The Government of Maintained Schools (Wales) Regulations 2005

PART 1 Introduction

Title, commencement and application

1.—(1) The title of these Regulations is the Government of Maintained Schools (Wales) Regulations 2005 and they come into force on 31 October 2005, except for paragraph (2) of regulation 2, and regulation 38 and Schedule 6, which come into force on 1 January 2006.

(2) These Regulations apply in relation to Wales.

Revocations, savings and amendments

2.—(1) The Education (School Government) (Transition to New Framework) Regulations 1998(1) are hereby revoked.

(2) The Education (School Government) (Wales) Regulations 1999(2) are revoked with effect from 1 January 2006, except for the following provisions which remain in force in respect of every maintained school until a new instrument of government is made for the school in accordance with regulation 33—

• Regulation 1 except for the words “and new schools” in paragraph (3);

• Regulation 2(1) except for the definitions of “the First Transitional Regulations”, “new school” “School Organisation Regulations” and “the Second Transitional Regulations”;

• Regulation 2(2) except for the definitions of “temporary governing body” and “temporary governors”;

• Regulation 3 except for the words “or temporary governing body (however constituted)” and “or (as the case may be) new school”;

• Regulation 4 except for the words in brackets, for which are substituted the words “in accordance with the 1998 Act”;

• Regulation 5(1) (a) except for the words “or will maintain” and “or a new school”; and after the words “for which an instrument of government has been made” are added the words “in accordance with the 1998 Act”;

• Regulation 5(2) (i), (iii) and (iv), except for the words “and (b)” and the words “or, in the case of a new school which has not opened, the diocesan authority which will be the appropriate diocesan authority when the school opens”;

• Regulation 6(1) and Schedule 1;

• Regulations 9 to 12 and Schedules 2 to 4;

• Regulation 15 except for the words “Subject to Part VIII (transitional provisions), Schedule 6 sets”, for which are substituted “Paragraphs (12) to (16) of Schedule 6 to these Regulations and Schedule 5 to the Government of Maintained Schools (Wales) Regulations 2005 set”, and paragraphs (12) to (16) of Schedule 6;

• Regulations 16 and 17;

• Regulation 18 except in paragraph (1) for the words “and to Part VIII (transitional provisions)”; and

• Regulations 19 and 20.

(3) Paragraph (1) of regulation 31 of the Education (New Schools) (Wales) Regulations 1999(3), is amended by substituting the words “Part 5 of the Government of Maintained Schools (Wales) Regulations 2005” for the words “Schedule 12 to the 1998 Act”.

Interpretation

3.—(1) In these Regulations—

“the 1996 Act” (“Deddf 1996”) means the Education Act 1996(4);

“the 1998 Act” (“Deddf 1998”) means the School Standards and Framework Act 1998(5);

“the 2002 Act” (“Deddf 2002”) means the Education Act 2002;

“school teacher” (“athro neu athrawes ysgol”) is to be interpreted in accordance with section 122 of the 2002 Act;

“working day” (“diwrnod gwaith”) means any day other than a Saturday, a Sunday or a day which is a bank holiday within the meaning of the Banking and Financial Dealings Act 1971(6).

(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.

(3) Any reference in these Regulations to—

(a) a numbered regulation, Part or Schedule is a reference to the regulation, Part or Schedule bearing that number in these Regulations;

(b) a numbered paragraph is a reference to the paragraph bearing that number in the regulation or Schedule in which the reference appears; and

(c) a numbered sub-paragraph is a reference to the sub-paragraph bearing that number in the paragraph in which the reference appears.

PART 2 Categories of Governor

Parent governors

4.—(1) In these Regulations “parent governor” (“rhiant-lywodraethwr”) means—

(a) a person who is elected in accordance with paragraphs 4 to 9 of Schedule 1 as a governor by parents of registered pupils at the school and is himself or herself such a parent at the time when he or she is elected, or

(b) a person appointed as a parent governor in accordance with paragraphs 10 to 12 of Schedule 1.

(2) A person is disqualified from appointment as a parent governor in accordance with paragraphs 10 to 12 of Schedule 1 if he or she is—

(a) an elected member of the local education authority;

(b) employed by the local education authority in connection with its functions as a local education authority; or

(c) paid to work at the school for more than 500 hours in any twelve month period commencing on 1 August and finishing on 31 July,

unless he or she is a parent of a registered pupil at the school.

(3) A person is not disqualified from continuing to hold office as a parent governor when he or she ceases to be a parent of a registered pupil at the school or to fulfil any of the requirements set out in paragraphs 11 and 12 of Schedule 1 (as the case may be) unless he or she is otherwise disqualified under these Regulations.

(4) Schedule 1 applies to the election and appointment of parent governors.

Teacher governors

5.—(1) In these Regulations “teacher governor” (“athro neu athrawes lywodraethwr”) means a person—

(a) who is elected in accordance with Schedule 2 as a governor by school teachers at the school, and

(b) who is himself or herself such a school teacher at a time when he or she is elected.

(2) Upon ceasing to work at the school a teacher governor is disqualified from continuing to hold office as such a governor.

Staff governors

6.—(1) In these Regulations “staff governor” (“staff lywodraethwr”) means a person—

(a) who is elected in accordance with Schedule 2 as a governor by persons employed to work at the school otherwise than as school teachers, and

(b) who is himself or herself a person so employed at the time when he or she is elected;

and for this purpose “employed” (“a gyflogir”) means employed under a contract of employment or a contract for services.

(2) Where the instrument of government of a maintained nursery school makes provision in accordance with regulation 14(3), “staff governor” (“staff lywodraethwr”) means a person—

(a) who is elected in accordance with Schedule 2 as a governor by persons employed to work at the school, and

(b) who is himself or herself a person so employed at the time when he or she is elected;

and for this purpose “employed” (“a gyflogir”) means employed under a contract of employment or a contract for services.

(3) Upon ceasing to work at the school, a staff governor of a school is disqualified from continuing to hold office as such a governor.

LEA governors

7.—(1) In these Regulations “LEA governor” (“llywodraethwr AALl”) means a person who is appointed as a governor by the local education authority.

(2) A person is disqualified from appointment or continuing to hold office as a LEA governor of a school if he or she is eligible to be a teacher or staff governor of the school.

Community governors

8.—(1) In these Regulations—

“community governor” (“llywodraethwr cymunedol”) means a person who is appointed as a governor by the governing body and who is—

(a)

a person who lives or works in the community served by the school, or

(b)

a person who, in the opinion of the governing body, is committed to the good government and success of the school;.

“additional community governor” (“llywodraethwr cymunedol ychwanegol”) means a governor appointed in accordance with regulation 20.

(2) A person is disqualified from appointment or continuing to hold office as a community governor of a school if he or she is—

(a) a registered pupil at the school;

(b) eligible to be a teacher or staff governor of the school.

(3) A person is disqualified from appointment as a community governor of a school if he or she is an elected member of the local education authority.

(4) Paragraphs (2) and (3) do not apply in the case of an additional community governor.

