Regulation 46 Quorum and proceedings of the governing bodyI1 C1

England and Wales

(1)

The quorum for a meeting of the governing body and for any vote on any matter at such a meeting is one half (rounded up to a whole number) of the membership of the governing body excluding F1any associate pupil governors, any vacancies and any governors suspended from that meeting in accordance with regulation 49.

(2)

Every question to be decided at a meeting of the governing body must be determined by a majority of the votes of the governors present and voting on the question F2(excluding any associate pupil governors).

F3(2A)

Associate pupil governors may not vote on any question to be determined at a meeting of the governing body.

(3)

Where there is an equal division of votes the chair or, as the case may be, the person who is acting as chair for the purposes of the meeting (provided that such person is a governor), has a second or casting vote.

(4)

No decision to serve notice of discontinuance of the school under section 30 of the 1998 Act whether taken by the governing body or by a committee, has effect unless it is confirmed by the governing body at a meeting held not less than 28 days after the meeting at which the decision was made and—

(a)

the matter is specified as an item of business on the agenda for both meetings; and

(b)

notice of the second meeting is given in accordance with regulation 45(7).

(5)

The proceedings of the governing body of a school are not invalidated by—

(a)

any vacancy among their number;

(b)

any defect in the election, appointment or nomination of any governor;

(c)

any defect in the appointment of the chair or vice-chair; or

(d)

the school having more governors of a particular category than are provided for by the instrument of government^f1.

Annotations

Textual amendments

F1: Words in reg. 46(1) inserted (31.12.2005) by The School Councils (Wales) Regulations 2005 (S.I. 2005/3200), regs. 1(1), 8(10)
F2: Words in reg. 46(2) inserted (31.12.2005) by The School Councils (Wales) Regulations 2005 (S.I. 2005/3200), regs. 1(1), 8(11)
F3: Reg. 46(2A) inserted (31.12.2005) by The School Councils (Wales) Regulations 2005 (S.I. 2005/3200), regs. 1(1), 8(12)

Modifications

C1: Pt. 8 applied (with modifications) (31.10.2005) by The New Maintained Schools (Wales) Regulations 2005 (S.I. 2005/2912), regs. 1(1), 40(1) (with regs. 3(3), 40(2))

Commencement

I1: Reg. 46 in force at 31.10.2005, see reg. 1(1)

Footnotes

f1: See section 20(1) of the 2002 Act and regulation 22.

Regulation 46 Quorum and proceedings of the governing bodyI1C1