Regulation 4 Members of a shadow governing body

(1)

In these Regulations:

(a)

“shadow parent governor” means a person who is appointed as such by the local education authority to be a member of the shadow governing body and who is a parent of a child under or of compulsory school age;

(b)

“shadow staff governor” means—

(i)

a person who is appointed as such by the local education authority to be a member of the shadow governing body and who is paid to work at a maintained school;

(ii)

the head teacher, who is a shadow staff governor by virtue of his office unless he resigns the position;

(c)

“shadow LEA governor” means a person appointed as such by the local education authority to be a member of the shadow governing body;

(d)

“shadow community governor” means a person appointed as such by the local education authority, to be a member of the shadow governing body and who is:

(i)

a person who lives or works in the community served by the school; or

(ii)

a person who, in the opinion of the local education authority, is committed to the good government and success of the school; and

(e)

“shadow foundation governor” means a person who is appointed as such by the local education authority to be a member of the shadow governing body and who—

(i)

where the school has a particular religious character, designated by an Order of the Secretary of State under section 69(3) of the 1998 Act, is appointed as a shadow foundation governor for the purpose of securing that that character is preserved and developed;

(ii)

where there is a trust relating to the school, is appointed as a shadow foundation governor for the purpose of securing that the school is conducted in accordance with that trust.

(2)

Where the head teacher has resigned the position of shadow staff governor in accordance with paragraph (1)(b)(ii), he may withdraw that resignation at any time.

(3)

Before appointing a shadow foundation governor in accordance with paragraph (1)(e) the local education authority shall consult—

(a)

in the case of a foundation or voluntary school which is a Church of England school or a Roman Catholic Church school, the appropriate diocesan authority, and

(b)

in the case of any other foundation or voluntary school, the persons by whom the foundation governors were appointed immediately before the governing body became constituted in accordance with Schedule 1A to the 1998 Act.

(4)

A shadow governor may at any time be removed from office by the local education authority for incapacity or misbehaviour.