Foundation governors

9.—(1) In these Regulations—

“foundation governor” (“llywodraethwr sefydliedig”) means a person who is appointed as a governor otherwise than by the local education authority and who—

(a)

where the school has a particular religious character(7), is appointed for the purpose of securing that that character is preserved and developed,

(b)

where there is a trust relating to the school, is appointed for the purpose of securing that the school is conducted in accordance with that trust, or

(c)

where the school does not have a religious character and there is no trust relating to it, is appointed as a foundation governor of the school;

“ex officio foundation governor” (“llywodraethwr sefydliedig ex officio”) means a foundation governor who is the holder of an office by virtue of which he or she is entitled to be a foundation governor;

“substitute governor” (“dirprwy lywodraethwr”) means a foundation governor appointed to act in the place of an ex officio foundation governor—

(a)

who is unwilling or unable to act as a governor,

(b)

who has been removed as a governor under regulation 27(2), or

(c)

if there is a vacancy in the office by virtue of which such a governorship exists.

(2) An ex officio foundation governor is, upon ceasing to hold the office from which his or her governorship derives, disqualified from continuing to hold office as such a governor.

Partnership governors

10.—(1) In these Regulations “partnership governor” (“llywodraethwr partneriaeth”) means a person who is nominated as a partnership governor and appointed as such in accordance with Schedule 3.

(2) A person is disqualified from nomination or appointment as a partnership governor of a school if he or she is—

(a) a parent of a registered pupil at the school;

(b) a registered pupil at the school;

(c) eligible to be a teacher or staff governor of the school;

(d) an elected member of the local education authority; or

(e) employed by the local education authority in connection with its functions as a local education authority.

Sponsor Governors

11.  In these Regulations “sponsor governor” (“noddwr-lywodraethwr”) means a person who is nominated as a sponsor governor and is appointed as such by the governing body in accordance with Schedule 4.

Representative Governors

12.  In these Regulations “representative governor” (“llywodraethwr cynrychiadol”) means a person who is appointed as such in accordance with paragraphs (4) or (5) of regulation 15.

PART 3 CONSTITUTION OF GOVERNING BODIES

Community schools

13.—(1) The governing body of a community school must consist of the following—

(a) the head teacher, unless he or she resigns the position in accordance with regulation 26(1);

(b) governors of each of the categories specified in the first column of the table below in the numbers specified in whichever of the other columns relates to the school.

TABLE

Category of governor	Secondary school-normal basis	Secondary school-option if less than 600 registered pupils	Primary school-normal basis	Primary school-option if less than 100 registered pupils
Parent Governors	6	5	4 or 5	3
LEA governors	5	4	3 or 4	2
Teacher Governors	2	2	1 or 2	1
Staff governors	1	1	1	1 or 0
Community Governors	5	4	3 or 4	2

(2) The option of having a smaller governing body constituted in accordance with the third or fifth column is available—

(a) in the case of a secondary school, where the school has less than 600 registered pupils, and

(b) in the case of a primary school, where the school has less than 100 registered pupils.

(3) As regards the alternatives specified in the fourth column of the table, the governing body of a primary school to which that column applies must be constituted in such a way as to reflect either all the first alternatives or all the second alternatives.

Maintained Nursery Schools

14.—(1) Subject to paragraph (3), the governing body of a maintained nursery school must consist of the following—

(a) the head teacher, unless he or she resigns the position in accordance with regulation 26(1);

(b) governors of each of the categories specified in the first column of the table below in the numbers specified in whichever of columns 2 or 3 relates to the school.

TABLE

Category of governor	Normal basis	Option if less than 100 registered pupils
Parent Governors	4 or 5	3
LEA governors	3 or 4	2
Teacher Governors	1 or 2	1
Staff governors	1	1 or 0
Community Governors	3 or 4	2

(2) The option of having a smaller governing body constituted in accordance with the third column is available in the case of a maintained nursery school where the school has less than 100 registered pupils.

(3) The instrument of government of a maintained nursery school may provide for a single category of staff governor instead of the two categories of teacher governor and staff governor in such numbers, being no less than one, as may be specified in the instrument of government.

(4) As regards the alternatives specified in the second column of the table, the governing body of a maintained nursery school to which that column applies must be constituted in such a way as to reflect either all the first alternatives or all of the second alternatives.

Community special schools

15.—(1) The governing body of a community special school must consist of the following—

(a) the head teacher, unless he or she resigns the position in accordance with regulation 26(1),

(b) subject to paragraphs (4) and (5), governors of each of the categories specified in the first column of the table below, in the numbers specified in either the second or the third column.

TABLE

Category of governor	Normal basis	Option if less than 100 registered pupils
Parent Governors	4 or 5	3
LEA governors	3 or 4	2
Teacher Governors	1 or 2	1
Staff governors	1	1 or 0
Community Governors	3 or 4	2

(2) The option of having a smaller governing body constituted in accordance with the third column of the table is accordingly available whether or not the school has less than 100 registered pupils.

(3) As regards the alternatives specified in the second of the table, the governing body of a community special school to which that column applies must be constituted in such a way as to reflect either all the first alternatives or all the second alternatives.

(4) Where a community special school is established in a hospital the local education authority must designate as the appropriate body—

(a) one local health board or more than one board to act jointly, or

(b) the National Health Service Trust,

with which the school is most closely associated and the appropriate body must appoint a representative governor to take the place of one of the number of community governors specified in whichever of the second or third column of the table as applies to the school.

(5) Where a community special school is not established in a hospital—

(a) the local education authority may designate one voluntary organisation or more than one such organisation to act jointly, as the appropriate voluntary organisation concerned with matters in respect of which the school is specially organised, and

(b) where an appropriate voluntary organisation is so designated, it must appoint the representative governor to take the place of one of the number of community governors specified in whichever of the second or third column of the table as applies to the school.

Foundation schools

16.—(1) The governing body of a foundation school must consist of the following—

(a) the head teacher, unless he or she resigns the position in accordance with regulation 26(1);

(b) governors of each of the categories specified in the first column of the table below in the numbers specified in whichever of the other columns relates to the school.

TABLE

Category of governor	Secondary school-normal basis	Secondary school-option if less than 600 registered pupils	Primary school-normal basis	Primary school-option if less than 100 registered pupils
Parent Governors	7	6	5 or 6	4
LEA governors	2	2	2	2
Teacher Governors	2	2	1	1
Staff governors	1	1	1	1 or 0
Foundation Governors	5	4	3 or 4	2
Community Governors	3	2	1	1

(2) Where the school does not have a foundation, the reference to foundation governors in the first column is to be read as a reference to partnership governors.

(3) The option of having a smaller governing body constituted in accordance with the third or fifth column is available—

(a) in the case of a secondary school, where the school has less than 600 registered pupils, and

(b) in the case of a primary school, where the school has less than 100 registered pupils.

(4) As regards the alternatives specified in the fourth column of the table, the governing body of a primary school to which that column applies must be constituted in such a way as to reflect either both of the first alternatives or both of the second alternatives.

Foundation special schools

17.—(1) The governing body of a foundation special school must consist of the following—

(a) the head teacher, unless he or she resigns the position in accordance with regulation 26(1),

(b) governors of each of the categories specified in the first column of the table below in the numbers specified in either the second or the third column.

TABLE

Category of governor	Normal basis	Option if less than 100 registered pupils
Parent Governors	5 or 6	4
LEA governors	2	2
Teacher Governors	1	1
Staff governors	1	1 or 0
Foundation Governors	3 or 4	2
Community Governors	1	1

(2) Where the school does not have a foundation, the reference to foundation governors in the first column is to be read as a reference to partnership governors.

