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Regulation 42 Appointment and removal of the clerk to the governing bodyI1C1

England and Wales

(1)

This regulation is without prejudice to any rights and liabilities which the clerk may have under any contract with the governing body or with the F1local authority.

(2)

The governing body must appoint a clerk to the governing body.

(3)

The clerk to the governing body must not be—

(a)

a governor;

(b)

a non-governor member of any committee of the governing body;

or

(c)

the head teacher of the school.

(4)

Notwithstanding paragraph (2), the governing body may, if the clerk fails to attend a meeting of theirs, appoint any one of their number (who is not the head teacher) to act as clerk for the purposes of that meeting.

(5)

The governing body may remove the clerk to the governing body from office.

(6)

If at any time the school does not have a delegated budgetf1, the local authority may remove the clerk to the governing body and appoint a substitute, provided the local authority consults the governing body before taking such action.

Annotations

Textual amendments

F1

Words in reg. 42 substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) (Subordinate Legislation) (Wales) Order 2010 (S.I. 2010/1142), art. 1(1), Sch. 1 para. 17(14)

Modifications

C1

Pt. 7 applied (with modifications) (31.10.2005) by The New Maintained Schools (Wales) Regulations 2005 (S.I. 2005/2912), regs. 1(1), 37 (with regs. 3(3), 38, 39)

Commencement

I1

Reg. 42 in force at 31.10.2005, see reg. 1(1)

Footnotes

f1

See section 39(2) of the 2002 Act.