governing body or, as the case may be, the other members of the committee present at the meeting.

    (7) Schedule 6 makes provision in connection with specified conflicts of interest and cases where a relevant person is required to withdraw from a meeting and not vote.

(a) qualifications and disqualifications for office, terms of office and removal of governors; and

(b) clerks to, and chairmen and vice chairmen of, governing bodies, of maintained schools and new schools on transition to the new framework under the 1998 Act.

    (2) Schedule 7 amends the First Transitional Regulations and the Second Transitional Regulations, insofar as they apply to England.


Estelle Morris
Minister of State, Department for Education and Employment

28th July 1999

(a) in relation to a community, community special or voluntary controlled school, the local education authority, and

(b) in relation to a voluntary aided, foundation or foundation special school, the governing body.

     2. Where a local education authority is the appropriate authority in relation to a school, that authority may delegate to the head teacher of the school any of their functions under this Schedule except their functions under paragraph 4.

     3. The local education authority shall be the appropriate authority in relation to a school within paragraph 1(b) if the governing body and the local education authority so agree.

     4. The appropriate authority shall determine-

(a) for the purposes of an election of parent governors, any question whether a person is a parent of a registered pupil at the school;

(b) for the purposes of an election of teacher governors, any question whether a person is a teacher at the school;

(c) for the purposes of an election of staff governors, any question whether a person is employed under a contract of employment or a contract for services to work at the school otherwise than as a teacher.

     5. Subject to paragraphs 6 to 9, the appropriate authority shall make all necessary arrangements for, and determine all other matters relating to, an election of parent governors, teacher governors, or staff governors.

     6. The power conferred by paragraph 5-

(a) includes power to make provision as to qualifying dates, but

(b) does not include power to impose any requirement as to the minimum number of votes required to be cast for a candidate to be elected.

     7. Any election of parent governors, teacher governors or staff governors which is contested shall be held by secret ballot.

     8. The arrangements made under paragraph 5 shall, in the case of any election of a parent governor, provide for every person who is entitled to vote in the election to have an opportunity to do so by post, or, if he prefers, by having his ballot paper returned to the school by a registered pupil at the school.

     9. Where a vacancy for a parent governor is required to be filled by election, the appropriate authority 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 of the vacancy and that it is required to be filled by election;

(b) informed that he is entitled to stand as a candidate, and vote, at the election; and

(c) given an opportunity to do so.