(3) The option of having a smaller governing body constituted in accordance with the third column of the table is accordingly available whether or not the school has less than 100 registered pupils.

(4) As regards the alternatives specified in the second column of the table, the governing body of a foundation special school to which that column applies must be constituted in such a way as to reflect either both of the first alternatives or both of the second alternatives.

Voluntary controlled schools

18.—(1) The governing body of a voluntary controlled school must consist of the following—

(a) the head teacher, unless he or she resigns the position in accordance with regulation 26(1),

(b) governors of each of the categories specified in the first column of the table below in the numbers specified in whichever of the other columns relates to the school.

TABLE

Category of governor	Secondary school-normal basis	Secondary school-option if less than 600 registered pupils	Primary school-normal basis	Primary school-option if less than 100 registered pupils
Parent Governors	6	5	4 or 5	3
LEA governors	4	3	3	2
Teacher Governors	2	2	1	1
Staff governors	1	1	1	1 or 0
Foundation Governors	5	4	3 or 4	2
Community Governors	2	2	1	1

(2) The option of having a smaller governing body constituted in accordance with the third or fifth column is available—

(a) in the case of a secondary school, where the school has less than 600 registered pupils, and

(b) in the case of a primary school, where the school has less than 100 registered pupils.

(3) As regards the alternatives specified in the fourth column, the governing body of a primary school to which that column applies must be constituted in such a way as to reflect either both of the first alternatives or both of the second alternatives.

Voluntary aided schools

19.—(1) The governing body of a voluntary aided school must consist of the following—

(a) the head teacher, unless he or she resigns the position in accordance with regulation 26(1),

(b) governors of each of the categories specified in the first column of the table below in the numbers specified in whichever of the other columns relates to the school, and

(c) such number of foundation governors as will lead to their outnumbering the other governors mentioned in paragraphs (a) and (b)—

(i) by three, in the case of a school to which the second column applies, or

(ii) by two, in the case of any other school.

TABLE

Category of governor	Secondary school-normal basis	Secondary school-option if less than 600 registered pupils	Primary school-normal basis	Primary school-option if less than 100 registered pupils
Parent Governors	3	2	1 or 2	1
LEA governors	2	1	1 or 2	1
Teacher Governors	2	2	1	1
Staff governors	1	1	1	1 or 0

(2) The option of having a smaller governing body constituted in accordance with the third or fifth column is available—

(a) in the case of a secondary school, where the school has less than 600 registered pupils, and

(b) in the case of a primary school, where the school has less than 100 registered pupils.

(3) As regards the alternatives specified in the fourth column, the governing body of a primary school to which that column applies must be constituted in such a way as to reflect either both of the first alternatives or both of the second alternatives.

(4) The foundation governors required by sub-paragraph (1)(c) must include—

(a) at least three governors who at the time of their appointment are parents of registered pupils at the school, in the case of a school to which the second column applies, or

(b) at least two such governors in the case of any other school.

Maintained primary schools

20.—(1) This regulation applies to—

(a) any community, voluntary or foundation school which is a primary school, and

(b) any maintained nursery school,

which serves an area for which there are one or more community councils.

(2) The instrument of government of a school must provide for the governing body to include (in addition to the governors required by virtue of regulations 13, 14, 16, 18 and 19, as the case may be) one community governor nominated by the community council.

(3) If a school serves an area for which there are two or more community councils, the governing body may seek nominations from one or more of those councils.

Notification of vacancies and appointments

21.—(1) Subject to paragraphs (2) and (3), where a vacancy in the office of an appointed member of the governing body arises, the clerk to the governing body must as soon as is reasonably practicable give notice in writing of that fact to the person entitled to appoint or nominate a person to that office.

(2) Subject to paragraph (3), the clerk to the governing body must, at least two months before the date of the expiry of the term of office of an appointed member, give notice in writing of that fact to the person entitled to appoint or nominate a person to that office.

(3) Paragraphs (1) and (2) above do not apply where the person entitled to appoint a person to the office in question has already notified the clerk to the governing body in writing of the person appointed or nominated.

(4) Where any person other than a governing body makes an appointment or nominates a person to be appointed to the governing body, he or she 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 so appointed or nominated.

(5) For the purposes of this regulation, “appointed member” (“aelod penodedig”) means—

(a) a foundation governor;

(b) an LEA governor;

(c) a community governor (including an additional community governor);

(d) a representative governor;

(e) a sponsor governor; and

(f) a partnership governor.

Joint appointments

22.  If—

(a) the instrument of government of a school provides for one or more of the governors to be appointed by persons acting jointly, and

(b) those persons fail to make an agreed appointment,

the appointment is to be made by, or in accordance with a direction given by, the National Assembly for Wales.

Surplus governors

23.—(1) Where a maintained school has more governors of a particular category than are provided for by the instrument of government for the school, such number of governors of that category as is required to eliminate the excess must cease to hold office in accordance with paragraphs (2) and (3) unless a sufficient number resign.

(2) The governors who are to cease to hold office are to be determined on the basis of seniority, the governors whose current period of office as a governor of any category at the school is the shortest being the first to cease to hold office.

(3) Where it is necessary for the purposes of paragraph (2) to select one or more governors from a group of equal seniority, it must be done by drawing lots.

(4) For the purposes of this regulation, additional community governors are treated as if they constituted a separate category of governor.

PART 4 Qualifications and tenure of office

Qualifications and disqualifications

24.  Schedule 5 sets out the circumstances in which a person is qualified for or disqualified from holding or continuing in office as a governor.

Term of office

25.—(1) Subject to paragraphs (2) to (7), a governor holds office for a fixed period of four years from the date of his or her election or appointment.

(2) Paragraph (1) does not apply to any governor who is the head teacher of the school, or to any ex officio foundation governor, who may hold office for as long as he or she holds the position from which his or her governorship derives.

(3) Paragraph (1) does not apply to any foundation governor whose term of office is to be determined by the person who appointed him or her, up to a maximum of 4 years.

(4) Paragraph (1) does not apply to any additional governor, additional foundation governor or interim executive member appointed under sections 16(8), 16A(9), 18(10) or 18A(11) of the 1998 Act whose term of office is to be determined by the person who appointed him or her, up to a maximum of 4 years.

(5) Paragraph (1) does not apply to any parent governor of a maintained nursery school who is to hold office for a fixed period of two years from the date of his or her election or appointment.

(6) A substitute governor may hold office until the earlier of the following—

(a) the expiry of four years from the date when his or her appointment takes effect;

(b) the date when the original governor (not having been removed from office under regulation 27 (2)) gives written notice to the clerk to the governing body to the effect that he or she is able and willing to act as a foundation governor; or

(c) the date when a person other than the original governor takes office in the post by virtue of which the ex officio foundation governorship exists.

(7) 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 his or her office in accordance with regulation 26(1);

(c) being removed from office under regulations 27 to 29; or

(d) being disqualified, by virtue of any provision of these Regulations, from holding or continuing to hold office.

(8) In this regulation “the original governor” (“y llywodraethwr gwreiddiol”) means the ex officio foundation governor in whose place the substitute governor is appointed to act.

