The Education (New Schools) (England) Regulations 1999

Size of the governing body

17.—(1) Subject to paragraph (2), wherever the relevant paragraphs provide a discretion as to the number of governors of a particular category to be included on the governing body, the number of temporary governors of the corresponding category included on the temporary governing body shall be the lower number permitted under the relevant paragraphs.

(2) In the case of any new school treated by virtue of regulation (10(2)(i) as having less than one hundred pupils, or any new school which is or will be a community or foundation school—

(a) the local education authority, where the new school is or will be a community, community special, voluntary controlled or foundation special school, or a foundation school proposals for the establishment of which were published by a local education authority; or

(b) the promoters, where the new school is or will be a voluntary aided school or a foundation school proposals for the establishment of which were published by promoters,

shall determine whether a temporary staff governor should be included on the temporary governing body of the new school.

(3) For the purposes of calculating the number of temporary foundation governors required at a voluntary aided school under the relevant paragraphs, it shall be assumed that a head teacher has been appointed and is a member of the temporary governing body.