5.—(1) The Governing Body shall include such number of parent governors (being not less than three nor more than five) as is specified in the Proposals.
(2) In this Instrument, “parent governor” means—
(a)where the School is established in a hospital—
(i) a person appointed by the other members of the Governing Body; or
(ii)an initial parent governor; or
(b)in any other case—
(i)a person elected by persons who are themselves registered parents of registered pupils at the School;
(ii)a person appointed by virtue of paragraph 8 below;
(iii)where the School is to be established in pursuance of proposals for the establishment of a new grant-maintained special school, a person appointed before the implementation date by virtue of regulation 2(2)(e) of the Education (Initial Government of Grant-maintained Special Schools) Regulations 1994(1); or
(iv)an initial parent governor.
(3) For the purposes of sub-paragraph (2)(a)(i) above, to qualify for appointment as a parent governor a person must when he is appointed be a registered parent of a registered pupil at the School or, if that is not reasonably practicable, a parent of one or more children of compulsory school age; and, for the purposes of sub-paragraph (2)(b)(i) above, to qualify for election a person must be a registered parent of a registered pupil.
S.I. 1994/2003. Regulation 2(2)(e) modifies paragraph 5 of Schedule 11 to the Education Act 1993 (c. 35), in relation to persons holding office as parent governors before the date of implementation of proposals for the establishment of a new grant-maintained special school, by inserting in that paragraph new provisions (sub-paragraphs (9) and (10)) relating to the appointment of parent governors before the implementation date of the proposals.