Resignation

26.—(1) A governor may at any time resign his or her office by giving written notice to the clerk to the governing body.

(2) The head teacher may withdraw his or her resignation at any time by giving written notice to the clerk to the governing body.

(3) An ex officio foundation governor may resign as governor either permanently or temporarily, but his or her resignation does not prejudice the ex officio governorship of his or her successor in the office from which the ex officio governorship derives.

Removal of LEA, foundation, representative, additional community and sponsor governors

27.—(1) Any LEA governor, foundation governor, or representative governor may be removed from office by the person who appointed him or her, who must give written notice thereof to the clerk to the governing body and to the governor so removed.

(2) An ex officio foundation governor may be removed from office by the person named in the instrument of government as the person entitled to remove him or her, and that person must give written notice thereof to the clerk to the governing body and to the governor so removed.

(3) Any additional community governor or sponsor governor may be removed by the person who nominated him or her, who must give written notice thereof to the clerk to the governing body and to the governor so removed.

Removal of community governors

28.  The governing body may remove any community governor (except an additional community governor) from office in accordance with the procedure set out in regulation 30.

Removal of appointed parent governors and partnership governors

29.  Any parent governor appointed by the governing body under paragraphs 10 to 12 of Schedule 1 and any partnership governor may be removed by the governing body in accordance with the procedure set out in regulation 30.

Procedure for removal of governors by the governing body

30.—(1) This regulation applies in relation to the removal of a governor from office in accordance with regulation 28 or 29.

(2) A resolution to remove a governor from office which is passed at a meeting of the governing body does not have effect unless—

(a) before the governing body resolve to remove the governor from office, the governor or governors proposing his or her removal at that meeting state their reasons for doing so and the governor whom it is proposed to remove is given an opportunity to make a statement in response; and

(b) the matter of the governor’s removal from office is specified as an item of business on the agenda for the meeting.

(3) After a resolution to remove a governor from office has been passed the governing body must inform the person removed from office of the reasons for the removal in writing.

PART 5 Instrument of Government

Interpretation of “appropriate diocesan authority” and “appropriate religious body”

31.  In this Part,

“appropriate diocesan authority” (“awdurdod esgobaethol priodol”) has the meaning given by section 142(1) and (4) of the 1998 Act;

“appropriate religious body” (“corff crefyddol priodol”), in relation to a school designated under section 69(3) of the 1998 Act as having a religious character that is not a Church in Wales school or a Roman Catholic Church school, means the body that the National Assembly for Wales considers appropriate in relation to the religion or religious denomination to which the school belongs.

Duty to have regard to guidance

32.  In respect of the making of instruments of government, the matters to be dealt with in such instruments, the form of such instruments, and the review and variation of such instruments, governing bodies and local education authorities must have regard to any guidance given from time to time by the National Assembly for Wales.

Contents and form of instrument of government

33.—(1) The instrument of government for a maintained school must set out—

(a) the name of the school;

(b) the category of school to which the school belongs;

(c) the name of the governing body of the school;

(d) the manner in which the governing body is to be constituted in accordance with Part 3, specifying—

(i) the number of governors in each category of governor,

(ii) the categories of person from whom or from amongst whose members nominations for the appointment of any additional community governor or sponsor governor are authorised by these Regulations; and

(iii) the total membership of the governing body;

(e) where the term of office for a category of governor is to be less than four years, the length of that term of office;

(f) where the school has foundation governors—

(i) the name of any person who is entitled to appoint such governors and, if there is more than one such person entitled to appoint, the basis upon which such appointments are made,

(ii) details of any foundation governorship to be held ex officio by the holder of a named office, and

(iii) the name of any person who is entitled to remove any ex officio foundation governor and to appoint any substitute governor;

(g) where the school is a community special school, the name of any appropriate body or appropriate voluntary organisation entitled to nominate a person for appointment as a representative governor under regulation 15(4) or (5);

(h) where there is a trust relating to the school, that fact;

(i) where the school is a foundation or a voluntary school designated under section 69(3) of the 1998 Act as having a religious character, a description of the religious ethos of the school; and

(j) the date when the instrument of government takes effect, which must not be earlier than 1 January 2006.

(2) The manner in which the governing body is to be constituted, as set out in accordance with sub-paragraph (1)(d), must accord with the provisions of these Regulations as they apply to a school of the category to which the school belongs.

(3) Where, for the purposes of Part 3, it is material to determine the number of registered pupils at the school, that number is to be determined as at the date when the instrument is made.

(4) The instrument of government must (subject to any statutory provision) comply with any trust relating to the school.

Procedure for making an instrument

34.—(1) Subject to paragraph (6), the governing body must prepare a draft of the instrument of government and submit it to the local education authority.

(2) Where the school has foundation governors, the governing body must not submit the draft to the local education authority unless it has been approved by—

(a) the foundation governors;

(b) any trustees of any trust relating to the school;

(c) in the case of a Church in Wales school or Roman Catholic Church school, the appropriate diocesan authority; and

(d) in the case of any other school designated under section 69(3) of the 1998 Act as having a religious character, the appropriate religious body.

(3) On receiving the draft the local education authority must consider whether it complies with all applicable statutory provisions, and if—

(a) it is content that the draft so complies, or

(b) there is agreement between it, the governing body and (if the school has foundation governors) the persons mentioned in paragraph (2) that the draft should be revised to any extent and the revised draft complies with all the applicable statutory provisions,

the instrument of government must be made by it in the form of the draft or (as the case may be) in the form of the revised draft.

(4) If, in the case of a school which has foundation governors, at any time the persons listed in paragraph (2) disagree with the draft, any of those persons may refer it to the National Assembly for Wales which must give such direction as it thinks fit having regard, in particular, to the category of school to which the school belongs.

(5) If neither of sub-paragraphs (a) and (b) of paragraph (3) applies in the case of a school which does not have foundation governors, the local education authority must—

(a) inform the governing body of the reasons why it is not content with the draft instrument of government, and

(b) give the governing body a reasonable opportunity to reach agreement with it on revising the draft;

and the instrument of government must be made by it either in the form of a revised draft agreed between it and the governing body or (in the absence of such agreement) in such form as it thinks fit having regard, in particular, to the category of school to which the school belongs.

(6) In the case of a maintained nursery school, the local education authority must prepare and make the first instrument of government.

Review of instruments of government

35.—(1) The governing body or the local education authority may review the instrument of government at any time after it is made.

(2) Where on any review the governing body or the local education authority decides that the instrument of government should be varied, the governing body or (as the case may be) the local education authority must notify the other of its proposed variation together with its reasons for proposing such a variation.

(3) Where the governing body has received notification under paragraph (2), it must inform the local education authority as to whether or not it is content with the proposed variation and, if not content, its reasons.

(4) Where the school has foundation governors, the governing body must not—

(a) give the local education authority any notification under paragraph (2), or

(b) inform the authority under paragraph (3) that it is content with the authority’s proposed variation,

unless the persons listed in regulation 34(2) have approved the proposed variation.

(5) If—

(a) whichever of the governing body and the local education authority is the recipient of a notification under paragraph (2) agrees with the proposed variation, or

(b) there is agreement between the local education authority, the governing body and (if the school has foundation governors) the other persons listed in regulation 34(2) that some other variation should be made instead,

the local education authority must vary the instrument of government accordingly.

