The Government of Maintained Schools (Wales) Regulations 2005

(Regulation 38)

SCHEDULE 6 Transitional Provisions

1.  In this Schedule—

“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.

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.

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

Category of current governor	Category of governor under these Regulations
Co-opted governor	Community governor
Additional co-opted governor appointed under paragraph 15(4) of Schedule 9 to the 1998 Act	Additional Community Governor
Additional co-opted governor appointed under paragraph 2 of Schedule 1 to the 1999 Regulations	Sponsor governor
Representative governor	Representative governor
Foundation governor (including ex officio foundation governor and substitute governor)	Foundation governor (including ex officio foundation governor and substitute governor)
LEA governor	LEA governor
Parent governor	Parent governor
Partnership governor	Partnership governor
Staff governor	Staff governor
Teacher governor	Teacher governor
Head Teacher (ex officio governor)	Head Teacher (ex officio)

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

(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.

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

(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.

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.