The Education (New Schools) (Wales) Regulations 1999

Temporary parent governors

12.—(1) Subject to the following paragraphs of this regulation, the temporary parent governors of a new school shall be appointed—

(a) where the new school is or will be a community, voluntary controlled, community special school or foundation special school, or a foundation school proposals for the establishment of which were published by a local education authority, by the local education authority; and

(b) where it is or will be a voluntary aided school, or a foundation school proposals for the establishment of which were published by promoters, by the promoters.

(2) Where one or more maintained schools have been, or are to be, discontinued, and the registered pupils at such school or schools, or a substantial number of those pupils, are expected to transfer to a new school,

(a) the local education authority, where the new school is, or will be a community, community special, voluntary controlled school or foundation special school, or a foundation school proposals for the establishment of which were published by a local education authority, or

(b) the promoters, where the new school is or will be a voluntary aided school or a foundation school proposals for the establishment of which were published by promoters,

may provide for the governing body of the discontinued school (or, as the case may be, any of the governing bodies of the discontinued schools) to appoint some or all of the temporary parent governors of the new school.

(3) No person shall be appointed as a temporary parent governor of a voluntary controlled school by a local education authority, and no provision referred to in paragraph (2) above shall be made in respect of a voluntary controlled school, unless the local education authority has first consulted the promoters.

(4) Subject to paragraph (5), no person shall be appointed as a temporary parent governor unless—

(a) he is the parent of a child who is or is likely to become a registered pupil at the school; or

(b) where it is not reasonably practicable to appoint such a person, he is the parent of a child of compulsory school age.

(5) (a) No person shall be appointed as a temporary parent governor of a school which is or will be a community or foundation special school not established in a hospital unless he is—

(i) the parent of a child who is or is likely to become a registered pupil at the school; or

(ii) a person who is the parent of a child of compulsory school age with special educational needs; or

(iii) a person who is a parent of a person of any age with special education needs; or

(iv) a person who is the parent of a child of compulsory school age.

(b) A person referred to in sub-paragraph (ii), (iii) or (iv) of paragraph (a) above shall only be appointed if it is not reasonably practicable to appoint a person referred to in the provision in that sub-paragraph which immediately precedes it.