# The Education (School Government) (Transition to New Framework) Regulations 1998, Regulation 14: Surplus governors


(1) This regulation applies—
(a) where a current school has more governors of any of the categories referred to in paragraph (1) of regulation 13 than are required as governors of the corresponding category by the instrument of government;
(b) where a current school, whose instrument of government is required to provide for one co-opted governor nominated by a minor authority, has more than one governor appointed by a minor authority within the meaning of the 1996 Act; or
(c) where a current school has more than one governor appointed by virtue of section 80(3) of the 1996 Act by the person or persons named in the instrument of government as entitled to appoint a representative governor under paragraph 10 of Schedule 9 to the 1998 Act.
(2) Any person who would, by virtue of any provision made by or under the 1996 Act, have power to remove any such governor shall have power to remove him for the purpose of eliminating the excess referred to in paragraph (1)(a), (b) or (c) as the case may be.
(3) Where a governor is removed from office under paragraph (2) the person removing him shall give written notice thereof to the clerk to the current governing body.
(4) Where the excess referred to in paragraph (1)(a), (b) or (c) is not eliminated—
(a) by the required number of governors of that category resigning; or
(b) by the required number of governors of that category being removed under paragraph (2);
(in either case, with effect from a date before the appointed day) such number of governors of that category as is required to eliminate the excess shall cease to hold office at midnight on 31st August 1999.
(5) (a) The governors who are to cease to hold office under paragraph (4) shall be determined on the basis of seniority, the governor who has served for the shortest time being the first to cease to hold office.
(b) Where the governors in question are of equal seniority, the governors who are to cease to hold office shall be determined before 31st August 1999 by drawing lots or, in default, by alphabetical order according to their surnames.
(6) Any procedure set out in the instrument of government, as referred to in paragraph 17 of Schedule 9 to the 1998 Act, for removal of excess foundation governors shall not apply in relation to the reconstitution of the governing body under the instrument of government pursuant to Schedule 10 to the 1998 Act.

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Source: https://www.legislation.gov.uk/uksi/1998/2763/regulation/14 (the official version)
Page: https://openlegislation.uk/education-school-government-transition-to-new-framework-regulations-1998/regulation-14
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.