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School Governance (Constitution) (England) Regulations 2003

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  1. Introductory Text

  2. PART 1 Introduction

    1. 1.Citation and commencement

    2. 2.Revocations savings and amendments

    3. 3.Interpretation

  3. PART 2 Categories of Governor

    1. 4.Parent governors

    2. 5.Staff governors

    3. 6.LEA governors

    4. 7.Community governors

    5. 8.Foundation governors

    6. 9.Partnership governors

    7. 10.Sponsor governors

    8. 11.Associate members

  4. PART 3 Composition of governing bodies

    1. 12.General principles

    2. 13.Community schools, maintained nursery schools and community special schools

    3. 14.Foundation schools and foundation special schools

    4. 15.Voluntary controlled schools

    5. 16.Voluntary aided schools

    6. 17.Notification of appointments

    7. 18.Joint appointments

    8. 19.Surplus governors

  5. PART 4 Qualifications and tenure of office

    1. 20.Qualifications and disqualifications

    2. 21.Term of office

    3. 22.Resignation

    4. 23.Removal of LEA and foundation governors

    5. 24.Removal of community governors and sponsor governors

    6. 25.Removal of appointed parent governors

    7. 26.Procedure for removal of governors by the governing body

  6. PART 5 Instrument of Government

    1. 27.Interpretation of “appropriate diocesan authority” and “appropriate religious body”

    2. 28.Duty to have regard to guidance

    3. 29.Contents and form of instrument of government

    4. 30.Procedure for making an instrument

    5. 31.Review of instruments of government

    6. 32.Other requirements relating to instruments of government

    7. 33.Duty to secure making of instruments of government

  7. PART 6 Transitional Provision

    1. 34.Transitional provision

  8. Signature

    1. SCHEDULE 1

      Election and appointment of parent governors

      1. 1.Subject to paragraphs 2 and 3 in this Schedule “appropriate...

      2. 2.Where a local education authority is the appropriate authority in...

      3. 3.The local education authority shall be the appropriate authority in...

      4. 4.Subject to paragraphs 5 to 8 the appropriate authority must...

      5. 5.The power conferred by paragraph 4 does not include power...

      6. 6.Any election which is contested must be held by ballot....

      7. 7.(1) The arrangements made under paragraph 4 must provide for...

      8. 8.Where a vacancy for a parent governor arises, the appropriate...

      9. 9.The number of parent governors required must be made up...

      10. 10.(1) Except where paragraph 11 applies, the governing body must...

      11. 11.(1) Where the school is a community special school or...

    2. SCHEDULE 2

      Election of staff governors

      1. 1.In this Schedule “appropriate authority” has the same meaning as...

      2. 2.Where an authority is the appropriate authority in relation to...

      3. 3.Subject to paragraphs 4 and 5, the appropriate authority must...

      4. 4.The power conferred by paragraph 3— (a) includes the power...

      5. 5.Any election which is contested must be held by ballot....

    3. SCHEDULE 3

      Appointment of community governors at community special schools and foundation special schools

      1. 1.Subject to paragraphs 2 and 3, the governing body of...

      2. 2.(1) In relation to a community special school or foundation...

      3. 3.The governing body of a community special school or a...

    4. SCHEDULE 4

      Appointment of partnership governors

      1. 1.Where a partnership governor is required, the governing body must...

      2. 2.No person may nominate for appointment, or appoint, a person...

      3. 3.Subject to paragraph 4(2), no governor may nominate a person...

      4. 4.(1) The governing body must appoint such number of partnership...

      5. 5.Where the governing body makes an appointment under paragraph 4(2),...

      6. 6.The governing body must make all necessary arrangements for and...

    5. SCHEDULE 5

      Appointment of sponsor governors

      1. 1.In this Schedule, “sponsor” in relation to a school means—...

      2. 2.Where the school has one or more sponsors, the governing...

      3. 3.The governing body must seek nominations for such appointments from...

    6. SCHEDULE 6

      Qualifications and disqualifications

      1. 1.General

      2. 2.No person shall at any time hold the office of...

      3. 3.Save as otherwise provided in these Regulations, the fact that...

      4. 4.Mental disorder

      5. 5.Failure to attend meetings

      6. 6.Bankruptcy

      7. 7.Disqualification of company directors

      8. 8.Disqualification of charity trustees

      9. 9.Persons whose employment is prohibited or restricted

      10. 10.Criminal convictions

      11. 11.Refusal to make an application for a criminal records certificate

      12. 12.Notification to clerk

    7. SCHEDULE 7

      Transitional Provisions

      1. 1.In this Schedule— “current governing body” means a governing body...

      2. 2.On or after the date on which an instrument of...

      3. 3.For the purposes of paragraph 2, the corresponding categories shall...

      4. 4.A current governor will hold office as a governor of...

      5. 5.This Schedule does not prevent a current governor from—

      6. 6.A current governor, who continues as a governor after an...

  10. Explanatory Note

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