Prospective
16. Where any person makes an appointment or nominates a person to be appointed to the governing body, that person must give written notice of the appointment or the nomination to the clerk to the governing body specifying the name and usual place of residence of the person appointed or nominated.
Commencement Information
I1Reg. 16 in force at 1.9.2012, see reg. 1
17. Schedule 4 sets out the circumstances in which a person is qualified for or disqualified from holding or continuing in office as a governor.
Commencement Information
I2Reg. 17 in force at 1.9.2012, see reg. 1
18.—(1) Subject to paragraphs (2) to (5), a governor holds office for a fixed period of four years from the date of that governor’s election or appointment.
(2) A person who is a governor by virtue of being head teacher of the school or who is an ex officio foundation governor may not hold office for longer than the position from which the governorship derives is held by that person.
(3) Any additional governor or additional foundation governor appointed under Part 4 of the Education and Inspections Act 2006(1) may hold office for such period up to a maximum of four years as is determined at the time of appointment by the person making the appointment .
(4) The instrument of government may specify a shorter term of office for a particular category of governor, not being less than one year.
(5) A substitute governor holds office until the earlier of the following—
(a)the expiry of four years from the date when the appointment of the substitute governor takes effect;
(b)the date when the original governor (“O”), not having been removed from office under regulation 21, gives written notice to the clerk to the governing body to the effect that O is able and willing to act as a foundation governor; or
(c)the date when a person other than the original governor takes the office by virtue of which the ex officio foundation governorship exists.
(6) This regulation does not prevent a governor from—
(a)being elected or appointed for a further term, save as otherwise provided in these Regulations;
(b)resigning from the office of governor in accordance with regulation 19(1);
(c)being removed from office under regulations 20 to 25; or
(d)being disqualified, by virtue of any provision of these Regulations, from holding or continuing to hold office.
(7) An associate member may hold office for a period of four years, or such shorter period (not being less than one year) as may be determined by the governing body at the date of the appointment.
(8) Nothing in this regulation prevents an associate member from being reappointed at the expiry of the associate member’s term of office.
(9) In this regulation “the original governor” means the ex officio foundation governor in whose place the substitute governor is appointed to act.
Commencement Information
I3Reg. 18 in force at 1.9.2012, see reg. 1
19.—(1) A governor may at any time resign from the office of governor by giving written notice to the clerk to the governing body.
(2) The head teacher’s resignation may be withdrawn at any time by the head teacher giving written notice to the clerk to the governing body.
Commencement Information
I4Reg. 19 in force at 1.9.2012, see reg. 1
20.—(1) Any foundation governor other than an ex officio foundation governor may be removed from office by the person who appointed the foundation governor.
(2) The person referred to in paragraph (1) must give written notice of the removal from office to the clerk to the governing body and to the foundation governor who is being removed.
Commencement Information
I5Reg. 20 in force at 1.9.2012, see reg. 1
21.—(1) The governing body may, in accordance with the procedure set out in regulation 25, remove any ex officio foundation governor at the request of the person named in the instrument of government as the person entitled to make such a request.
(2) A person requesting the removal of an ex officio foundation governor must give written reasons for the request to the clerk to the governing body and the governor in question.
Commencement Information
I6Reg. 21 in force at 1.9.2012, see reg. 1
22.—(1) Any local authority governor may be removed from office by the local authority who nominated the local authority governor under regulation 8(a).
(2) The local authority must give written notice of the removal from office to the clerk to the governing body and to the local authority governor who is being removed.
Commencement Information
I7Reg. 22 in force at 1.9.2012, see reg. 1
23.—(1) Any co-opted governor or partnership governor may be removed from office by the governing body in accordance with the procedure set out in regulation 25(2)(b).
(2) A partnership governor may also be removed from office by the governing body at the request of the nominating body in accordance with regulation 25(2)(a).
(3) A nominating body requesting the removal of a partnership governor must give written reasons for the request to the clerk to the governing body and the governor in question.
Commencement Information
I8Reg. 23 in force at 1.9.2012, see reg. 1
24. Any parent governor appointed by the governing body under paragraphs 9 to 11 of Schedule 1 may be removed by the governing body in accordance with the procedure set out in regulation 25.
Commencement Information
I9Reg. 24 in force at 1.9.2012, see reg. 1
25.—(1) This regulation applies in relation to the removal of a governor from office in accordance with regulations 21(1), 23 or 24.
(2) A resolution to remove a governor from office which is passed at a meeting of the governing body will not have effect unless—
(a)in relation to the removal of a governor under regulation 21(1) and 23(2), the governing body has considered the reasons for removal and the governor whom it is proposed to remove has been given an opportunity to make a statement in response;
(b)in relation to the removal of a governor (“P”) who is a co-opted governor or partnership governor under regulation 23(1) or a parent governor under regulation 24, the governor proposing P’s removal has at that meeting given reasons for doing so and P has been given an opportunity to make a statement in response;
(c)it is confirmed by a resolution passed at a second meeting of the governing body held not less than fourteen days after the first meeting; and
(d)the matter of the governor’s removal from office is specified as an item on the agenda for each of those meetings.
Commencement Information
I10Reg. 25 in force at 1.9.2012, see reg. 1