The School Governance (Miscellaneous Amendments) (England) Regulations 2015

Amendment of the School Governance (New Schools) (England) Regulations 2007

3.—(1) The School Governance (New Schools) (England) Regulations 2007 are amended as follows.

(2) In regulation 3(1) (interpretation), after the definition of “school teacher”, insert—

““temporary co-opted governor” has the meaning given in regulation 15(5);

“temporary governor” means a member of a temporary governing body”.

(3) In regulation 7 (temporary parent governors)(1), after paragraph (2), insert—

“(2A) No person may be appointed as a temporary parent governor unless that person has, in the opinion of those making the appointment, the skills required to contribute to the effective governance and success of the school.”.

(4) In regulation 8 (temporary staff governors)—

(a) in paragraph (1)—

(i) omit sub-paragraph (a);

(ii) in sub-paragraph (b), for “paid to work” to the end substitute “employed to work at the school under a contract of employment with either the governing body or the local authority”;

(b) omit paragraphs (5) and (6).

(5) In regulation 9 (temporary authority governors)(2), after paragraph (1), insert—

“(1A) No person may be appointed as a temporary authority governor unless that person, in the opinion of those making the appointment—

(a) has the skills required to contribute to the effective governance and success of the school; and

(b) has met any additional eligibility criteria set by those making the appointment.”.

(6) Omit regulation 10 (temporary community governors)(3).

(7) In regulation 11 (temporary foundation governors)(4), after paragraph (1), insert—

“(1A) No person may be appointed as a temporary foundation governor unless that person, in the opinion of those making the appointment—

(a) is capable of achieving the purposes for which they would be appointed as a foundation governor; and

(b) has the skills required to contribute to the effective governance and success of the school.”.

(8) In regulation 12 (temporary partnership governors)(5), at the end, insert—

“(4) Paragraph (3)(d) does not apply in the case of a person who is employed by a local authority under a contract of employment providing for the person to work wholly at a school, or schools, maintained by the local authority.

(5) No person may be nominated or appointed as a temporary partnership governor unless that person has, in the opinion of those making the nomination or appointment, the skills required to contribute to the effective governance and success of the school.”.

(9) Omit regulation 13 (temporary sponsor governors).

(10) In regulation 14 (temporary associate members), omit paragraph (6).

(11) For Part 4 (composition of temporary governing bodies)(6) substitute—

“PART 4 Composition of Temporary Governing Bodies

Composition of temporary governing bodies

15.— (1) Subject to the following provisions of this regulation and to regulation 16, the size of the temporary governing body of a new school must be determined by the local authority.

(2) The temporary governing body must include at least seven temporary governors.

(3) The temporary governing body must include—

(a) at least two temporary parent governors;

(b) the head teacher, unless the head teacher resigns the office of governor in accordance with regulation 22;

(c) one temporary staff governor; and

(d) one temporary local authority governor.

(4) The temporary governing body may, in addition, appoint as a temporary governor one or more persons who, in the opinion of the temporary governing body, have the skills required to contribute to the effective governance of the school.

(5) In these Regulations, “temporary co-opted governor” means a person who is appointed under paragraph (4).

(6) The total number of temporary co-opted governors within paragraph (7), when counted with the head teacher and the temporary staff governor, must not exceed one third of the total membership of the temporary governing body.

(7) A temporary co-opted governor is within this paragraph if he or she is eligible to be elected as a temporary staff governor.

Additional requirements for new foundation and voluntary schools

16.— (1) The temporary governing body of a new foundation school or a new foundation special school which, in either case, does not have a foundation, must include at least two (but no more than one quarter of the total) temporary partnership governors.

(2) The temporary governing body of a new foundation school or a new foundation special school which, in either case, has a foundation but which is not a new qualifying foundation school, must include at least two (but no more than 45% of the total) temporary foundation governors.

(3) The temporary governing body of a new qualifying foundation school must include such number of temporary foundation governors as to outnumber all the other governors by one or two.

(4) The temporary governing body of a new voluntary aided school must include such number of temporary foundation governors as to outnumber all the other governors by two.

(5) The temporary governing body of a new voluntary controlled school must include at least two (but no more than one quarter of the total) temporary foundation governors.”.

(12) In Part 5, in the heading, for “Tenure” substitute “Term”.

(13) In regulation 22 (resignation), omit paragraph (2).

(14) In regulation 24(1) (procedure for the removal of temporary governors by the temporary governing body)—

(a) in sub-paragraph (b), omit from “, other than” to the end;

(b) at the end of that sub-paragraph, insert “or”;

(c) omit sub-paragraph (d) and the “or” before it.

(15) For regulation 35 (chair and vice-chair of temporary governing body) substitute—

“Chair and vice chair of temporary governing body

35.— (1) A temporary governing body must elect a chair and a vice-chair from among their number.

