Explanatory note

These Regulations apply (except where the context otherwise requires) in relation to all county, voluntary and maintained special schools. They revoke the Education (School Governing Bodies) Regulations 1981 (S.I. 1981/809) and the Education (School Governing Bodies) (Amendment) Regulations 1981 (S.I. 1981/1180) (regulation 2), and make fresh provision as to the meetings and proceedings of the governing bodies of such schools. Provision is also made as to the meetings and proceedings of selection panels (constituted in relation to the appointment of head teachers and deputy head teachers at county, controlled, maintained special and special agreement schools) (Part III); and as to the circumstances in which a local education authority, where they would otherwise have been required to consult the governing body of a school before taking a particular step, may proceed without such consultation (Part IV). Except where the context otherwise requires, any reference to a “governing body” is a reference to the governing body of a county, voluntary or maintained special school (whether constituted under the Education (No. 2) Act 1986 or under an earlier enactment); “governing body” includes a temporary governing body; and “school” includes a new school as defined in paragraph 1 of Schedule 2 to the said Act of 1986 (regulation 3).

Regulations 4 to 8 and 15 make provision as to the circumstances and cases in which persons are, or may become, disqualified from holding office as governors or temporary governors. These circumstances and cases are exhaustive and cannot be extended under the instrument of government or arrangement for a school (regulation 4).

Regulations 9 and 10 make provision with respect to the election by governing bodies and temporary governing bodies of a chairman and vice-chairman, and regulation 11 makes provision with respect to the rights of head teachers to attend meetings of governing bodies and temporary governing bodies.

Regulations 12, 13, 14, 19, 23 and Schedule 2 make provision as to the meetings and proceedings of governing bodies and temporary governing bodies including, in particular, provisions as to the convening of meetings; as to the quorum for meetings of governing bodies and when governors meet for the purpose of making certain appointments and co-options; as to the keeping of minutes; and as to the circumstances and cases in which governors (and others) present at meetings are to withdraw or in which their participation in the proceedings is otherwise restricted.

Regulations 16, 17 and 18 make provision requiring a head teacher’s decision not to be governor (or a temporary governor) and any resignation or removal of a governor (or temporary governor) to be notified to the clerk to the governing body (or temporary governing body) concerned, and for him to be notified of appointments and vacancies.

Regulations 20 and 21 make further provision as to the conduct of business and termination of meetings of governing bodies and temporary governing bodies of certain voluntary schools as mentioned in those regulations.

Regulation 22 provides for any question as to who (apart from those specified as entitled to attend) should be allowed to attend meetings of governing bodies and temporary governing bodies to be decided by the governing body or temporary governing body concerned.

Regulation 24 makes provision for enabling the functions of a governing body or temporary governing body to be discharged, as a matter of urgency, by the chairman or vice-chairman thereof in the circumstances mentioned in that regulation.

Regulation 25 provides for minutes and other papers of the governing body of a school to be available for inspection at the school, subject to the safeguards mentioned therein.

Regulations 26 and 27 make provision as to the meetings and proceedings of selection panels.

Regulations 28 and 29 contain provisions enabling a local education authority, in cases of urgency, to direct a head teacher to reinstate a pupil who has been excluded from school (regulation 28), and enabling them to make certain staff appointments (regulation 29), in either case without consulting the governing body or temporary governing body of the school concerned.