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Regulation 13 Current governors continuing in office

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

Paragraph (2) applies to any member of a current governing body who on 31st August 1999 is a governor who was when appointed (within the meaning of the 1996 Act)—

(a)

a co-opted governor;

(b)

a parent governor;

(c)

a teacher governor;

(d)

a foundation governor (other than an ex officio foundation governor); or

(e)

a governor appointed by the local education authority.

(2)

Subject to paragraph (3) a governor to whom this paragraph applies shall continue from midnight on 31st August 1999 as a governor of the corresponding category required by the instrument of government (if any such category exists), even if he does not conform to the relevant requirements imposed by or under the 1998 Act for a governor of that category.

(3)

For the purposes of paragraph (2) above and paragraph (1) of regulation 14—

(a)

a co-opted governor within the meaning of the 1996 Act shall not be treated as a governor of a category corresponding to that of additional co-opted governor; and

(b)

a foundation governor within the meaning of the 1996 Act shall not be treated as a governor of a category corresponding to that of ex officio foundation governor.

(4)

In the case of a school which will be a community or voluntary primary school serving an area for which there are one or more minor authorities, any member of the current governing body who on 31st August 1999 is a governor appointed by a minor authority within the meaning of the 1996 Act (a “minor authority governor”) shall continue from midnight on 31st August 1999 as if he were the co-opted governor nominated by a minor authority required by the instrument of government.

(5)

Without prejudice to the generality of paragraph (4), a minor authority governor who continues as a governor by virtue of that paragraph shall be treated as a co-opted governor nominated by a minor authority for the purposes of section 83 of the 1998 Act.

(6)
(a)

A member of a current governing body holding a foundation governorship ex officio shall continue from midnight on 31st August 1999 as a foundation governor if he is entitled under the instrument of government to be an ex officio foundation governor.

(b)

Any other person entitled under the instrument of government to be an ex officio foundation governor shall become such a governor from midnight on 31st August 1999.

(7)

A member of a current governing body who is a representative governor appointed by virtue of section 80(2) or (3) of the 1996 Act by the person or persons required to appoint a representative governor under paragraph 10 of Schedule 9 to the 1998 Act shall continue from midnight on 31st August 1999 as a representative governor under that paragraph.

(8)

A head teacher shall continue as, or become, a governor from midnight on 31st August 1999 unless (before the instrument of government is made) he has given written notice to the clerk to the current governing body to the effect that he chooses not to be a governor from that date.

(9)

Paragraph (8) is without prejudice to the head teacher’s right after the appointed day to give written notice to the clerk to the governing body to the effect that he chooses to be or not to be a governor.

(10)

This regulation is subject to regulation 14 (surplus governors) and paragraphs 1 to 5, 8 and 10 of Schedule 6 (qualifications and disqualifications).