(2) Prior to the election of the chair or vice-chair, the temporary governing body must determine the date on which the term of office of the chair or vice-chair will end.

(3) A temporary governor who is employed at the school as a teacher or as any other member of the school’s staff is not eligible to be chair or vice-chair of the temporary governing body of that school.

(4) The chair or vice-chair may at any time resign his or her office by giving notice in writing to the clerk to the temporary governing body.

(5) The chair or vice-chair ceases to hold office if he or she—

(a) ceases to be a member of the temporary governing body;

(b) is employed at the school as a teacher or as another member of the school’s staff; or

(c) is removed from office in accordance with regulation 37.

(6) Where a vacancy arises in the office of the chair or vice-chair, the temporary governing body must elect one of their number to fill that vacancy at their next meeting.

(7) Where the chair is absent from any meeting or there is at the time a vacancy in the office of the chair, the vice-chair is to act as chair.”.

(16) In regulation 36 (delegation of functions to the chair and vice-chair in cases of urgency)(7)—

(a) at the end of paragraph (2)(b), insert “or”;

(b) omit paragraph (2)(c).

(17) In regulation 38 (clerk to the temporary governing body)(8), omit paragraph (4)(b).

(18) In regulation 39 (functions of the clerk)—

(a) omit paragraph (a);

(b) in paragraph (b), after “meetings”, insert “of the temporary governing body”;

(c) omit paragraphs (d) to (f).

(19) In regulation 43 (proceedings of the temporary governing body)—

(a) in paragraph (5), omit sub-paragraph (b) and the “and” immediately before it;

(b) in paragraph (6)—

(i) omit “or” at the end of sub-paragraph (b);

(ii) insert “or” at the end of sub-paragraph (c);

(iii) after sub-paragraph (c), insert—

“(d) any person not having received written notice of the meeting or a copy of the agenda for the meeting.”.

(20) In regulation 47 (delegation of functions), for paragraphs (b) and (c) substitute—

“(b) any temporary governor other than a temporary governor who is the head teacher; or

(c) where the function being delegated does not directly concern the head teacher, the head teacher whether or not that person is a temporary governor.”.

(21) In regulation 48(4) (restrictions on delegation)(9), omit sub-paragraph (a).

(22) In regulation 51 (meetings of committees), after paragraph (9), insert—

“(10) Notwithstanding the requirements of regulation 43 and paragraphs (4) and (5) of this regulation, the governing body may approve alternative arrangements for members of the temporary governing body, or its committees, to participate at meetings of the temporary governing body, or of its committees, including but not limited to, by telephone or video conference.”.

(23) Omit Schedule 1 (appointment of temporary community governors at community special schools or foundation special schools)(10).

(24) In Schedule 2 (qualifications and disqualifications)(11)—

(a) after paragraph 3, insert—

“Failure to attend meetings

3A.— (1) A person is disqualified from continuing to hold office as a temporary governor of a new school if, without the consent of the temporary governing body, the person fails to attend their meetings for a continuous period of six months beginning with the date of a meeting the temporary governor fails to attend.

(2) A temporary foundation governor, temporary authority governor, temporary co-opted governor or temporary partnership governor who is disqualified under sub-paragraph (1) is not qualified for election, nomination or appointment as a temporary governor of any category at that school for the period of twelve months beginning with the end of the period mentioned in that sub-paragraph.

(3) This paragraph does not apply to a person who—

(a) is a temporary governor by virtue of the office that they hold; or

(b) is suspended under regulation 46.”;

(b) omit paragraph 4 (mental disorder);

(c) in paragraph 8 (persons whose employment is prohibited or restricted), after sub-paragraph (c), insert—

“(ca) subject to a direction of the Secretary of State under section 128 of the Education and Skills Act 2008;”.

(25) In Schedule 3 (restrictions on persons taking part in proceedings of the temporary governing body or their committees), omit paragraph 2(1)(c) and the “or” immediately before it.

(1)

Regulation 7 was amended by S.I. 2010/1172.

(2)

Regulation 9 was substituted by S.I. 2010/1172.

(3)

Regulation 10 was amended by S.I. 2010/1172.

(4)

Regulation 11 was amended by S.I. 2010/1172.

(5)

Regulation 12 was amended by S.I. 2010/1172.

(6)

Regulations 15 to 21 were amended by S.I. 2010/1172.

(7)

Regulation 36 was amended by S.I. 2007/3464.

(8)

Regulation 38 was amended by S.I. 2010/1172.

(9)

Regulation 48 was amended by S.I. 2010/1172 and 2012/1033.

(10)

Schedule 1 was amended by S.I. 2010/1172 and 2013/235.

(11)

Schedule 2 was amended by S.I. 2009/1924 and 2012/2404.