Appointment of replacement initial first and foundation governors
4.—(1) This regulation applies where before the incorporation date a person appointed in accordance with regulation 2 or 3 to be an initial first or (as the case may be) foundation governor—
(a)dies,
(b)becomes prospectively disqualified for holding office as such a governor on the governing body, or
(c)notifies the person or persons who appointed him (“the appointing authority”) that he is no longer willing to serve on the proposed governing body.
(2) The appointing authority shall, if it is possible to do so before the incorporation date, appoint a person to be an initial first or (as the case may be) foundation governor to replace the person referred to in paragraph (1) above.
(3) Before appointing any person to be an initial first or foundation governor in accordance with this regulation the appointing authority shall obtain the Secretary of State’s consent in writing to that person’s appointment.
(4) The appointing authority shall (if possible before the incorporation date or, if not, as soon as possible thereafter) notify the Secretary of State of any appointment made in accordance with this regulation.