OpenLegislation

The Federation of Maintained Schools (Wales) (Amendment) Regulations 2020

W.S.I. 2020/1328 · Made 20 November 2020

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Education, Wales

Made 20 November 2020

Laid before Senedd Cymru 23 November 2020

Coming into force 18 December 2020

The Welsh Ministers, in exercise of the powers conferred by sections 19(3) and (9) and 210(7) of the Education Act 2002f1, and now vested in themf2 make the following Regulations:

Annotations to the whole text

Footnotes

f1

2002 c. 32. Section 19(9) was inserted by section 19(2)(b) of the Education (Wales) Measure 2011 (nawm 7). Section 210(7) was amended by section 21(3) of the Learner Travel (Wales) Measure 2008 (nawm 2). See section 212(1) for the definition of “regulations”.

f2

The functions of the National Assembly for Wales were transferred to the Welsh Ministers by paragraph 30 of Schedule 11 to the Government of Wales Act 2006 (c. 32).

Contents

  1. 1Title and commencement
  2. 2Interpretation
  3. 3Amendments to the Federation of Maintained Schools (Wales) Regulations 2014
  4. Signature
  5. Explanatory note

1Title and commencement

The title of these Regulations is the Federation of Maintained Schools (Wales) (Amendment) Regulations 2020 and they come into force on 18 December 2020.

2Interpretation

In these Regulations, “remote access” means access to a meeting to enable those who are not all present together at the same place to attend and participate simultaneously by electronic means, including by live audio and live video link.

3Amendments to the Federation of Maintained Schools (Wales) Regulations 2014

(1)

The Federation of Maintained Schools (Wales) Regulations 2014f1 are amended as follows.

(2)

In regulation 57, after paragraph (1) insert—

“(1A)

The governing body may decide to hold a meeting by remote access provided that the following conditions are met—

(a)

the participants will be able to fully make representations or discharge their functions (as the case may be);

(b)

the participants agree to the meeting being held using remote access;

(c)

each participant has access to the electronic means to allow them to hear and be heard and (where using a live video link) see and be seen, throughout the meeting; and

(d)

the meeting is capable of being held fairly and transparently.”

(3)

In regulation 59—

(a)

in paragraph (2), for “immediately before the entry recording the minutes of that meeting in the book or pages used for that purpose” substitute “in the minutes of that meeting”;

(b)

after paragraph (3) insert—

“(4)

The minutes and agenda drawn up for the purposes of this regulation may be kept in electronic form and where that is the case the minutes may be signed electronically.”

(4)

In regulation 72, after paragraph (3) insert—

“(3A)

Committee meetings may be held by remote access provided that the following conditions are met—

(a)

the participants will be able to fully make representations or discharge their functions (as the case may be);

(b)

the participants agree to the meeting being held using remote access;

(c)

each participant has access to the electronic means to allow them to hear and be heard and (where using a live video link) see and be seen, throughout the meeting; and

(d)

the meeting is capable of being held fairly and transparently.”

(5)

In regulation 73, after paragraph (2) insert—

“(3)

The minutes and agenda drawn up for the purposes of this regulation may be kept in electronic form and where that is the case the minutes may be signed electronically.”

(6)

In Schedule 7—

(a)

omit paragraph 4 (mental disorder);

(b)

in paragraph 7(b), for “a disqualification order under Part 2 of the Companies (Northern Ireland) Order 1989” substitute “a disqualification order under the Company Directors Disqualification (Northern Ireland) Order 2002f2”.

Signature

Kirsty Williams

Minister for Education, one of the Welsh Ministers

20 November 2020

Explanatory note

(This note is not part of the Regulations)

These Regulations amend the Federation of Maintained Schools (Wales) Regulations 2014 (S.I. 2014/1132 (W. 111)).

These Regulations provide that meetings of governing bodies and of governing body committees may be held by remote access if the requisite conditions are met.

They remove the requirement for the clerk, or a person acting as clerk to a governing body or a governing body committee, to enter minutes of proceedings in a book or pages kept for that purpose.

They also remove the requirement for the clerk to record the names of members and of any other person present at the meeting concerned in the book or pages used for that purpose.

These Regulations enable governing bodies and committees to keep the minutes and agenda in electronic form and for the minutes to be signed electronically.

These Regulations remove the provision disqualifying a person from holding or continuing in office as a governor when he or she is liable to be detained under the Mental Health Act 1983.

The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to these Regulations. As a result, a regulatory impact assessment has not been prepared as to the likely cost and benefit of complying with these Regulations.