Explanatory note

These Regulations make amendments to the School Governance (Constitution) (England) Regulations 2007 (“the Constitution Regulations”) and to the School Governance (Federations) (England) Regulations 2007 (“the Federation Regulations”).

Regulation 2 makes amendments to the Constitution Regulations. It makes changes to the definition of staff governor in regulation 5; adds to the discretion given to the appointer of foundation governors in regulation 8; amends the disqualification criteria in regulation 9 (partnership governors) so as not to disqualify those who work in schools and are employed by the local authority; amends regulations 16 and 18 in respect of those persons appointed to governing bodies of qualifying foundation and voluntary aided schools as foundation governors who are eligible for election or appointment as parent governors; removes the reference in regulation 22 to “interim executive member”; amends the definition in regulation 28 of “appropriate religious body”; and removes detention under the Mental Health Act 1983 from, and adds being the subject of a debt relief restrictions order or an interim debt relief restrictions order to, the list of disqualification criteria in Schedule 6. Debt relief restrictions orders are orders made under paragraph 1 of Schedule 4ZB to the Insolvency Act 1986 and interim debt relief restrictions orders are made under paragraph 5; Schedule 4ZB was inserted by Schedule 19 to the Tribunals, Courts and Enforcement Act 2007.

Regulation 3 makes amendments to the Federation Regulations. It makes changes to the definition of staff governor in regulation 14; adds to the discretion given to the appointer of foundation governors in regulation 17; and amends the disqualification criteria in regulation 18(2) (partnership governors) so as not to disqualify those who work in schools and are employed by the local authority.

An impact assessment has not been produced for this instrument as no impact on businesses or civil society organisations is foreseen and the impact on the public sector will be minimal.