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The Government of Maintained Schools (Wales) Regulations 2005

W.S.I. 2005/2914 · Made 18 October 2005 · Extends to England and Wales

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EDUCATION, WALES

Made 18 October 2005

Coming into force in accordance with regulation 1(1)

The National Assembly for Wales, in exercise of the powers conferred on it by sections 19(2) and (3), 20(2) and (3), 21(3), 23, 210(7) and 214 (1) and (2) of the Education Act 2002f1, makes the following regulations—C1C2

Annotations to the whole text

Modifications

C1

Regulations applied (with modifications) (31.10.2005) by S.I. 2001/2678, reg. 12, Sch. 3 (as substituted by The Change of Category of Maintained Schools (Wales) (Amendment) Regulations 2005 (S.I. 2005/2916), regs. 1(1), 6, Sch.)

C2

Regulations applied (with modifications) (1.9.2012) by The School Governance (Transition from an Interim Executive Board) (Wales) Regulations 2012 (S.I. 2012/1643), regs. 1(1), 4, 6-8 (with reg. 5(3))

Footnotes

f1

2002 C.32.

Contents

  1. Part 1: Introduction
  2. 1Title, commencement and application
  3. 2Revocations, savings and amendments
  4. 3Interpretation
  5. Part 2: Categories of Governor
  6. 4Parent governors
  7. 5Teacher governors
  8. 6Staff governors
  9. 7Authority governors
  10. 8Community governors
  11. 9Foundation governors
  12. 10Partnership governors
  13. 11Sponsor Governors
  14. 12Representative Governors
  15. 12AAssociate pupil governors
  16. Part 3: CONSTITUTION OF GOVERNING BODIES
  17. 13Community schools
  18. 14Maintained Nursery Schools
  19. 15Community special schools
  20. 16Foundation schools
  21. 17Foundation special schools
  22. 18Voluntary controlled schools
  23. 19Voluntary aided schools
  24. 20Maintained primary schools
  25. 20ARegulation 20A
  26. 21Notification of vacancies and appointments
  27. 22Joint appointments
  28. 23Surplus governors
  29. Part 4: Qualifications and tenure of office
  30. 24Qualifications and disqualifications
  31. 25Term of office
  32. 26Resignation
  33. 27Removal of authority, foundation, representative, additional community and sponsor governors
  34. 28Removal of community governors
  35. 29Removal of appointed parent governors, partnership governors and associate pupil governors:
  36. 30Procedure for removal of governors by the governing body
  37. Part 5: Instrument of Government
  38. 31Interpretation of “appropriate diocesan authority” and “appropriate religious body”
  39. 32Duty to have regard to guidance
  40. 33Contents and form of instrument of government
  41. 34Procedure for making an instrument
  42. 35Review of instruments of government
  43. 36Other requirements relating to instruments of government
  44. 37Duty to secure making of instruments of government
  45. Part 6: Transitional Provision
  46. 38Transitional provision
  47. Part 7: Appointment, functions and removal of officers
  48. 39Election of the chair and vice-chair
  49. 40Delegation of functions to the chair or vice-chair in cases of urgency
  50. 41Removal of the chair or vice-chair from office
  51. 42Appointment and removal of the clerk to the governing body
  52. 43Functions of the clerk to the governing body
  53. Part 8: Meetings and proceedings of governing bodies
  54. 44Right of persons to attend meetings of the governing body
  55. 44AExclusion of associated pupil governors from meetings
  56. 45Convening meetings of the governing body
  57. 46Quorum and proceedings of the governing body
  58. 47Minutes and papers
  59. 48Publication of minutes and papers
  60. 49Suspension of governors
  61. 50Delegation of functions
  62. 51Restrictions on delegation and specified committees
  63. 52Reporting to the governing body following the exercise of delegated functions
  64. Part 9: Committees of governing bodies
  65. 53Application of this Part
  66. 54Establishment of committees of the governing body
  67. 55Staff disciplinary and dismissal committee and disciplinary and dismissal appeals committee
  68. 56Pupil discipline and exclusions committee
  69. 57Admissions committee
  70. 58Clerks to committees
  71. 59Right of persons to attend meetings of committees
  72. 60Meetings of committees
  73. 61Minutes of meetings of committees
  74. 62Publication of minutes and papers
  75. Part 10
  76. 63Restrictions on persons taking part in proceedings
  77. Signature
  78. Schedule 1: Election and appointment of parent governors
  79. 1Paragraph 1
  80. 2Paragraph 2
  81. 3Paragraph 3
  82. 4Paragraph 4
  83. 5Paragraph 5
  84. 6Paragraph 6
  85. 7Paragraph 7
  86. 8Paragraph 8
  87. 9Paragraph 9
  88. 10Paragraph 10
  89. 11Paragraph 11
  90. 12Paragraph 12
  91. Schedule 2: Election of teacher and staff governors
  92. 1Paragraph 1
  93. 2Paragraph 2
  94. 3Paragraph 3
  95. 4Paragraph 4
  96. 5Paragraph 5
  97. 6Paragraph 6
  98. Schedule 3: Appointment of partnership governors
  99. 1Paragraph 1
  100. 2Paragraph 2
  101. 3Paragraph 3
  102. 4Paragraph 4
  103. 5Paragraph 5
  104. 6Paragraph 6
  105. 7Paragraph 7
  106. Schedule 4: Appointment of Sponsor Governors
  107. 1Paragraph 1
  108. 2Paragraph 2
  109. 3Paragraph 3
  110. Schedule 5: Qualifications and disqualifications
  111. 1General
  112. 2General
  113. 3General
  114. 4Mental disorder Repealed
  115. 5Failure to attend meetings
  116. 6Bankruptcy
  117. 7Disqualification of company directors
  118. 8Disqualification of charity trustees
  119. 9Persons whose employment is prohibited or restricted
  120. 10Criminal convictions
  121. 11Governors of more than two schools
  122. 11AFailure to complete required training
  123. 12Refusal to make an application for a criminal records certificate
  124. 13Notification to clerk
  125. Schedule 6: Transitional Provisions
  126. 1Paragraph 1
  127. 2Paragraph 2
  128. 3Paragraph 3
  129. 4Paragraph 4
  130. 5Paragraph 5
  131. 6Paragraph 6
  132. Schedule 7: Restrictions on persons taking part in proceedings of the governing body or its committees
  133. 1Pecuniary interests
  134. 2Office of governor, chair, vice-chair or clerk
  135. 3Pay or appraisal of persons working at the school
  136. 4Appointment of Staff
  137. 5Persons who are members of more than one governing body
  138. Explanatory note