The Education (School Government) (England) Regulations 1999

Chairman and vice-chairman of temporary governing bodies

31.—(1) The temporary governing body of a new school shall, at their first meeting, elect a chairman and vice-chairman from among their number (subject however to paragraph (9))(1).

(2) The chairman or vice-chairman of a temporary governing body may at any time resign his office by giving notice in writing to the clerk to the temporary governing body.

(3) The chairman or vice-chairman of a temporary governing body shall cease to hold office as such if–

(a)he ceases to be a member of the temporary governing body;

(b)he is employed to work at the new school; or

(c)in the case of a vice-chairman, he is elected in pursuance of paragraph (4) to fill a vacancy in the office of chairman.

(4) Where by reason of any of the matters referred to in paragraphs (2) or (3) a vacancy arises in the office of chairman or vice-chairman, the temporary governing body shall at their next meeting elect one of their number to fill that vacancy (subject however to paragraph (9)).

(5) Subject to paragraphs (6) and (7), where the chairman is absent from any meeting or there is at the time a vacancy in the office of the chairman, the vice-chairman shall act as the chairman of the purposes of the meeting.

(6) Where in the circumstances referred to in paragraph (5) the vice-chairman is absent from the meeting or there is at the time a vacancy in the office of vice-chairman, the temporary governing body shall elect one of their number to act as a chairman for the purposes of that meeting, but subject to paragraph (9).

(7) The clerk to the temporary governing body shall act as chairman during that part of any meeting at which the chairman is elected, but for these purposes regulation 38(2) (chairman’s casting vote) shall not apply.

(8) Any election of the chairman or vice-chairman which is contested shall be held by secret ballot.

(9) A member of the temporary governing body of a new school who is–

(a)the head teacher of the new school; or

(b)a person employed to work at the new school or, in the opinion of the other temporary governors, likely to become so employed, shall not be eligible for election as chairman or vice-chairman of the temporary governing body of the new school or as a chairman of a meeting thereof but, subject as aforesaid, every temporary governor shall be so eligible.

(1)

Part VIII makes provision in relation to chairmen and vice-chairmen of temporary governing bodies of new schools on transition to the new schools framework under the 1998 Act.