The Education (Groups of Grant–maintained Schools) Regulations 1994

Determination of initial parent and teacher governors of a school leaving a group

41.—(1) Where proposals are required to be published under regulation 32 this regulation applies for the purpose of determining the persons who are to be named in the proposals as proposed initial governors of any elected category in respect of the departing school.

(2) Any person who on the date of publication of the proposals is an eligible governor of an elected category on the existing governing body shall be named in the proposals as published as a proposed initial governor of that category.

(3) If the number of governors of any elected category to be named in the proposals in accordance with paragraph (2) is less than the number to be specified in the proposals the existing governing body shall secure that the remainder are elected by registered parents of registered pupils at the school or, as the case may be, by teachers at the school.

(4) The duty under paragraph (2) above shall be performed before the proposals are published or, as soon as possible thereafter.

(5) It shall be for the governing body to determine any question as to whether a person is a registered parent of a registered pupil or whether a person is a teacher at the school.

(6) Subject to the provisions of this regulation, it shall be for the governing body to make all necessary arrangements for, and to determine, all other matters relating to any such election.

(7) The powers conferred by paragraph (6) above include power to make provision as to qualifying date but does not include power to impose any requirement as to the minimum number of votes required to be cast for a candidate to be elected.

(8) An election of parent or teacher governors which is contested must be held by secret ballot.

(9) The arrangements under paragraph (6) above shall, in the case of an election of a parent governor, provide for every person who is entitled to vote to have an opportunity to do so by post or, if he so prefers, by having his ballot paper returned to the school by a registered pupil at that school.

(10) For the purposes of this regulation an eligible governor of an elected category means a person who–

(a) was at the time of his most recent election or appointment a registered parent of a registered pupil at the departing school or is a teacher at that school,

(b) is a governor of an elected category on the existing governing body whose term of office as a governor is due to end after the date of implementation of the proposals, and

(c) has notified the existing governing body that he is willing to serve on the proposed governing body and has not withdrawn that notification.