PART 7Appointment, functions and removal of officers

Appointment and removal of the clerk to the governing body42

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 budget14, 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.