(6) If, in the case of a school which has foundation governors, at any time the persons listed in regulation 34(2) disagree with the proposed variation any of those persons may refer it to the National Assembly for Wales; and on such a reference the National Assembly for Wales must give such direction as it thinks fit having regard, in particular, to the category of school to which the school belongs.

(7) If neither sub-paragraphs (a) and (b) of paragraph (5) applies in the case of a school which does not have foundation governors, the local education authority must—

(a) inform the governing body of the reasons—

(i) why it is not content with the governing body’s proposed variation, or as the case may be,

(ii) why it wishes to proceed with its own variation, and

(b) give the governing body a reasonable opportunity to reach agreement with it with regard to the variation;

and the instrument of government must be varied by it either in the manner agreed between it and the governing body or (in the absence of such agreement) in such manner as it thinks fit having regard, in particular, to the category of school to which the school belongs.

(8) Nothing in this regulation is to be taken as requiring the local education authority to vary the instrument of government if it does not consider it appropriate to do so.

(9) Where an instrument of government is varied under this regulation—

(a) the instrument must set out the date on which the variation takes effect; and

(b) regulation 33(3) applies in relation to any variation relating to the manner in which the governing body is to be constituted as if it referred to the date when the variation is made rather than the date when the instrument is made.

Other requirements relating to instruments of government

36.—(1) The local education authority must ensure that the persons set out in paragraph (2) are provided (free of charge) with—

(a) a copy of the school’s instrument of government, and

(b) where any variation is made to the school’s instrument of government, a consolidated version of the instrument of government incorporating all variations made by the local education authority (other than any variations which have ceased to have effect).

(2) The persons who are to be provided with the information referred to in paragraph (1) are—

(a) every member of the governing body of the school;

(b) the head teacher, whether or not the head teacher is a member of the governing body;

(c) the trustees of any trust relating to the school;

(d) in the case of a Church in Wales school or Roman Catholic Church school, the appropriate diocesan authority; and

(e) in the case of any other school designated under section 69(3) of the 1998 Act as having a religious character, the appropriate religious body.

Duty to secure making of instruments of government

37.  A local education authority must make an instrument of government in accordance with these Regulations—

(a) for each nursery school which is maintained by them no later than 31 March 2006, and

(b) for all other schools maintained by them, no later than 31 August 2008.

PART 6 Transitional Provision

Transitional provision

38.  Schedule 6 has effect for the purpose of continuing the term of office of governors on transition to an instrument of government made in accordance with these Regulations.

PART 7 Appointment, functions and removal of officers

Election of the chair and vice-chair

39.—(1) Subject to paragraph (2) and to section 18 of the 1998 Act(12) (Power of National Assembly for Wales to appoint additional governors), the governing body must elect a chair and a vice-chair from among their number annually.

(2) A governor who is paid to work at the school or who is a pupil at the school is not eligible to be chair or vice-chair of the governing body of that school.

(3) Subject to paragraphs (5) and (6), the chair or vice-chair is to hold office until his or her successor has been elected in accordance with paragraph (1).

(4) The chair or vice-chair may at any time resign his or her office by giving notice in writing to the clerk to the governing body.

(5) The chair or vice-chair ceases to hold office—

(a) when he or she ceases to be a member of the governing body;

(b) if he or she is paid to work at the school in question;

(c) if he or she is removed from office in accordance with regulation 41 or replaced by a chair nominated by the National Assembly for Wales pursuant to section 18 of the 1998 Act; or

(d) in the case of the vice-chair, he or she is elected in accordance with paragraph (6) to fill a vacancy in the office of chair.

(6) Where a vacancy arises in the office of chair or vice-chair, the governing body must at their next meeting elect one of their number to fill that vacancy, subject to paragraph (2) and to section 18 of the 1998 Act.

(7) Any election of the chair or vice-chair which is contested must be held by secret ballot.

(8) Where the chair is absent from any meeting or there is at the time a vacancy in the office of chair, the vice-chair is to act as chair for all purposes.

(9) Where in the circumstances referred to in paragraph (8) the vice-chair is absent from the meeting or there is at the time a vacancy in the office of vice-chair, the governing body must elect one of their number to act as chair for the purposes of that meeting, subject to paragraph (2).

(10) The clerk to the governing body is to act as chair during that part of any meeting at which the chair is to be elected.

Delegation of functions to the chair or vice-chair in cases of urgency

40.—(1) The chair may, where in his or her opinion the circumstances mentioned in paragraph (2) apply, exercise any function of the governing body which can be delegated under regulation 50(1).

(2) The circumstances are that a delay in exercising the function would be likely to be seriously detrimental to the interests of—

(a) the school;

(b) any pupil at the school, or his or her parent; or

(c) a person who works at the school.

(3) In paragraph (2), “delay” (“oedi”) means delay for a period extending beyond the earliest date on which it would be reasonably practicable for a meeting of the governing body, or of a committee to which the function in question has been delegated, to be held.

(4) Where it appears to the vice-chair that—

(a) the circumstances mentioned in paragraph (2) apply, and

(b) the chair (whether by reason of a vacancy in the office or otherwise) would be unable to exercise the function in question before the detriment referred to in that paragraph is suffered,

the reference in paragraph (1) to the chair is to be read as if it were a reference to the vice-chair.

Removal of the chair or vice-chair from office

41.—(1) Subject to paragraphs (3) and (4), the governing body may by resolution remove the chair from office, unless he or she has been nominated by the National Assembly for Wales pursuant to section 18 of the 1998 Act.

(2) Subject to paragraphs (3) and (4), the governing body may by resolution remove the vice-chair from office.

(3) A resolution to remove the chair or vice-chair from office does not have effect unless the matter is specified as an item of business on the agenda for the meeting, of which notice has been given in accordance with regulation 45(7).

(4) Before the governing body resolve to remove the chair or the vice-chair from office, the governor proposing his or her removal must at that meeting state his or her reasons for doing so and the chair or vice-chair (as the case may be) must be given an opportunity to make a statement in response, before withdrawing from the meeting.

Appointment and removal of the clerk to the governing body

42.—(1) This regulation is without prejudice to any rights and liabilities which the clerk may have under any contract with the governing body or with the local education authority.

(2) The governing body must appoint a clerk to the governing body.

(3) The clerk to the governing body must not be—

(a) a governor;

(b) a non-governor member of any committee of the governing body;

or

(c) the head teacher of the school.

(4) Notwithstanding paragraph (2), the governing body may, if the clerk fails to attend a meeting of theirs, appoint any one of their number (who is not the head teacher) to act as clerk for the purposes of that meeting.

(5) The governing body may remove the clerk to the governing body from office.

(6) If at any time the school does not have a delegated budget(13), the local education authority may remove the clerk to the governing body and appoint a substitute, provided the local education authority consults the governing body before taking such action.

Functions of the clerk to the governing body

43.—(1) The clerk to the governing body must—

(a) convene meetings of the governing body in accordance with regulation 45;

(b) attend meetings of the governing body and ensure minutes of the proceedings are produced in accordance with regulation 47(1);

(c) maintain a register of members of the governing body and report any vacancies to the governing body;

(d) maintain a register of governors' attendance at meetings and report on non-attendance to the governing body;

(e) give and receive notices in accordance with

regulations 21 (Notification of vacancies and appointments), 26 (Resignation), 27 (Removal of governors), 39(4) (Resignation of chair or vice chair), and 45(4) (convening meetings) of, and paragraph 13 of Schedule 5 (Notification of disqualification) to, these Regulations.

