The School Governance (Transition from an Interim Executive Board) (Wales) Regulations 2012

Explanatory Note

(This note is not part of the Regulations)

These Regulations make provision relating to the transition of a school’s governing body from being constituted as an interim executive board in accordance with Schedule 1A to the School Standards and Framework Act 1998 to being a governing body constituted in accordance with section 19(1) of the Education Act 2002.

At least six months before the interim executive board ceases to operate the local authority must make arrangements to establish a shadow governing body (regulation 5). The shadow governing body will be constituted in the same way as a fully constituted governing body under the Government of Maintained Schools (Wales) Regulations 2005, so it will have the same categories of governors and the same numbers of governors for different types of schools (regulations 6 and 7).

Provisions of the Government of Maintained Schools (Wales) Regulations 2005 relating to qualifications of governors, resignation and removal are applied to shadow governors (regulation 8). Provision is made for a chair, a vice chair and a clerk to be appointed (regulations 9 and 10). The shadow governing body must carry out any functions delegated to it by the interim executive board (regulation 12).The clerk must attend meetings of the shadow governing body and ensure that minutes are taken and signed by the chair. Subject to certain exclusions (set out in regulation 14(2)), those minutes must be made available to interested persons. In all other respects the shadow governing body must determine its own procedure (regulation 11).

When the interim executive members vacate office, the shadow governing body is treated as if it were a normally constituted governing body. The shadow governors are treated as though they had they had been governors of a fully constituted governing body from the date of appointment or election, and the chair, vice chair and clerk are to be treated as though they had been elected or appointed under the Government of Maintained Schools (Wales) Regulations 2005 (regulation 15).