6 Amendment of the School Governance (Transition from an Interim Executive Board (England) Regulations 2010
1 The School Governance (Transition from an Interim Executive Board) (England) Regulations 2010 are amended as follows.
2 In regulation 5 (shadow parent governor)—
(a) the existing text becomes paragraph (1);
(b) at the end, insert—

“2 A local authority may only appoint as a shadow parent governor a person who has, in the opinion of the local authority, the skills required to contribute to the effective governance and success of the school.”

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3 In regulation 6 (shadow partnership governor)—
(a) in paragraph (1)(b), omit from “, provided” to the end;
(b) after paragraph (2), insert—

“3 A local authority may only appoint as a shadow partnership governor a person who has, in the opinion of the local authority, the skills required to contribute to the effective governance and success of the school.”

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4 In regulation 7 (shadow staff governor)—
(a) omit paragraphs (1)(b) and (2);
(b) at the end, insert—

“3 No person may be appointed as a shadow staff governor unless that person has, in the opinion of the local authority, the skills required to contribute to the effective governance and success of the school.”

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5 In regulation 8 (shadow local authority governor)—
(a) the existing text becomes paragraph (1);
(b) insert after that paragraph—

“2 No person may be appointed as a shadow local authority governor unless that person, in the opinion of the local authority making the appointment—
(a) has the skills required to contribute to the effective governance and success of the school; and
(b) has met any additional eligibility criteria set by the local authority.”

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6 Omit regulation 9 (shadow community governor).
7 In regulation 10 (shadow foundation governor)—
(a) the text in that regulation becomes paragraph (1);
(b) after that paragraph, insert —

“2 No person may be appointed as a shadow foundation governor unless that person has, in the opinion of the local authority, the skills required to contribute to the effective governance and success of the school.”

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8 In regulation 11 (arrangements for the establishment and removal of a shadow governing body), omit paragraph (7).
9 For Part 4 (composition of a shadow governing body) substitute—

“PART 4 Composition of a Shadow Governing Body

13 Composition of shadow governing bodies
1 Subject to the following provisions of this regulation and to regulation 14, the size of the shadow governing body must be determined by the local authority.
2 The shadow governing body must include at least seven shadow governors.
3 The shadow governing body of a maintained school must include—
(a) at least two shadow parent governors;
(b) the head teacher, unless the head teacher resigns the position;
(c) one shadow staff governor; and
(d) one shadow local authority governor.
4 The shadow governing body may, in addition, appoint as a member of the shadow governing body one or more persons who, in the opinion of the shadow governing body, have the skills required to contribute to the effective governance and success of the school.
5 In this regulation, a person who is appointed under paragraph (4) is to be known as a “shadow co-opted governor”.
6 The total number of shadow co-opted governors within paragraph (7), when counted with the shadow staff governor and the head teacher, must not exceed one third of the total membership of the shadow governing body.
7 A shadow co-opted governor is within this paragraph if he or she is eligible to be elected as a shadow staff governor.

14 Additional requirements for foundation and voluntary schools
1 The shadow governing body of a foundation school or a foundation special school which, in either case, does not have a foundation, must include at least two (but no more than one quarter of the total) shadow partnership governors.
2 The shadow governing body of a foundation school or a foundation special school which, in either case, has a foundation but which is not a qualifying foundation school, must also include at least two (but no more than 45% of the total) shadow foundation governors.
3 The shadow governing body of a qualifying foundation school must include such number of shadow foundation governors as to outnumber all the other shadow governors by one or two.
4 The shadow governing body of a voluntary aided school must include such number of shadow foundation governors as to outnumber all the other shadow governors by two.
5 The shadow governing body of a voluntary controlled school must include at least two (but no more than one quarter of the total) shadow foundation governors.”

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10 After regulation 23 (functions of the clerk to the shadow governing body), insert—

“23A Attendance and voting at meetings
The shadow governing body may make arrangements for its members to participate or vote at meetings of the shadow governing body including, but not limited to, by telephone or video conference.”

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