Regulation 63 Restrictions on delegation and specified committeesI1

England and Wales

(1)

The governing body may not delegate under regulation 62(1) its functions under the following regulations—

(a)

those in Part 3 (categories of governors);

(b)

those in Part 4 (composition of governing bodies of a federation);

(c)

those in Part 5 (removal of governors);

(d)

those in Part 6 (instruments of government);

(e)

regulations 50 and 52 (election and removal of chair and vice chair);

(f)

regulation 53 (appointment and removal of the clerk to the governing body);

(g)

regulation 61 (suspension of governors);

(h)

regulation 62 (delegation of functions);

(i)

regulation 66 (establishment of committees);

nor may it delegate its functions in respect of head teacher and deputy head teacher selection panels under regulations 10(9) to (20), 24(8) to (19) and 34 of the Staffing Regulations (as modified by Schedule 8).

(2)

The governing body may not delegate to an individual under regulation 62(1)—

(a)

its school organisation proposal functions;

(b)

the functions in:

(i)

a scheme made by the local authority under section 48(1)^f1 of the 1998 Act, to the extent that it requires the governing body to give their approval to the first formal budget plan of the financial year;

(ii)

section 88(1) to (3) of the Education and Inspections Act 2006^f2 (responsibility of governing body for discipline);

(iii)

sections 88^f3, 89^f4, 89A^f5 and 90(8)^f6 of the 1998 Act (which relate to the determination of admission arrangements), section 90(1)^f7 of the 1998 Act (which relates to the reference to the National Assembly for Wales of objections about admission arrangements), or section 94^f8 of the 1998 Act in so far as it relates to the determination of appeal arrangements by the governing body;

(iv)

section 63^f9 of the 1998 Act (school attendance targets);

(v)

section 439(7) of the 1996 Act (school attendance orders);

(vi)

sections 95(2) and 97(3)^f10 of the 1998 Act (appeal against a decision of the local authority to admit a child and referral to the Assembly in respect of a direction made by the local authority to admit a child); or

(c)

the functions that must be delegated to the committees specified in regulations 67 to 69.

Annotations

Commencement

I1: Reg. 63 in force at 22.5.2014, see reg. 1(1)

Footnotes

f1: Amended by section 40 of, and Schedule 5 to, the 2002 Act; and by section 57 of, and Schedule 5 to, the Education and Inspections Act 2006 (c.40).
f2: 2006 c.40.
f3: Amended by section 43(1) of the Education and Inspections Act 2006 (c.40), Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), section 54(1) and 64(2) of, and by Schedule 13 to the Education Act 2011.
f4: Amended by paragraph 5 of Schedule 4 to the 2002 Act; and by sections 41, 45, 46(1), and 184 of, and by Part 6 of Schedule 18 to the Education and Inspections Act 2006 (c.40). Subsection (1A) was inserted by section 106 of the Education Act 2005 (c.18). Section 89 was further amended by paragraphs 53 and 57 of Part 2 of Schedule 1 to the Education and Skills Act 2008 (c.25).
f5: Inserted by section 47(2) of the 2002 Act. Further amended by paragraphs 53 and 58 of Part 2 of Schedule 1 to the Education and Skills Act 2008.
f6: Substituted by section 47 of the Education and Inspections Act 2006 (c.40). Further amended by paragraphs 53 and 62 of Part 2 of Schedule 1 to the Education and Skills Act 2008.
f7: Sub-paragraph (1)(b) was substituted by section 41(1) and (8)(a) of the Education and Inspections Act 2006 (c.40). Further amended by paragraphs 53 and 62 of Part 2 of Schedule 1 to the Education and Skills Act 2008 (c.25).
f8: Amended by sections 50 and 51 of, and paragraph 8 of Schedule 4 to, the 2002 Act; and by section 51(1) of the Education and Inspections Act 2006 (c.40). Further amended by section 152 of the Education and Skills Act 2008.
f9: Amended by section 53 of, and Part 3 of Schedule 21 to, the 2002 Act.
f10: Amended by section 49 of the Education and Inspections Act 2006 (c.40).