Regulation 38 Appointment or election of new governors

(1)

The following paragraphs shall apply in relation to the appointment or election of governors referred to in regulation 36(2).

(2)

In paragraph 3, “temporary co-opted governor” has the meaning in Part III of these Regulations, or, in the case of a school to which regulation 13 of the School Organisation Regulations applies, means a governor who was appointed as a temporary co-opted governor under the 1996 Act.

(3)

Any co-opted governor shall be appointed by members of the temporary governing body, who are not themselves temporary co-opted governors.

(4)

(a)

Any parent governor shall be either—

(i)

elected (after the school’s opening date) by parents of registered pupils at the new school and himself such a parent at the time when he is elected; or

(ii)

appointed (after the school opening date) as a parent governor by the temporary governing body in the circumstances and subject to the provisions set out in Schedule 2 to the Main School Government Regulations (which shall apply for these purposes subject to the modifications in sub-paragraph (b)).

(b)

For the purposes set out in sub-paragraph (a)(ii), Schedule 2 to the Main School Government Regulations shall apply as if—

(i)

references in that Schedule to the governing body were references to the temporary governing body;

(ii)

Schedule 4 to those Regulations had been amended pursuant to regulation 40 of these Regulations.

(5)

(a)

Any partnership governor shall be a person who (after the school opening date) is nominated as a partnership governor, and appointed as such, in accordance with Schedule 3 to the Main School Government Regulations (which shall apply for these purposes subject to the modifications in sub-paragraph (b)).

(b)

For the purposes set out in sub-paragraph (a), Schedule 3 to the Main School Government Regulations shall apply as if references in that Schedule to the governing body were references to the temporary governing body.

(6)

Any staff governor shall be elected (after the school opening date) by persons employed to work at the new school otherwise than as teachers, and shall himself be a person so employed at the time when he is elected.

(7)

Any teacher governor shall be:

(a)

a person elected (after the school’s opening date) by teachers at the new school; and

(b)

such a teacher at the time when he is elected,

and for this purpose “teacher” means a teacher employed under a contract of employment or a contract for services or otherwise engaged to provide his services as a teacher.