(f) report to the governing body as required on the discharge of his or her functions; and

(g) perform such other functions as may be determined by the governing body from time to time.

(2) The clerk to the governing body may provide it with advice on its functions and procedures.

PART 8 Meetings and proceedings of governing bodies

Right of persons to attend meetings of the governing body

44.  —Subject to regulation 63 of, and Schedule 7 to, these Regulations the following persons are entitled to attend any meeting of the governing body—

(a) subject to regulation 49, a governor;

(b) the head teacher of the school, whether or not he is a governor;

(c) the clerk to the governing body; and

(d) such other persons as the governing body may determine.

Convening meetings of the governing body

45.—(1) The governing body must hold at least one meeting during every school term.

(2) Meetings of the governing body must be convened by the clerk and, without prejudice to paragraph (3), in exercising this function the clerk must comply with any direction given by—

(a) the governing body; or

(b) the chair, so far as such direction is not inconsistent with any direction given under sub-paragraph (a).

(3) Any three members of the governing body may requisition a meeting by giving written notice to the clerk that includes a summary of the business to be transacted; and the clerk must convene a meeting as soon as is reasonably practicable.

(4) Subject to paragraphs (5), (6) and (7), the clerk must give written notice of the meeting, a copy of the agenda, and any reports or other papers to be considered at the meeting at least five clear working days in advance to—

(a) each governor;

(b) the head teacher (whether or not he or she is a governor); and

(c) the local education authority.

(5) Where the chair so determines, on the ground that there are matters demanding urgent consideration, it is sufficient if the written notice of the meeting states that fact and the notice, copy of the agenda, reports and other papers to be considered are given within such shorter period as he or she directs.

(6) This paragraph applies in relation to any meeting at which—

(a) the removal of the chair or vice-chair from office,

(b) the suspension of any governor,

(c) the removal of a community governor or sponsor governor, or

(d) a decision to serve notice of discontinuance of the school under section 30 of the 1998 Act

is to be considered.

(7) Where paragraph (6) applies—

(a) written notice of the meeting, a copy of the agenda and any reports or other papers to be considered at the meeting must be given at least seven clear working days in advance; and

(b) the power of the chair to direct that a meeting be held within a shorter period does not apply.

(8) The functions of the chair in this regulation may be exercised by the vice-chair in the absence of the chair or where there is a vacancy in the office of chair.

(9) A meeting of the governing body and its proceedings are not invalidated by reason of any person not having received written notice of the meeting or a copy of the agenda.

Quorum and proceedings of the governing body

46.—(1) The quorum for a meeting of the governing body and for any vote on any matter at such a meeting is one half (rounded up to a whole number) of the membership of the governing body excluding any vacancies and any governors suspended from that meeting in accordance with regulation 49.

(2) Every question to be decided at a meeting of the governing body must be determined by a majority of the votes of the governors present and voting on the question.

(3) Where there is an equal division of votes the chair or, as the case may be, the person who is acting as chair for the purposes of the meeting (provided that such person is a governor), has a second or casting vote.

(4) No decision to serve notice of discontinuance of the school under section 30 of the 1998 Act whether taken by the governing body or by a committee, has effect unless it is confirmed by the governing body at a meeting held not less than 28 days after the meeting at which the decision was made and—

(a) the matter is specified as an item of business on the agenda for both meetings; and

(b) notice of the second meeting is given in accordance with regulation 45(7).

(5) The proceedings of the governing body of a school are not invalidated by—

(a) any vacancy among their number;

(b) any defect in the election, appointment or nomination of any governor;

(c) any defect in the appointment of the chair or vice-chair; or

(d) the school having more governors of a particular category than are provided for by the instrument of government(14).

Minutes and papers

47.—(1) The clerk (or the person appointed to act as clerk for the purpose of the meeting in accordance with regulation 42(4)) must ensure that minutes of the proceedings of a meeting of the governing body are drawn up and signed (subject to the approval of the governing body) by the chair (or the person acting as chair) at the next meeting.

(2) The minutes of proceedings must be entered into a book kept for the purpose by the clerk and may be entered on loose-leaf pages consecutively numbered; but in that case the person signing the minutes must initial each page.

(3) The person acting as clerk to the governing body for the purposes of any meeting must record immediately before the entry recording the minutes of that meeting in the book or pages used for that purpose the names of those members of the governing body and of any other person present at the meeting concerned.

(4) The governing body must supply a copy of the draft or signed minutes of a particular meeting to the local education authority that maintains the school in question on request by the authority concerned.

Publication of minutes and papers

48.—(1) Subject to paragraph (2), the governing body must, as soon as reasonably practicable, make available for inspection at the school by any interested person, a copy of—

(a) the agenda for every meeting;

(b) the signed minutes of every such meeting;

(c) any report or other paper considered at any such meeting; and

(d) the draft minutes of any meeting, if they have been approved by the person acting as chairman of that meeting.

(2) The governing body may exclude from any item required to be made available in pursuance of paragraph (1) any material relating to—

(a) a named person who works, or who it is proposed should work, at the school; or

(b) a named pupil at, or candidate for admission to, the school; or

(c) any other matter that, by reason of its nature, the governing body is satisfied should remain confidential.

(3) Each page of published copies of any draft minutes of proceedings of meetings approved by the chair must indicate that they are draft minutes.

Suspension of governors

49.—(1) Subject to paragraphs (2), (3) and (4), the governing body may by resolution suspend a governor for all or any meetings of the governing body, or of a committee, for a fixed period of up to 6 months on one or more of the following grounds—

(a) that the governor, being a person paid to work at the school, is the subject of disciplinary proceedings in relation to his or her employment;

(b) that the governor is the subject of proceedings in any court or tribunal, the outcome of which may be that he or she is disqualified from continuing to hold office as a governor under Schedule 5;

(c) that the governor has acted in a way that is inconsistent with the ethos or with the religious character of the school and has brought or is likely to bring the school or the governing body or his or her office into disrepute; or

(d) that the governor is in breach of his or her duty of confidentiality to the school or to any member of staff or to any pupil at the school.

(2) A resolution to suspend a governor from office does not have effect unless the matter is specified as an item of business on the agenda for the meeting of which notice has been given in accordance with regulation 45(7).

(3) Before a vote is taken on a resolution to suspend a governor, the governor proposing the resolution must at the meeting state his or her reasons for doing so, and the governor who is the subject of the resolution must be given the opportunity to make a statement in response before withdrawing from the meeting in accordance with paragraph 2(2) of Schedule 7.

(4) Nothing in this regulation is to be read as affecting the right of a governor who has been suspended—

(a) to receive notices of, and agendas and reports or other papers for, meetings of the governing body, or

(b) to attend a meeting of the governing body convened in accordance with regulation 30 to consider his or her removal from office,

during the period of his or her suspension.

(5) Nothing in this regulation is to be read as preventing a governing body from suspending a governor who has been suspended under paragraph (1) for a further fixed period or periods, whether or not on the same ground as that of the original suspension, and paragraphs (1) to (4) apply in relation to each suspension.

