# The Education (School Government) Regulations 1989, Note: Explanatory note (This note is not part of the Regulations) These Regulations apply (except where the context otherwise requires) in relation to all county, voluntary and maintained special schools. The Regulations make provision as to the meetings and proceedings of the governing bodies of such schools. Provision is also made as to the delegation of functions by governing bodies, and the establishment of committees by them (Part III); 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 IV); 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 V). The Regulations revoke the Education (School Government) Regulations 1987 (“the 1987 Regulations”) (regulation 2), and re-enact them with additions and amendments. Major amendments and new provisions are noted below. 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; “governing body” includes a temporary governing body; and “school” includes a new school as defined in paragraph 1 of Schedule 2 to the Education (No. 2) Act 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). Regulation 7, which relates to disqualification of persons with criminal convictions, extends the provision contained in the 1987 Regulations so as to apply to convictions outside the United Kingdom, and introduces a scale of length of disqualification related to the seriousness of the offence. 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, 22 and the Schedule 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 or establishing committees; 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. The provisions previously contained in the 1987 Regulations are amended to provide for circumstances in which head and other teachers are not to be regarded as having a pecuniary interest. Regulations 16, 17 and 18 make provision requiring a head teacher’s decision not to be a 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. Regulation 20 makes provision as to the rescission and variation of resolutions. Regulation 21 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 23 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 24 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 25 to 27 (which are additional to the provisions contained in the 1987 Regulations) make provision for delegation and committees. Governing bodies may delegate to a committee, a single governor or the head teacher (whether he is a governor or not) any of their functions other than those listed. Decisions as to the dismissal of staff in a school which has a delegated budget, or as to the reinstatement of excluded pupils, may be delegated to a committee, but not to an individual (regulation 25). Subject to certain restrictions, it is for the governing body to determine the terms on which they delegate any functions. The membership of committees may include non-members of the governing body, but such persons are not to have a vote. Special provisions apply to committees considering the dismissal of staff or the reinstatement of excluded pupils (regulation 26). Regulation 27 provides for a report to be made to the next meeting of the governing body by any person or committee to whom functions are delegated. Regulations 28 and 29 make provision as to the meetings and proceedings of selection panels in schools which do not have a delegated budget. Regulations 30 and 31 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 30), and enabling them to make certain staff appointments in schools which do not have a delegated budget (regulation 31), in either case without consulting the governing body or temporary governing body of the school concerned. --- Source: https://www.legislation.gov.uk/uksi/1989/1503/note (the official version) Page: https://openlegislation.uk/education-school-government-regulations-1989/note Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.