Explanatory note

These Regulations amend the School Governance (Constitution) (England) Regulations 2012 (S.I. 2012/1034) (“the Constitution Regulations 2012”) and the School Governance (Federations) (England) Regulations 2012 (S.I. 2013/1035) (“the Federation Regulations 2012”).

Regulations 2(2) and 3(2) respectively amend the Constitution Regulations 2012 and the Federation Regulations 2012 by removing rounding up and down provisions for calculating the number of foundation governors.

Regulation 2(3) and (4) amends the Constitution Regulations 2012 to include a power and procedure for governing bodies to remove elected governors so this power is now available in relation to elected governors as it is for appointed governors.

Regulations 2(5) and 3(5) respectively amend the Constitution Regulations 2012 and the Federation Regulations 2012 to clarify the order of preference of categories of parents from which parent governors are appointed by the governing body.

Regulation 2(6)(a) amends the Constitution Regulations 2012 by inserting a provision disqualifying an elected parent or staff governor from holding or continuing in the office of governor for five years after they have been removed from office.

Regulation 2(6)(b) amends the Constitution Regulations 2012 by removing a provision requiring a governor or proposed governor to give notice of certain disqualifications from holding or continuing to hold office.

Regulation 3(3) amends the Federation Regulations 2012 to clarify the members of the governing body specified further to section 3(6) of the Academies Act 2010 (c. 32) that may make an application for an Academy order in respect of a federated school and that that process is an alternative to majority voting needed under s. 3(1) of the Academies Act 2010.

Regulation 3(4) amends the Federation Regulations 2012 to substitute the description of parent governors with a reference to “the parent governors”. The term “parent governor” is defined in regulation 14 of the Federation Regulations 2012 and was amended by the School Governance (Constitution and Federations) (England) (Amendment) Regulations 2016) (S.I. 2016/204).

A full regulatory impact assessment has not been produced for this instrument as no, or no significant, impact on the private or voluntary sector is foreseen.