Regulation 34 Substitutes for ex officio foundation governors
The instrument of government for a new school shall name the person or persons who shall be entitled to appoint a foundation governor to act in the place of an ex officio foundation governor in any case where—
(a)
that ex officio foundation governor is unable or unwilling to act as such, or
(b)
there is a vacancy in the office by virtue of which such a governorship exists.