The Education (Initial Government of Grant-maintained Special Schools) Regulations 1994

Teacher governors

3.—(1) Paragraph 6(1) shall have effect in relation to the initial instrument of government as if for “either one or two teacher governors” there were substituted—

“such number of teacher governors (being either one or two) as is specified in the proposals made under section 183(3)(a) or, as the case may be, 186 of this Act”.

(2) Paragraph 6 shall have effect in relation to teacher governors holding office, elected or appointed, before the date of implementation of the proposals as if—

(a) in sub-paragraph (2), there were inserted at the beginning “Subject to sub-paragraph (3A) and (8) below and any provisions contained in regulations made under section 186 of this Act”;

(b) after sub-paragraph (3) there were inserted—

“(3A) For the purposes of this paragraph “teacher governor” includes, in the case of a governing body incorporated in pursuance of proposals under section 186 of this Act, any person who, in accordance with that section, became such a governor on the incorporation date in relation to the school.”;

(c) in sub-paragraph (4), there were inserted at the beginning “Subject to sub-paragraphs (5) and (6) below”; and

(d) after sub-paragraph (4) there were added—

“(5) In the case of a governing body incorporated in pursuance of proposals under section 186 of this Act, the instrument of government shall, until every person who became a teacher governor on the incorporation date in relation to the school has ceased to hold office, provide—

(a) where a person who became a teacher governor on the incorporation date in relation to the school was a governor of that category on the governing body of the school immediately before that date, for that person to hold office for the remainder of his term of office on the former governing body, and

(b) where a person who became a teacher governor on the incorporation date in relation to the school was elected, appointed or nominated to hold office as such under regulations made under that section, for that person to hold office for a term of four years beginning with the incorporation date.

(6) In the case of a governing body incorporated in pursuance of proposals under section 183(3)(a) of this Act, the instrument of government must, until every teacher governor appointed before the date of implementation of the proposals has ceased to hold office, provide for any such governor to hold office—

(a) until the end of the first school term following the date of implementation of the proposals, or

(b) (if that period would exceed four years) for a term of four years.

(7) In the case of a governing body incorporated in pursuance of proposals under section 186 of this Act, in relation to the election of a person as a teacher governor to that governing body during the period beginning with the incorporation date and ending immediately before the date of implementation of the proposals—

(a) section 15(2) to (6) of the Education (No. 2) Act 1986 shall apply as it applies in relation to the election of a teacher governor to the existing governing body of the school, and

(b) the governing body incorporated in pursuance of proposals under section 186 of this Act shall inform the authority responsible for election arrangements under that Act of any vacancy arising for a teacher governor,

and the instrument of government shall have effect accordingly.

(8) In the case of a governing body incorporated in pursuance of proposals under section 183(3)(a) of this Act, the instrument of government shall have effect as if—

(a) before the date of implementation of the proposals the governing body had power to appoint as teacher governors persons who satisfy the requirements specified in sub-paragraph (9) below, and

(b) the first appointments were to be made before that date.

(9) The requirements referred to in sub-paragraph (8)(a) above are that the person appointed is, or has been, employed to work as a teacher at a special school.”.