Regulation 39 Clerk to the temporary governing body
The local education authority shall appoint the first clerk to the temporary governing body of a new school which will be a community, voluntary controlled, or community special school, maintained nursery school or a foundation or foundation special school proposals for the establishment of which were published by the local education authority.
The promoters of the school shall appoint the first clerk to the temporary governing body of a new school which will be a voluntary aided or foundation school or a foundation special school proposals for the establishment of which were published by promoters.
Subject to paragraphs (1) and (2)–
the local education authority shall appoint a person selected by the temporary governing body to be the clerk to the temporary governing body and to each committee, in the case of a school which is or will be a community, voluntary controlled, community special or maintained nursery school;
the temporary governing body shall appoint a clerk to the temporary governing body and each committee, in the case of a school which is or will be a foundation, voluntary aided or foundation special school.
The clerk to the temporary governing body must not be–
a temporary governor;
a temporary associate member; or
the head teacher or head teacher designate of the new school.
Notwithstanding paragraph (4), the temporary governing body or a committee may, if the clerk fails to attend a meeting, appoint any one of their number (who is not the head teacher or head teacher designate) to act as clerk for the purposes of that meeting.