School Governance (Constitution) (England) Regulations 2003

(Regulation 34)

SCHEDULE 7Transitional Provisions

1.  In this Schedule—

“current governing body” means a governing body constituted under an instrument of government that is in effect before 1st September 2003; and

“current governor” means any person who is appointed to or elected to office as a member of a current governing body on or before 1st September 2003 but not to any person who is reappointed or re-elected to such office after that date.

2.  On or after the date on which an instrument of government made in accordance with these Regulations becomes effective, a current governor will continue as a governor of the corresponding category of governor required by the instrument of government, as if he had been appointed to or elected to such category in accordance with these Regulations, even if he does not conform to the relevant requirements imposed by these Regulations for a governor of that category.

3.  For the purposes of paragraph 2, the corresponding categories shall be as follows—

Category of current governorCategory of governor under these Regulations
Co-opted governorCommunity governor
Representative governorCommunity governor appointed in accordance with regulation 7(2)
Foundation governor (including ex officio foundation governor)Foundation governor
LEA governorLEA governor
Parent governorParent governor
Partnership governorPartnership governor
Staff governorStaff governor
Teacher governorStaff governor
Head teacher (ex officio governor)Staff governor

4.  A current governor will hold office as a governor of the corresponding category of governor under these Regulations until—

(a)the term of office that applied at the date of his election or appointment as a current governor would have expired,

(b)he resigns his office,

(c)he becomes disqualified from holding or continuing to hold office as a governor under these Regulations, or

(d)31st August 2006

which ever is the earlier.

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

(a)being elected or appointed as a governor of any category required by the instrument of government for a further term, save as otherwise provided in these Regulations; or

(b)being removed from office under regulations 23 to 26.

6.  A current governor, who continues as a governor after an instrument of government made in accordance with these Regulations becomes effective, shall be included in calculating the number of governors required in each category under the instrument of government.