# The Education (Transition to New Framework) (New Schools, Groups and Miscellaneous) Regulations 1999, Regulation 33: Governors continuing in office


(1) Paragraph (2) applies to any member of a GM transitional governing body who on the reconstitution date is—
(a) a governor who was when appointed a foundation governor (within the meaning of the 1996 Act), other than an ex officio foundation governor; or
(b) a governor appointed by the local education authority.
(2) Subject to paragraphs (3) and (7), a governor to whom this paragraph applies shall continue from midnight on the reconstitution date 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 34, 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) (a) A member of a GM transitional governing body holding a foundation governorship ex officio shall continue from midnight on the reconstitution date 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 the reconstitution date.
(5) A head teacher shall continue as a governor from midnight on the reconstitution date unless (before the instrument of government is made) he has given written notice to the clerk to the GM governing body to the effect that he chooses not to be a governor from that date.
(6) Paragraph (5) is without prejudice to the head teacher’s right after the reconstitution date 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.
(7) No member of a GM transitional governing body shall continue in office under this regulation if the term for which he was originally appointed has expired.
(8) This regulation is subject to regulation 34 (surplus governors) and paragraphs 1 to 5, 8 and 10 of Schedule 6 (disqualifications).

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Source: https://www.legislation.gov.uk/uksi/1999/362/regulation/33 (the official version)
Page: https://openlegislation.uk/education-transition-to-new-framework-new-schools-groups-and-miscellaneous-regulations-1999/regulation-33
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.