The School Governance (Transition from an Interim Executive Board) (England) Regulations 2004

Explanatory Note

(This note is not part of the Regulations)

These Regulations make provisions relating to the transition of a school’s governing body from being constituted as an interim executive board in accordance with Schedule 1A to the School Standards and Framework Act 1998 to being a governing body constituted in accordance with section 19(1) of the Education Act 2002.

Part 1 provides for the Regulations to come into force on 1st April 2004 and contains interpretative provisions.

Part 2 provides for a shadow governing body to be appointed by the local education authority. It also makes provision for a chair, a vice chair and a clerk to be appointed. The clerk must attend meetings of the shadow governing body and ensure that minutes are taken and signed by the chair. Subject to certain exclusions, those minutes must be made available to interested persons. In all other respects the shadow governing body shall determine their own procedure.

Under regulation 15, certain statutory provisions do not apply to the shadow governing body, nor does the school’s instrument of government in so far as it relates to the constitution of the school’s governing body.

Part 3 sets out the procedure for the transition from a shadow governing body to a normally constituted governing body. When the interim executive members vacate office, the shadow governing body (to which regulations made under section 19(2) and (3)(a) to (d) of the 2002 Act and those parts of the instrument of government that relates to the constitution of the school’s governing body do not apply) shall be treated as if they are a normally constituted governing body. On a date to be determined by the local education authority under regulation 17, the shadow governors will vacate office and the governing body must be constituted in accordance with regulations made by virtue of section 19 of the Education Act 2002 and in accordance with the school’s instrument of government.