(6) A governor is not disqualified from continuing to hold office under paragraph 5 of Schedule 5 for failure to attend any meeting of the governing body while suspended under this regulation.

Delegation of functions

50.—(1) Subject to regulation 51 of these Regulations, regulation 3(2) of the Religious Character of Schools (Designation Procedure) Regulations 1998(15) and regulation 7 of the School Government (Terms of Reference) (Wales) Regulations 2000(16), the governing body may delegate any of its functions to—

(a) a committee;

(b) any governor; or

(c) the head teacher (whether or not he or she is a governor).

(2) Where the governing body has delegated functions this does not prevent the governing body from exercising those functions.

(3) The governing body must review the exercise of functions it has delegated annually.

Restrictions on delegation and specified committees

51.—(1) The governing body may not delegate under regulation 50(1) its functions under the following regulations—

(a) those in Part 2 (categories of governors);

(b) those in Part 3 (constitution of governing bodies);

(c) those in Part 4 (removal of governors);

(d) those in Part 5 (instruments of government);

(e) regulations 39 and 41 (election and removal of chair and vice chair);

(f) regulation 42 (appointment and removal of the clerk to the governing body);

(g) regulation 49 (suspension of governors);

(h) regulation 50 (delegation of functions);

(i) regulation 54 (establishment of committees)

nor may it delegate its functions in respect of head teacher and deputy head teacher selection panels under paragraph 6 of Schedule 16 and paragraphs 7 and 30 of Schedule 17 to the 1998 Act.

(2) The governing body may not delegate to an individual under regulation 50(1) —

(a) the functions in:

(i) sections 28, 29, 30 and 31 of, and paragraph 10(4) of Schedule 6 to the 1998 Act (Alteration or discontinuance of maintained schools);

(ii) sections 28(17) and 31 of the 1998 Act as they have effect by virtue of Regulations made under Schedule 8 to the 1998 Act in relation to proposals under that Schedule (Change of category of maintained schools);

(iii) a scheme made by the local authority under section 48(1) of the 1998 Act, to the extent that it requires the governing body to give their approval to the first formal budget plan of the financial year;

(iv) section 61(1) to (3) of the 1998 Act (school discipline policies);

(v) sections 88, 89(18), 89A(19) 90(8) and 91 of the 1998 Act (which relate to the determination of admission arrangements), section 90(1) of the 1998 Act (which relates to the reference to the National Assembly for Wales of objections about admission arrangements), section 93 of and Schedule 23 to the 1998 Act (which relate to fixing admission numbers and variation of standard numbers), or section 94(20) of the 1998 Act in so far as it relates to the determination of appeal arrangements by the governing body;

(vi) section 63 of the 1998 Act (school attendance targets);

(vii) section 439(7) of the 1996 Act (school attendance orders);

(viii) section 95(2) and 97(3) of the 1998 Act (appeal against a decision of the local education authority to admit a child and referral to the Assembly in respect of a direction made by the local education authority to admit a child); or

(b) the functions that must be delegated to the committees specified in regulations 55 to 57.

Reporting to the governing body following the exercise of delegated functions

52.—(1) This regulation applies where any function of the governing body has been delegated to or is otherwise exercisable by—

(a) a governor (including the chair or vice-chair);

(b) the head teacher (whether or not he or she is a governor); or

(c) a committee.

(2) Any individual or committee to whom a function of the governing body has been delegated or that has otherwise exercised a function of the governing body, must report to the governing body in respect of any action taken or decision made with respect to the exercise of that function.

PART 9 Committees of governing bodies

Application of this Part

53.  This Part does not apply in relation to head teacher and deputy head teacher selection panels established under Schedule 16 or 17 to the 1998 Act.

Establishment of committees of the governing body

54.—(1) This regulation applies to committees of the governing body subject to regulations 55, 56 and 57.

(2) The governing body is to determine the constitution, membership and terms of reference of any committee it decides to establish and review them annually.

(3) A chair must be appointed annually to each committee by the governing body or elected by the committee, as determined by the governing body.

(4) A committee must elect a member of that committee to act as chair in the absence of the chair appointed under paragraph (3).

(5) No person who is employed to work at the school, nor a registered pupil of the school may act as chair of a committee.

(6) The governing body may remove the chair to any committee from office at any time.

(7) The membership of a committee may include persons who are not governors and the extent to which such members are entitled to vote is to be determined by the governing body.

(8) The majority of members on any committee must be governors.

Staff disciplinary and dismissal committee and disciplinary and dismissal appeals committee

55.—(1) The following functions of the governing body of a school must be delegated to a committee, to be known as the staff disciplinary and dismissal committee—

(i) at a community, voluntary controlled or community special school, the initial determination under paragraph 25 of Schedule 16 to the 1998 Act that any person employed by the local education authority to work at the school should cease to work there;

(ii) at a foundation, voluntary aided or foundation special school, the initial decision that a person employed to work at the school should have his or her contract of employment with the governing body terminated or should not have his or her contract renewed (except where the dismissal is pursuant to a direction of the local education authority under section 55(5) of the 1998 Act); and

(iii) the hearing of representations in relation to a decision which must be delegated under this paragraph.

(2) The hearing of any appeal in respect of a decision that must be delegated under paragraph (1) must be delegated to a committee, known as the disciplinary and dismissal appeals committee.

(3) Subject to paragraph (9), the staff disciplinary and dismissal committee must include not less than three governors.

(4) The disciplinary and dismissal appeals committee must include no fewer governors than the staff disciplinary and dismissal committee the decision of which is subject to appeal.

(5) The quorum for a meeting of the staff disciplinary and dismissal committee and the disciplinary and dismissal appeals committee and any vote on any matter at the committees is the same as the minimum requirements for the composition of those committees specified in this regulation.

(6) Where a disciplinary and dismissal appeals committee is considering an appeal against a decision of the staff disciplinary and dismissal committee, no member of the staff disciplinary and dismissal committee whose decision is subject to appeal may take part in the proceedings of the disciplinary and dismissal appeals committee.

(7) The head teacher of the school shall not be a member of the staff disciplinary and dismissal committee or the disciplinary and dismissal appeal committee.

(8) No member of the staff disciplinary and dismissal committee or the disciplinary and dismissal appeal committee who is not a governor is entitled to vote in any proceedings of the committee in question.

(9) Where it is not reasonably practicable for the staff disciplinary and dismissal committee and the disciplinary and dismissal appeal committee each to include three governors, the staff disciplinary and dismissal committee may include two governors.

Pupil discipline and exclusions committee

56.—(1) The governing body of a school must establish a committee, to be known as the pupil discipline and exclusions committee, to discharge the functions conferred on it by or under regulations made under section 52(3) and (4) of the 2002 Act (Exclusion of pupils)(21).

(2) The pupil discipline and exclusions committee must consist of either three or five governors, but must not include the head teacher.

(3) The quorum for a meeting of the pupil discipline and exclusions committee and any vote on any matter before the committee is three members of the committee.

