The Education (School Government) (Amendment) Regulations 1991

2.  For regulation 5 and the heading thereto there shall be substituted the following regulation—

“Disqualification from membership of more than two governing bodies

5.— (1) A person shall be disqualified for holding office as a governor of a school if, were he to be appointed or elected to that office, he would, on the date on which the appointment or election would have taken effect, be a member of the governing bodies of more than two schools:

Provided that this paragraph shall not have effect to disqualify a person for continuing to hold office as a governor of a school until the expiry of his term of office, if he was appointed or elected to that office before 8th January 1992.

(2) A person who on 8th January 1992 is, or (by virtue of offices taken up after that date) becomes, an ex officio member of the governing bodies of more than two schools shall be disqualified for continuing to hold as such save—

(a) such one or two of those bodies as may for the time being be designated by him for the purposes hereof by notice in writing given to the clerk to the governing body (or to each such governing body, as the case may be) so designated and to the clerk to each of any other governing body of which apart from this regulation he would otherwise have been an ex officio member; and

(b) a governing body (not designated as aforesaid) of which he became an ex oficio member before 8th January 1992; so however that he shall cease to be qualified for continuing to hold office by virtue of this sub-paragraph after 31st August 1992.

(3) A notice given under paragraph (2)(a) shall specify as the date from which it has effect a date not earlier than two months after the date of the notice.

(4) Where a person—

(a) is a temporary governor of a school by virtue of his having been appointed under a provision made by virtue of Schedule 2 to the 1986 Act; or

(b) is a governor or temporary governor ex oficio;

he shall not be regarded for the purposes of paragraph (1) as being a member of more than two governing bodies by reason of his being such a governor.

(5) Where a group of two or more schools have a single governing body by virtue of section 9 of the 1986 Act, that group shall be treated for the purposes of this regulation as if it were a single school.”.