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Prospective

(Regulation 38)

SCHEDULE 6E+WTransitional Provisions

1.  In this Schedule—E+W

“current governing body” (“corff llywodraethu cyfredol”) means a governing body constituted under an instrument of government that is in effect before 31 October 2005; and

“current governor” (“llywodraethwr cyfredol”) means any person who is appointed to or elected to office as a member of a current governing body on or before 31 October 2005 but not any person who is reappointed or re-elected to such office after that date.

Commencement Information

I1Sch. 6 para. 1 in force at 1.1.2006, see reg. 1(1)

2.  On or after the date on which an instrument of government made in accordance with these Regulations becomes effective, a current governor is to continue as a governor of the corresponding category of governor required by the instrument of government, as if he or she had been appointed to or elected to such category in accordance with these Regulations, even if he or she does not conform to the relevant requirements imposed by these Regulations for a governor of that category.E+W

Commencement Information

I2Sch. 6 para. 2 in force at 1.1.2006, see reg. 1(1)

3.  For the purposes of paragraph 2, the corresponding categories shall be as follows—E+W

Category of current governorCategory of governor under these Regulations
Co-opted governorCommunity governor
Additional co-opted governor appointed under paragraph 15(4) of Schedule 9 to the 1998 ActAdditional Community Governor
Additional co-opted governor appointed under paragraph 2 of Schedule 1 to the 1999 RegulationsSponsor governor
Representative governorRepresentative governor
Foundation governor (including ex officio foundation governor and substitute governor)Foundation governor (including ex officio foundation governor and substitute governor)
LEA governorLEA governor
Parent governorParent governor
Partnership governorPartnership governor
Staff governorStaff governor
Teacher governorTeacher governor
Head Teacher (ex officio governor)Head Teacher (ex officio)

Commencement Information

I3Sch. 6 para. 3 in force at 1.1.2006, see reg. 1(1)

4.  A current governor will hold office as a governor of the corresponding category of governor under these Regulations until—E+W

(a)the term of office that applied at the date of his election or appointment as a current governor would have expired,

(b)he or she resigns his or her office,

(c)he or she becomes disqualified from holding or continuing to hold office as a governor under these Regulations, or

(d)31 August 2008

which ever is the earlier.

Commencement Information

I4Sch. 6 para. 4 in force at 1.1.2006, see reg. 1(1)

5.  This Schedule does not prevent a current governor from—E+W

(a)being elected or appointed as a governor of any category required by the instrument of government for a further term, save as otherwise provided in these Regulations; or

(b)being removed from office under regulations 27 to 29.

Commencement Information

I5Sch. 6 para. 5 in force at 1.1.2006, see reg. 1(1)

6.  A current governor, who continues as a governor after an instrument of government made in accordance with these Regulations becomes effective, must be included in calculating the number of governors required in each category under the instrument of government.E+W

Commencement Information

I6Sch. 6 para. 6 in force at 1.1.2006, see reg. 1(1)