(4) The chair of the pupil discipline and exclusions committee may exercise any function conferred on the governing body by or under regulations made under section 52(3) and (4) of the 2002 Act (Exclusion of pupils) in a case where—

(a) a pupil has been excluded for a fixed period in circumstances in which he or she would, as a result of the exclusion, lose an opportunity to take any public examination; and

(b) it appears to the chair that it would not be practical for a quorate meeting of the committee to take place for any purpose referred to in such regulations before the time when the pupil would be due to take that examination.

Admissions committee

57.—(1) Where the governing body of a school is the admissions authority for that school it must establish a committee, to be known as the admissions committee, to exercise its powers to determine whether any child should be admitted to the school.

(2) A committee established under paragraph (1) must consist of—

(a) the head teacher of the school (who is entitled to vote whether or not he or she is a governor); and

(b) at least two other governors

(3) In the case of a school which has more than one head teacher, the reference in paragraph (2)(a) to the head teacher is to be interpreted as a reference to one of the head teachers.

(4) The quorum for the admissions committee and any vote on any matter at the committee is the same as the minimum requirement for the composition of the committee specified in this regulation.

Clerks to committees

58.—(1) The governing body must appoint a clerk to each committee established in accordance with regulations 55 to 57 and may appoint a clerk to any other committee established by it.

(2) The head teacher of the school may not be appointed as clerk under paragraph (1).

(3) Notwithstanding paragraph (1), the committee may, if the clerk fails to attend a meeting of theirs, appoint any one of their number (who is not the head teacher) to act as clerk for the purposes of that meeting.

(4) The governing body may remove any clerk appointed to any of their committees from office at any time.

(5) A clerk appointed to a committee of the governing body must—

(a) convene meetings of the committee;

(b) attend meetings of the committee and ensure that minutes of the proceedings are drawn up; and

(c) perform such other functions with respect to that committee as may be determined by the governing body from time to time.

Right of persons to attend meetings of committees

59.—(1) Subject to paragraphs (2) and (3) and Schedule 7 to these Regulations the following persons are entitled to attend any meeting of a committee—

(a) any member of the committee, provided he or she is not a governor who has been suspended in accordance with regulation 49;

(b) the head teacher of the school, whether or not he or she is a member of the committee;

(c) the clerk to the committee; and

(d) such other persons as the governing body or the committee may determine.

(2) A committee may exclude a member who is not a governor from any part of its meeting which he or she is otherwise entitled to attend when the business under consideration concerns an individual member of staff or pupil.

(3) Paragraph (1)(b) does not apply in relation to the committees referred to in regulations 55 and 56 or in relation to any committee or selection panel exercising any function under Schedules 16 or 17 to the 1998 Act.

Meetings of committees

60.—(1) Subject to paragraph (2) meetings of a committee must be convened by the clerk to that committee who, when exercising this function, must comply with any direction given by—

(a) the governing body;

(b) the chair of that committee, so far as such direction is not inconsistent with any direction given under sub-paragraph (a).

(2) Where a clerk has not been appointed committee meetings must be convened by the chair who, when exercising this function, must comply with any direction given by the governing body.

(3) Subject to any direction given in accordance with paragraphs (1) or (2), at least five clear working days in advance the clerk must give to each member of the committee and to the head teacher (whether or not he or she is a member of the committee)—

(a) written notice of the meeting,

(b) a copy of the agenda for the meeting, and

(c) any reports or other papers to be considered at the meeting;

but where the chair of the committee so determines on the ground that there are matters demanding urgent consideration, it is sufficient if the written notice of the meeting states that fact and the notice, agenda and reports or other papers to be considered at the meeting are given within such shorter period as he or she directs or decides (as the case may be).

(4) The proceedings of a committee are not be invalidated by—

(a) any vacancy among their number; or

(b) any defect in the appointment of any member of the committee.

(5) Subject to regulations 55(5), 56(3) and 57(4), the quorum for a meeting of a committee and for any vote on any matter at such a meeting is one half (rounded up to a whole number) of the membership of the committee excluding any vacancies.

(6) No vote on any matter may be taken at a meeting of a committee unless the majority of members of the committee present are governors.

(7) Every question to be decided at a meeting of a committee is to be determined by a majority of the votes of the members of the committee present and voting on the question.

(8) Where there is an equal division of votes the person who is acting as chair for the purposes of the meeting has a second or casting vote, provided that such person is a governor.

Minutes of meetings of committees

61.—(1) Minutes of the proceedings of a meeting of a committee must be drawn up by the clerk to the committee or by the person acting as the clerk for the purposes of the meeting; and must be signed (subject to the approval of the committee) by the chair of the next meeting of the committee.

(2) Any committee of the governing body must supply their local education authority with a copy of the draft or signed minutes of any meeting of theirs on request by that authority.

Publication of minutes and papers

62.—(1) Subject to paragraph (2) the committee must, as soon as reasonably practicable, make available for inspection at the school by any interested person a copy of—

(a) the agenda for every committee meeting;

(b) the signed minutes of every such meeting; and

(c) any report or other paper considered at any such meeting.

(2) The committee may exclude from any item required to be made available in pursuance of paragraph (1) any material relating to—

(a) a named person who works, or who it is proposed should work, at the school;

(b) a named pupil at, or candidate for admission to, the school;

(c) any other matter that, by reason of its nature, the committee is satisfied should remain confidential.

PART 10

Restrictions on persons taking part in proceedings

63.—(1) In this regulation and in Schedule 7—

(a) “relevant person” (“person perthnasol”) means a governor, a member of a committee who is not a governor, the head teacher (whether or not he or she is a governor) or any person appointed as clerk to the governing body or to a committee; and

(b) any reference to “meeting of the school” (“cyfarfod o'r ysgol”) is a reference to a meeting of the governing body or of a committee, including a selection panel established under Schedules 16 or 17 to the 1998 Act.

(2) Subject to paragraph (4), where—

(a) in relation to any matter there may be a conflict between the interests of a relevant person and the interests of the governing body;

(b) a fair hearing is required and there is any reasonable doubt about a relevant person’s ability to act impartially in relation to any matter; or

(c) a relevant person has a pecuniary interest in any matter;

that person, if present at a meeting of the school at which the matter is the subject of consideration, must disclose his or her interest, withdraw from the meeting and not vote on the matter in question.

(3) Nothing in this regulation or in Schedule 7 is to be construed as precluding—

(a) the governing body, or a committee, from—

(i) allowing a person who appears to them to be able to give evidence to attend any hearing conducted by them into any matter and to present his or her evidence; or

(ii) hearing representations from a relevant person acting in a capacity other than that of a relevant person; or

(b) a relevant person from entering into a contract with the governing body from which he or she is entitled to profit.

(4) A person who is acting as the clerk to a meeting of the school is not required to withdraw from a meeting by this regulation or Schedule 7 unless his or her appointment to office, his or her remuneration, or disciplinary action against him or her is the subject of consideration, but if this regulation or Schedule 7 would have otherwise required him or her to withdraw, he or she may not act in any capacity other than that of a clerk.

(5) Where there is any dispute as to whether a relevant person is required by this regulation, or by Schedule 7 to withdraw from a meeting of the school and not vote, that question is to be determined by the other governors present at the meeting.

(6) Schedule 7 makes provision about pecuniary interests and other specified conflicts of interest.

Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998(22)

D. Elis-Thomas

The Presiding Officer of the National Assembly

18 October 2005