Regulation 15 Surplus governorsF1

England and Wales

(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).

Annotations

Textual amendments

F1: Reg. 15 substituted (1.9.2015) by The School Governance (Constitution and Federations) (England) (Amendment) Regulations 2014 (S.I. 2014/1257), regs. 1, 2(7)