The School Governance (Constitution) (England) Regulations 2012

  1. Introductory Text

  2. PART 1 Introduction

    1. 1.Citation, commencement and application

    2. 2.These Regulations apply to a governing body if—

    3. 3.These Regulations apply only in relation to maintained schools in...

    4. 4.Revocation of Constitution Regulations 2007, saving and transitional provisions

    5. 5.Interpretation

  3. PART 2 Categories of governor

    1. 6.Parent governor

    2. 7.Staff governor

    3. 8.Local authority governor

    4. 9.Foundation governor

    5. 10.Partnership governor

    6. 11.Co-opted governor

    7. 12.Associate members

  4. PART 3 Constitution of governing bodies

    1. 13.Requirements for all maintained schools

    2. 14.Additional requirements for foundation and voluntary schools

    3. 15.Surplus governors

  5. PART 4 Notification of appointments, term of office, removal and disqualification

    1. 16.Notification of appointments

    2. 16A.Criminal record certificates

    3. 17.Qualifications and disqualifications

    4. 18.Term of office

    5. 19.Resignation

    6. 20.Removal of foundation governors

    7. 21.Removal of ex officio foundation governors

    8. 22.Removal of local authority governors

    9. 23.Removal of co-opted governors and partnership governors

    10. 24.Removal of appointed parent governors

    11. 24A.Removal of elected parent governors or staff governors

    12. 25.Procedure for removal of governors by the governing body

  6. PART 5 Instruments of government

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

    2. 27.Duty to have regard to guidance

    3. 28.Contents and form of instrument of government

    4. 29.Procedure for making the instrument

    5. 30.Review of instrument of government

    6. 31.Copies of instruments of government

  7. PART 6 Amendments to the School Governance (New Schools) (England) Regulations 2007

    1. 32.Amendments to the School Governance (New Schools) (England) Regulations 2007

  8. Signature

    1. SCHEDULE 1

      Election and appointment of parent governors

      1. 1.“Appropriate authority” means— (a) in relation to a community school,...

      2. 2.Where a local authority are the appropriate authority in relation...

      3. 3.The local authority may be the appropriate authority in relation...

      4. 4.The appropriate authority must make all the necessary arrangements for...

      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...

      12. 12.The governing body may only appoint as a parent governor...

    2. SCHEDULE 2

      Election of staff governors

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

      2. 2.Where a local authority are the appropriate authority in relation...

      3. 3.The appropriate authority must make all the necessary arrangements for...

      4. 4.The power conferred by paragraph 3 does not include power...

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

    3. SCHEDULE 3

      Appointment of partnership governors

      1. 1.Where a partnership governor is required in relation to a...

      2. 2.Where a partnership governor is required in relation to a...

      3. 3.The governing body must make all the necessary arrangements for...

      4. 4.(1) No person is eligible to be nominated for appointment...

      5. 5.No governor may nominate a person for appointment as a...

      6. 6.(1) The governing body must appoint such number of partnership...

      7. 7.Where the governing body makes an appointment under paragraph 6(2),...

      8. 8.For the purposes of this Schedule, “appropriate diocesan authority” and...

    4. SCHEDULE 4

      Qualifications and disqualifications

      1. 1.General

      2. 2.A person is disqualified from being elected or appointed as...

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

      4. 4.Any person who is disqualified from holding office as a...

      5. 5.Disqualification criteria for categories of governor

      6. 6.A person is disqualified from appointment as a local authority...

      7. 7.(1) A person is disqualified from nomination or appointment as...

      8. 8.Upon ceasing to work at the school, a staff governor...

      9. 9.Failure to attend meetings

      10. 10.Bankruptcy

      11. 11.Disqualification of company directors

      12. 12.Disqualification of charity trustees

      13. 12A.Disqualification of elected parent or staff governors who have been removed from office

      14. 13.Persons whose employment is prohibited or restricted

      15. 14.Criminal convictions

      16. 15.Refusal to make an application for a criminal records certificate

      17. 16.Notification to clerk

  10. Explanatory Note