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The Education (School Government) (England) Regulations 1999

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Regulation 58

SCHEDULE 7TRANSITIONAL PROVISIONS

Qualifications and Disqualifications

1.  Regulation 15 and Schedule 5 shall apply in relation to any member of a transitional governing body constituted under an instrument of government in accordance with regulation 18(2) of the First Transitional Regulations but shall not apply in relation to any member of–

(a)a transitional governing body constituted under regulation 19 of the First Transitional Regulations; or

(b)a transitional governing body, a GM transitional governing body, or a grouped transitional governing body within the meaning of the School Organisation Regulations(1).

2.  In relation to England, regulation 23 of and Schedule 6 to the First Transitional Regulations, and regulations 21, 40 and 53 of, and Schedule 6 to the School Organisation Regulations, are revoked.

3.—(1) In relation to England, for regulation 13(10) of the First Transitional Regulations there is substituted the following paragraph–

(10) This regulation is subject to regulation 14 (surplus governors) and paragraphs 1 to 11, 14 and 16 of Schedule 5 to the Education (School Government) (England) Regulations 1999 (qualifications and disqualifications)..

(2) In relation to England, for regulation 33(8) of the School Organisation Regulations there is substituted the following paragraph–

(8) This regulation is subject to regulation 34 (surplus governors) and paragraphs 1 to 11, 14 and 16 of Schedule 5 to the Education (School Government) (England) Regulations 1999 (qualifications and disqualifications)..

Term of office

4.—(1) A governor who continues as a governor of a school (other than as head teacher or as an ex officio foundation governor) pursuant to regulation 13 of the First Transitional Regulations, regulation 13 of the First Transitional Regulations as it applies by virtue of regulation 20 of those Regulations, or regulation 33 of the School Organisation Regulations, shall hold office for the remainder of the term for which he was originally appointed or elected, but for no longer than four years from 1st September 1999.

(2) A governor appointed by the local education authority under regulation 19(4) of the First Transitional Regulations or regulation 30(4) of the School Organisation Regulations shall hold office for a term of four years.

(3) In relation to England, for regulation 57(7) of the School Organisation Regulations there shall be substituted the following paragraph–

(7) Subject to paragraph (6), any governor to whom this regulation applies, other than a governor appointed by the Secretary of State under section 18 of the 1998 Act, shall hold office for the remainder of the term for which he was appointed, but for no longer than four years from the appointed day..

5.  Any co-opted governor (other than an additional co-opted governor) appointed for the purposes of the constitution or reconstitution of the governing body and referred to in regulation 14(3), 35(1) or 47(3) of the School Organisation Regulations shall hold office for the term of one year.

6.  In relation to England, the following regulations are revoked–

(a)regulation 22 of the First Transitional Regulations;

(b)regulations 20, 39 and 52 of the School Organisation Regulations.

Removal

7.—(1) For the purposes of regulation 18(1), any initial foundation governor (within the meaning of the 1996 Act) on the transitional governing body of a former grant-maintained school under regulation 19 of the First Transitional Regulations shall be treated as having been appointed by the person or persons entitled immediately before 1st September 1999 to appoint foundation governors under provision included in the instrument of government (in accordance with section 228(7)(b) of the 1996 Act).

(2) The power of removal in regulation 18(1) does not apply in respect of–

(a)a first governor within the meaning of the 1996 Act; or

(b)a parent governor within the meaning of the 1996 Act who has been appointed rather than elected.

(3) The power of removal in regulation 18(4) does not apply in respect of any co-opted governor on transition to the new schools framework under the 1998 Act unless the governing body conducting the school is constituted or partly constituted under the instrument of government.

Clerks and chairmen at new schools on transition to the new framework

8.—(1) This paragraph applies in relation to a school or proposed school–

(a)to which regulation 13 of the School Organisation Regulations applies; or

(b)to which regulation 13 of the School Organisation Regulations applies.

(2) In this paragraph, “transitional governing body” has the meaning in the School Organisation Regulations.

(3) Where this paragraph applies, the person who on 31st August 1999 was the clerk to or the chairman or vice-chairman of the temporary governing body (within the meaning of the 1996 Act) shall continue in office from 1st September 1999 on the temporary governing body or transitional governing body, as the case may be.

(4) Subject to sub-paragraph (3), provisions in Part IV relating to the clerk to the temporary governing body, and provisions in regulation 31 relating to the chairman and vice-chairman of the temporary governing body, shall apply in relation to the clerk, chairman and vice-chairman (as the case may be) of any school to which this paragraph applies.

Clerks at degrouping schools

9.—(1) In this regulation “grouped school” means any school treated for the purposes of the School Organisation Regulations as a school grouped under section 89 or 280 of the Education Act 1996 immediately before 1st September 1999 and “grouped governing body” means the governing body of such a school as constituted under the 1996 Act or regulation 49 of the School Organisation Regulations, as the case may be.

(2) The person who was the clerk to the grouped governing body shall act as clerk to each governing body constituted under an instrument of government who succeed them in accordance with the School Organisation Regulations, pending the appointment of each such governing body’s clerk.

Amendment of the First and School Organisation Regulations in relation to co-opted governors

10.—(1) In relation to England, the First Transitional Regulations are amended–

(a)by the omission of regulation 16(3) and the omission of the word “additional” in regulation 16(4);

(b)by the omission of Schedule 3 to those Regulations.

(2) In relation to England, the School Organisation Regulations are amended–

(a)by the omission of regulation 16(2) and the omission of the word “additional” in regulation 16(3);

(b)by the omission of regulation 36(3) and the omission of the word “additional” in regulation 36(4);

(c)by the omission of Schedule 3.

Miscellaneous

11.  In relation to England, in regulation 42(2)(b) of the School Organisation Regulations after “paragraph 4 or 9 of” there shall be inserted “Schedule 6 to”.

(1)

The First Transitional Regulations and the School Organisation Regulations provide for disqualification requirements in relation to members of the transitional governing bodies specified in paragraph 1(a) and (b) of Schedule 7 to follow disqualification requirements under the 1996 Act.

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