The Government of Maintained Schools (Wales) Regulations 2005

(Regulation 4)

SCHEDULE 1 Election and appointment of parent governors

1.  In this Schedule “appropriate authority” (“awdurdod priodol”) means—

(a) in relation to a community school, a community special school, a maintained nursery school or a voluntary controlled school, the local education authority; and

(b) subject to paragraph 3, in relation to a voluntary aided school, foundation school or foundation special school, the governing body.

2.  Where a local education authority is the appropriate authority in relation to a school, that authority may delegate to the head teacher of the school any of its functions under this Schedule.

3.  The local education authority is the appropriate authority in relation to a school within paragraph 1(b) if the governing body and the local education authority so agree.

4.  Subject to paragraphs 5 to 9 the appropriate authority must make all the necessary arrangements for the election of parent governors.

5.  The appropriate authority is to determine for the purposes of an election of parent governors, any question whether a person is a parent of a registered pupil at the school.

6.  The power conferred by paragraph 4—

(a) does not include power to impose any requirements as to the minimum number of votes required to be cast for a candidate to be elected, but

(b) does include the power to make provision as to qualifying dates.

7.  Any election which is contested must be held by secret ballot.

8.—(1) The arrangements made under paragraph 4 must provide for every person who is entitled to vote to have an opportunity to do so by post.

(2) For the purposes of sub-paragraph (1), “post” (“post”) includes delivery by hand.

(3) The arrangements made under paragraph 4 may provide for every person who is entitled to vote to have an opportunity to do so by electronic means.

9.  Where a vacancy for a parent governor arises, the appropriate authority must take such steps as are reasonably practicable to secure that every person who is known to them to be a parent of a registered pupil at the school is—

(a) informed of the vacancy and that is required to be filled by election;

(b) informed that he or she is entitled to stand as a candidate and vote in the election; and

(c) given the opportunity to do so.

10.  The number of parent governors required must be made up by parent governors appointed by the governing body, if one or more vacancies for parent governors arises and either—

(a) the number of parents standing for election is less than the number of vacancies;

(b) at least 50 per cent of the registered pupils at the school are boarders and it would, in the opinion of the appropriate authority, be impractical for there to be an election of parent governors; or

(c) in the case of a school which is a community special or foundation special school established in a hospital, it would, in the opinion of the appropriate authority, be impractical for there to be an election of parent governors.

11.—(1) Except where paragraph 12 applies, the governing body must appoint as a parent governor—

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

(b) where it is not reasonably practicable to do so, a parent of a child of compulsory school age, or in the case of a maintained nursery school, of or under compulsory school age.

12.—(1) Where the school is a community special school or a foundation special school, the governing body must appoint—

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

(b) a parent of a child of compulsory school age with special educational needs; or

(c) a parent of a person of any age with special educational needs; or

(d) a parent of a child of compulsory school age.

(2) The governing body may only appoint a person referred to in sub-paragraph (1) (b), (c) or (d) if it is not reasonably practicable to appoint a person referred to in the sub-paragraph which immediately precedes it.