The School Governance (Constitution) (England) Regulations 2007

Part 1 Introduction

Citation, commencement and application

1.—(1) These Regulations may be cited as the School Governance (Constitution) (England) Regulations 2007 and come into force on 25th May 2007.

(2) These Regulations apply only in relation to England.

Revocations and amendments

2.—(1) The School Governance (Constitution) (England) Regulations 2003(1) are revoked.

(2) The School Governance (Constitution, Federations and New Schools) (England) (Amendment) Regulations 2005(2) are revoked.

(3) In regulation 16(b) of the School Governance (Transition from an Interim Executive Board) (England) Regulations 2004(3) for “School Governance (Constitution) (England) Regulations 2003” substitute “School Governance (Constitution) (England) Regulations 2007”.

(4) In regulation 6(4) of the School Governance (Collaboration) (England) Regulations 2003(4) for “under regulation 20 of, and paragraphs 2 to 11 of Schedule 6 to the School Governance (Constitution) (England) Regulations 2003” substitute “under regulation 21 of, and paragraphs 2 to 11 of Schedule 6 to the School Governance (Constitution) (England) Regulations 2007”.

Interpretation

3.—(1) In these Regulations—

“EA 1996” means the Education Act 1996(5);

“SSFA 1998” means the School Standards and Framework Act 1998(6);

“EA 2002” means the Education Act 2002;

“parent” includes any individual who has or has had parental responsibility for, or cares or has cared for, a child or young person under the age of 18; and

“qualifying foundation school” means a foundation or a foundation special school which has a foundation established otherwise than under SSFA 1998, and whose instrument of government provides for the majority of governors to be foundation governors appointed by the foundation.

(2) Any reference in these Regulations to—

(a) the governing body or to the governing body of a school is a reference to the governing body of any maintained school to which the provision applies;

(b) a governor is a reference to a member of a governing body of any school to which the provision applies;

(c) the local education authority is a reference to the local education authority that maintains the school; and

(d) a foundation or to a school having a foundation is to be read in accordance with section 21 of SSFA 1998.

(1)

S.I. 2003/348, as amended by the School Governance (Constitution and Procedures) (England) (Amendment) Regulations 2003, the School Governance (Constitution, Procedures and New Schools) (England) (Amendment) Regulations 2004 and the School Governance (Constitution, Federations and New Schools) (England) (Amendment) Regulations 2005.

(2)

S.I. 2005/1730.

(3)

S.I. 2004/530.

(4)

S.I. 2003/1962.

(5)

1996 c.56.

(6)

1998 c.31.