The Government of Maintained Schools (Wales) Regulations 2005

Contents and form of instrument of government E+W

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.

Commencement Information

I1 Reg. 33 in force at 31.10.2005, see reg. 1(1)