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Regulation 2 Amendments to the School Governance (Constitution) (England) Regulations 2012 and revocation of the School Governance (Constitution) (England) Regulations 2007I1I2

England and Wales

(1)

The School Governance (Constitution) (England) Regulations 2012f1 are amended as follows.

(2)

Omit regulation 2.

(3)

For regulation 4 substitute—

“4.

The Constitution Regulations 2007 are revoked.”.

(4)

In regulation 6(1)(c), for “paragraphs 9 to 11” substitute “paragraphs 9 to 12”.

(5)

For regulation 8(b) substitute—

“(b)

is appointed by the governing body as a governor having, in the opinion of the governing body, the skills required to contribute to the effective governance and success of the school and having met any additional eligibility criteria set by the governing body.”.

(6)

In regulation 9—

(a)

omit “and” at the end of sub-paragraph (a)(iii) and insert “and” at the end of sub-paragraph (a)(iv), and

(b)

after sub-paragraph (a)(iv) insert—

“(v)

has, in the opinion of the person entitled to appoint the foundation governor, the skills required to contribute to the effective governance and success of the school.”.

(7)

For regulation 15 substitute—

“15.
(1)

Where—

(a)

a maintained school has more governors of a particular category than are provided for by the instrument of government for the school, and

(b)

the excess is not eliminated by the required number of governors resigning,

the number of governors of that category required to eliminate the excess must cease to hold office in accordance with paragraphs (2) to (4).

(2)

Foundation governors must cease to hold office such that, in the opinion of those who appointed them under the instrument of government, the foundation governors remaining in office are those best placed to contribute to the effective governance and success of the school and serve the purposes for which foundation governors are appointed.

(3)

Governors who are not foundation governors must cease to hold office such that, in the opinion of the governing body, the governors remaining in office are those with the most relevant skills to contribute to the effective governance and success of the school.

(4)

In determining which governors should cease to hold office in accordance with paragraph (3)—

(a)

the governing body must hold a vote in respect of each category in which there are excess governors;

(b)

governors must not vote in respect of their own category; and

(c)

no governor ceases to hold office until the votes on all categories are cast.

(5)

Any procedure set out in the instrument of government for the removal of excess foundation governors does not apply in the circumstances set out in paragraph (1).”.

(8)

In Schedule 1, after paragraph 11 insert—

“12.

The governing body may only appoint as a parent governor a person who has, in the opinion of the governing body, the skills required to contribute to the effective governance and success of the school.”.

(9)

In Schedule 3, for paragraph 4 substitute—

“4.
(1)

No person is eligible to be nominated for appointment as a partnership governor unless that person has, in the opinion of the person nominating them, the skills required to contribute to the effective governance and success of the school.

(2)

No person is eligible to be appointed as a partnership governor unless that person has, in the opinion of the governing body, the skills required to contribute to the effective governance and success of the school.”.

Annotations

Commencement

I1

Reg. 2(1)(4)-(9) in force at 1.9.2014, see reg. 1 (as amended by S.I. 2014/1959, reg. 2(2))

I2

Reg. 2(2)(3) in force at 1.9.2015, see reg. 1 (as amended by S.I. 2014/1959, reg. 2(2))

Footnotes

f1

S.I. 2012/1034.