New Schools (General) (England) Regulations 2003

Explanatory Note

(This note is not part of the Regulations)

These Regulations relate to the government of new maintained schools in England.

Part 1 provides for the Regulations to come into force, sets out those Regulations that are to be revoked or amended and contains interpretation provisions. It also deals with the service of notices.

Part 2 relates to the making of arrangements for temporary governing bodies. Regulation 8 enables arrangements to be made in anticipation that proposals will be approved and regulation 9 requires the agreement of promoters to arrangements relating to temporary foundation governors.

Part 3 describes the various categories of temporary governor. Regulation 10 deals with the appointment of temporary parent governors by either the local education authority or by a new school’s promoters.

Regulation 11 deals with temporary staff governors, which includes teaching and non-teaching staff and the head teacher (or head teacher designate) of the school. The head teacher, or head teacher designate, is a temporary staff governor by virtue of his position but may resign his temporary governorship (or withdraw his resignation) at any time.

Regulation 12 deals with the appointment of temporary LEA governors.

Regulation 13 sets out who is eligible to be a temporary community governor and Schedule 1 deals with the appointment of temporary community governors in special schools.

Regulation 14 makes provision as to the appointment of temporary foundation governors, including ex officio temporary governors and regulation 15 deals with the nomination and appointment of temporary partnership governors.

Regulation 16 makes provision for temporary sponsor governors, the appointment of whom is optional and regulation 17 provides for the appointment of persons who are not temporary governors (known as temporary associate members) to committees of the temporary governing body.

Part 4 sets out the general principles and specific requirements for the composition of temporary governing bodies. Their composition broadly follows that of the permanent governing body as required by Part 3 of the School Governance (Constitution) (England) Regulations 2003.

Part 5 deals with the tenure of office and qualifications of temporary governors. Regulation 23 sets out how a temporary governor can resign and regulations 24 and 25 deal with the removal of temporary governors.

Regulation 26 and Schedule 2 set out the circumstances in which a temporary governor (or associate member) shall be disqualified from being appointed or continuing in office as a temporary governor.

Part 5 also contains provisions relating to expenses incurred in relation to temporary governing bodies and the provision of information to temporary governors.

Part 6 deals with the conduct of new schools with temporary governing bodies and gives temporary governing bodies general powers and duties. In addition, regulation 33 provides for the execution of documents by the temporary governing body.

Regulation 34 requires the head teacher to consult the temporary governing body and the local education authority regarding the curriculum and regulation 35 provides for the determination of dates for the school term and holidays and the times of school sessions.

This Part also deals with the chairing and clerking of temporary governing bodies and their committees. It also includes provisions for access to meetings, convening meetings, quorum, minutes and their publication.

Regulation 46 and Schedule 3 deal with conflicts of interest and the circumstances in which temporary governors and others who are otherwise entitled to attend meetings of the temporary governing body or their committees must withdraw and not vote. The general principle is that where there is a conflict of interest between the interests of such a person and the interests of the temporary governing body, or where the principles of natural justice require a fair hearing and there is any reasonable doubt about that person’s ability to act impartially, he should withdraw from the meeting and not vote.

Regulation 47 sets out the circumstances in which a temporary governor may be suspended from meetings for up to 6 months. Regulations 48 to 50 relate to delegation of temporary governing body functions.

Regulation 51 provides for temporary governing bodies to determine matters relating to any of their committees and regulation 52 deals with the meetings of those committees.

Part 7 deals with the transition from a temporary governing body to a permanent governing body constituted under an instrument of government. The local education authority must secure that an instrument of government is made before the school date.

The local education authority determines the date when the governing body will be constituted under the instrument of government. This is the incorporation date, which must be as soon as reasonably practicable after the opening date but no later than the last day of the first term.

Regulations 54 and 55 deal with the appointment and election of governors required by the instrument of government.

Regulations 56 and 57 provide for transfers of property, staff and other rights and liabilities from the temporary to the permanent governing body.

Part 8 makes some amendments relating to new schools to the Religious Character of Schools (Designation Procedure) Regulations 1998.