The School Governance (Constitution) (England) Regulations 2012

PART 4 E+W Notification of appointments, term of office, removal and disqualification

Notification of appointments E+W

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.

Modifications etc. (not altering text)

C1 Regs. 16-31 applied (with modifications) (1.9.2012) by The School Governance (Federations) (England) Regulations 2012 (S.I. 2012/1035), regs. 1, 23, Sch. 5 (with reg. 2)

Commencement Information

I1 Reg. 16 in force at 1.9.2012, see reg. 1

[F1 Criminal record certificates E+W

16A.— (1) Where a governor has been elected or appointed before 1st April 2016 and does not hold an enhanced criminal record certificate, the governing body must apply for such a certificate in respect of that governor by 1st September 2016.

(2) Where a governor is elected or appointed on or after 1st April 2016 and does not hold an enhanced criminal record certificate, the governing body must apply for such a certificate in respect of that governor within 21 days after his or her appointment or election.]

Textual Amendments

F1 Reg. 16A inserted (18.3.2016) by The School Governance (Constitution and Federations) (England) (Amendment) Regulations 2016 (S.I. 2016/204), regs. 1(2), 2(3)

Qualifications and disqualifications E+W

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.

Modifications etc. (not altering text)

C1 Regs. 16-31 applied (with modifications) (1.9.2012) by The School Governance (Federations) (England) Regulations 2012 (S.I. 2012/1035), regs. 1, 23, Sch. 5 (with reg. 2)

Commencement Information

I2 Reg. 17 in force at 1.9.2012, see reg. 1

Term of office E+W

18.—(1) Subject to paragraphs [F2 (1A)] to (5), a governor holds office for a fixed period of four years from the date of that governor’s election or appointment.

[F3 (1A) A governor who is elected or appointed on or after 1st September 2015 may hold office for a period of less than four years, where the instrument of government so allows.]

(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 .

[F4 (4) The instrument of government may, in relation to a particular category of governor—

(a) specify a term of office not being a period of less than one year or more than four years; or

(b) set out that the term of office for any governor within that category may be determined by those appointing the governor, not being a period of less than one year or more than four years.]

(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.

Textual Amendments

F2 Word in reg. 18(1) substituted (1.9.2015) by The School Governance (Miscellaneous Amendments) (England) Regulations 2015 (S.I. 2015/883), regs. 1(1), 7(2)(a)

F3 Reg. 18(1A) inserted (1.9.2015) by The School Governance (Miscellaneous Amendments) (England) Regulations 2015 (S.I. 2015/883), regs. 1(1), 7(2)(b)

F4 Reg. 18(4) substituted (1.9.2015) by The School Governance (Miscellaneous Amendments) (England) Regulations 2015 (S.I. 2015/883), regs. 1(1), 7(2)(c)

Modifications etc. (not altering text)

C1 Regs. 16-31 applied (with modifications) (1.9.2012) by The School Governance (Federations) (England) Regulations 2012 (S.I. 2012/1035), regs. 1, 23, Sch. 5 (with reg. 2)

Commencement Information

I3 Reg. 18 in force at 1.9.2012, see reg. 1

Resignation E+W

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.

Modifications etc. (not altering text)

C1 Regs. 16-31 applied (with modifications) (1.9.2012) by The School Governance (Federations) (England) Regulations 2012 (S.I. 2012/1035), regs. 1, 23, Sch. 5 (with reg. 2)

Commencement Information

I4 Reg. 19 in force at 1.9.2012, see reg. 1

Removal of foundation governors E+W

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.

Modifications etc. (not altering text)

C1 Regs. 16-31 applied (with modifications) (1.9.2012) by The School Governance (Federations) (England) Regulations 2012 (S.I. 2012/1035), regs. 1, 23, Sch. 5 (with reg. 2)

Commencement Information

I5 Reg. 20 in force at 1.9.2012, see reg. 1

Removal of ex officio foundation governors E+W

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.

Modifications etc. (not altering text)

C1 Regs. 16-31 applied (with modifications) (1.9.2012) by The School Governance (Federations) (England) Regulations 2012 (S.I. 2012/1035), regs. 1, 23, Sch. 5 (with reg. 2)

Commencement Information

I6 Reg. 21 in force at 1.9.2012, see reg. 1

Removal of local authority governors E+W

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.

Modifications etc. (not altering text)

C1 Regs. 16-31 applied (with modifications) (1.9.2012) by The School Governance (Federations) (England) Regulations 2012 (S.I. 2012/1035), regs. 1, 23, Sch. 5 (with reg. 2)

Commencement Information

I7 Reg. 22 in force at 1.9.2012, see reg. 1

Removal of co-opted governors and partnership governors E+W

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.

Modifications etc. (not altering text)

C1 Regs. 16-31 applied (with modifications) (1.9.2012) by The School Governance (Federations) (England) Regulations 2012 (S.I. 2012/1035), regs. 1, 23, Sch. 5 (with reg. 2)

Commencement Information

I8 Reg. 23 in force at 1.9.2012, see reg. 1

Removal of appointed parent governors E+W

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.

Modifications etc. (not altering text)

C1 Regs. 16-31 applied (with modifications) (1.9.2012) by The School Governance (Federations) (England) Regulations 2012 (S.I. 2012/1035), regs. 1, 23, Sch. 5 (with reg. 2)

Commencement Information

I9 Reg. 24 in force at 1.9.2012, see reg. 1

[F5 Removal of elected parent governors or staff governors E+W

24A.— (1) Any parent governor, elected in accordance with regulation 6(1), or any staff governor, may be removed by the governing body in accordance with the procedure set out in regulation 25.]

Textual Amendments

F5 Reg. 24A inserted (1.9.2017) by The School Governance (Constitution and Federations) (England) (Amendment) Regulations 2017 (S.I. 2017/487), regs. 1(3), 2(3)

Procedure for removal of governors by the governing body E+W

25.—(1) This regulation applies in relation to the removal of a governor from office in accordance with regulations 21(1), 23 [F6 , 24 or 24A].

(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 [F7 or 24A], 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.

Textual Amendments

F6 Words in reg. 25(1) substituted (1.9.2017) by The School Governance (Constitution and Federations) (England) (Amendment) Regulations 2017 (S.I. 2017/487), regs. 1(3), 2(4)(a)

F7 Words in reg. 25(2)(b) inserted (1.9.2017) by The School Governance (Constitution and Federations) (England) (Amendment) Regulations 2017 (S.I. 2017/487), regs. 1(3), 2(4)(b)

Modifications etc. (not altering text)

C1 Regs. 16-31 applied (with modifications) (1.9.2012) by The School Governance (Federations) (England) Regulations 2012 (S.I. 2012/1035), regs. 1, 23, Sch. 5 (with reg. 2)

Commencement Information

I10 Reg. 25 in force at 1.9.2012, see reg. 1

(1)

2006 c.40.