Explanatory note

These Regulations make provision with respect to the appointment of the initial first or (as the case may be) foundation governors of a new grant-maintained school (Part II). They also make provision relating to the persons appointed as parent and teacher governors of such a school before the implementation date of the relevant proposals (Part III).

Part II of the Regulations makes separate provision with respect to schools proposed to be established by the funding authority in pursuance of proposals under section 48 of the Education Act 1993 (“1993 Act”), and schools proposed to be established by promoters in accordance with section 49 of the 1993 Act. In the former case, the Regulations require the funding authority, before the incorporation of the governing body, to appoint the number of initial first governors specified in the proposals (regulation 2). In the latter case, the promoters are required to appoint before the incorporation date the number of initial foundation governors specified in the proposals (regulation 3). In both cases, the funding authority or (as the case may be) the promoters are to obtain the Secretary of State’s consent before making any appointment. Part II of the Regulations also includes provision for the replacement of any governors so appointed (regulation 4).

Part III of the Regulations prescribe the requirements which a person is to satisfy in order to be appointed as a parent or teacher governor before the implementation of proposals for the establishment of a new grant-maintained school (regulations 6 and 7). Part III also makes provision as to the length of term of office of such governors (regulation 8).