The Education (New Schools) (Wales) Regulations 1999

Constitution of temporary governing body

10.—(1) Subject to this regulation and regulations 11 to 22, the temporary governing body of a new school shall be constituted in accordance with such of paragraphs 9 to 14 of Schedule 9 to the 1998 Act (“the relevant paragraphs”) as are applicable having regard to the category of the school or proposed school.

(2) For the purposes of the application of paragraph (1), the relevant paragraphs shall apply with the following modifications—

(a) the expressions “co-opted governor”, “foundation governor”, “LEA governor”, “parent governor”, “partnership governor”, “staff governor” and “teacher governor” shall be treated as references to the corresponding category of temporary governor within the meaning of regulation 9(2);

(b) references in the relevant paragraphs to “governing body” or “governors” shall be treated as references to “temporary governing body” or “temporary governors”, as the case may be;

(c) references in the relevant paragraphs to “a representative governor” shall be treated as references to “a temporary representative governor”;

(d) references in the relevant paragraphs to “additional governors” shall be treated as references to any temporary co-opted governors required by regulation 18, 19 or 20;

(e) references to a school or a school of any category, shall include a reference to a proposed school or a proposed school of that category, as the case may be;

(f) references to a school being established in a hospital (or not established in a hospital) shall include a reference to a school which it is proposed to establish in a hospital (or otherwise than in a hospital);

(g) the reference in paragraph 10(6)(a) of Schedule 9 to the 1998 Act to “matters in respect of which the school is specially organised” shall be treated as a reference to matters in respect of which the proposed school will be specially organised;

(h) paragraph 14(4) of that Schedule shall not apply;

(i) in relation to the constitution of the temporary governing body of a new school, the new school shall be treated as having as registered pupils the number of pupils determined from the proposals for the establishment of the school.