The Education (School Government) (Wales) Regulations 1999

1. Introductory Text

2. PART I INTRODUCTION

   1. 1. Citation, commencement and application

   2. 2. Interpretation

   3. 3. Interpretation of “governing body”

3. PART II INSTRUMENTS OF GOVERNMENT AND GOVERNING BODY COMPOSITION

   1. 4. Application

   2. 5. Copies of instruments of government

   3. 6. Additional co-opted governors

   4. 7. Representative governors

   5. 8. Substitute foundation governors

   6. 9. Appointment of parent, partnership and co-opted governors

   7. 10. Notification of vacancies and appointments

   8. 11. Joint appointments

   9. 12. Elections

   10. 13. Surplus governors

4. PART III QUALIFICATIONS AND TENURE OF OFFICE

   1. 14. Application and Interpretation

   2. 15. Qualifications and disqualifications

   3. 16. Term of office

   4. 17. Resignation

   5. 18. Removal

   6. 19. Removal of governors by the governing body

   7. 20. Notice of resignation or removal

5. PART IV CLERKS

   1. 21. Application and interpretation

   2. 22. Clerk to the governing body: restrictions

   3. 23. Appointment of the clerk to the governing body

   4. 24. Dismissal of the clerk

   5. 25. Appointment and dismissal of the clerk where the school does not have a delegated budget

   6. 26. First clerk to the temporary governing body and clerking on transition to the permanent governing body

   7. 27. Clerking on transition to the new framework

6. PART V MEETINGS AND PROCEEDINGS OF GOVERNING BODIES

   1. 28. Interpretation

   2. 29. Chairman and vice-chairman of the governing body

   3. 30. Removal from office of the chairman of the governing body

   4. 31. Chairman and vice-chairman of temporary governing bodies

   5. 32. Right of the head teacher to attend meetings

   6. 33. Public access to meetingss

   7. 34. Convening of meetings of the governing body

   8. 35. Rescission and variation of resolutions

   9. 36. Termination and adjournment of meetings

   10. 37. Quorum

   11. 38. Proceedings of the governing body

   12. 39. Minutes of meetings

   13. 40. Publication of minutes and papers

   14. 41. Delegation of functions

   15. 42. Restrictions on delegation

   16. 43. Delegation of functions to the chairman and vice-chairman in cases of urgency

   17. 44. Reporting to the governing body following the exercise of delegated functions

7. PART VI COMMITTEES OF GOVERNING BODIES

   1. 45. Interpretation and application

   2. 46. Establishment and constitution of committees of the governing body

   3. 47. Staff dismissal committee and dismissal appeal committee

   4. 48. Pupil discipline committee

   5. 49. Admissions committee

   6. 50. Disqualification of members of governing body committees

   7. 51. Clerks to committees

   8. 52. Meetings of committees

   9. 53. Proceedings of committees

   10. 54. Minutes of meetings of committees

   11. 55. Publication of minutes and papers of committees

   12. 56. Access to committee meetings

8. PART VII RESTRICTIONS ON PERSONS TAKING PART IN PROCEEDINGS

   1. 57. (1) In this regulation and in Schedule 7—

9. PART VIII TRANSITIONAL PROVISIONS

   1. 58. (1) Schedule 8 makes provision in relation to—

10. Signature

11. 1. SCHEDULE 1

       ADDITIONAL CO-OPTED GOVERNORS

       1. 1. In this Schedule, “sponsor” in relation to a school means...

       2. 2. Where the school has one or more sponsors, the governing...

       3. 3. Nominations for such appointments shall be sought from the school’s...

       4. 4. Where the school is a participating school in relation to...

    2. SCHEDULE 2

       PARENT GOVERNORS

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

       2. 2. (1) This paragraph applies to any maintained school to which...

       3. 3. In the case of a school which is a community...

       4. 4. At any maintained school to which this Schedule applies, the...

       5. 5. Except where paragraph 6 applies, in appointing a parent governor...

       6. 6. (1) Where the school is a community or foundation special...

    3. SCHEDULE 3

       PARTNERSHIP GOVERNORS

       1. 1. Where a partnership governor is required, the governing body shall...

       2. 2. No person shall nominate for appointment, or appoint, a person...

       3. 3. (1) In the case of a school which will be...

       4. 4. Where a partnership governor is required, the governing body shall...

       5. 5. Subject to paragraph 7(2), no member of the governing body...

       6. 6. The governing body shall make all necessary arrangements for, and...

       7. 7. (1) The governing body shall appoint such number of partnership...

       8. 8. Where the governing body make an appointment under paragraph 7(2)...

    4. SCHEDULE 4

       CO-OPTED GOVERNORS

       1. 1. In this Schedule: (a) “the relevant governors” means the members...

       2. 2. In appointing a person to be a co-opted governor, the...

       3. 3. For the purposes of paragraph 2(a) and (c), in considering...

    5. SCHEDULE 5

       ELECTIONS

       1. 1. Subject to paragraph 3 in this paragraph “appropriate authority” means—...

       2. 2. Where a local education authority is the appropriate authority in...

       3. 3. The local education authority shall be the appropriate authority in...

       4. 4. The appropriate authority shall determine— (a) for the purposes of...

       5. 5. Subject to paragraphs 6 to 9, the appropriate authority shall...

       6. 6. The power conferred by paragraph 5— (a) includes power to...

       7. 7. Any election of parent governors, teacher governors or staff governors...

       8. 8. The arrangements made under paragraph 5 shall, in the case...

       9. 9. Where a vacancy for a parent governor is required to...

    6. SCHEDULE 6

       QUALIFICATIONS AND DISQUALIFICATIONS

       1. 1. General

       2. 2. Mental disorder

       3. 3. Governor of more than two schools

       4. 4. Failure to attend meetings

       5. 5. Bankruptcy

       6. 6. Disqualification of company directors

       7. 7. Disqualification of charity trustees

       8. 8. Persons whose employment is prohibited or restricted

       9. 9. Persons disqualified for being proprietors of independent schools

       10. 10. Criminal convictions

       11. (2). In cases where a member of a governing body has...

       12. 11. Notification to clerk

       13. 12. Co-opted governor

       14. 13. Parent governor

       15. 14. A person shall not be disqualified for continuing to hold...

       16. 15. Partnership governors

       17. 16. Teacher and staff governors

    7. SCHEDULE 7

       RESTRICTIONS ON PERSONS TAKING PART IN PROCEEDINGS OF THE GOVERNING BODY OR THEIR COMMITTEES

       1. 1. Interpretation

       2. 2. Pecuniary interests

       3. 3. Office of governor, chairman or clerk

       4. 4. Pay or appraisal of persons working at the school

    8. SCHEDULE 8

       TRANSITIONAL PROVISIONS

       1. 1. Qualifications and Disqualifications

       2. 2. In relation to Wales, regulation 23 and Schedule 6 of...

       3. 3. (1) In relation to Wales, for regulation 13(10) of the...

       4. 4. Term of office

       5. 5. Any co-opted governor (other than an additional co-opted governor) referred...

       6. 6. In relation to Wales, the following regulations are revoked—

       7. 7. Removal

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

       9. 9. Clerks to degrouping schools

       10. 10. Miscellaneous

12. Explanatory Note