The School Governance (Procedures) (England) (Amendment) Regulations 2007

Amendment of the School Governance (Procedures) (England) Regulations 2003

2.  The School Governance (Procedures) (England) Regulations 2003(1) are amended as follows—

(a) in regulation 3(1) after the definition of “the 2002 Act” insert the following definition—

““the 2006 Act” means the Education and Inspections Act 2006;”;

(b) in regulation 3(1), for the definition of “the Constitution Regulations” substitute—

““the Constitution Regulations” means the School Governance (Constitution) (England) Regulations 2007(2);”;

(c) in regulations 5(1), 5(5)(c), 5(6) and 7(1), for “section 18 of the 1998 Act” insert “section 67 of the 2006 Act(3)”;

(d) for regulation 9(e)(i) substitute—

“(i) regulations 19 (Notification of appointments) and 23 (Resignation) of, and paragraph 12 of Schedule 6 (Notification to clerk) to, the Constitution Regulations; and”;

(e) in regulation 11(5)(b) omit “or”;

(f) in regulation 11(5)(c) after “the 1998 Act” insert “or”;

(g) after regulation 11(5)(c) insert the following sub-paragraph—

“(d) a decision to change the name of the school,”;

(h) in regulation 12(2), before the words “Every question to be decided” insert “Subject to paragraph (4A),”;

(i) after regulation 12(4), insert the following paragraph—

“(4A) No decision to change the name of the school shall have effect unless—

(a) the matter in question is specified as an item of business on the agenda for a meeting of the governing body of which notice has been given in accordance with regulation 11(4); and

(b) all of the members of the governing body vote in favour of the change of name,

provided that where any governor is unable to attend the meeting at which the change in name is to be considered, he may vote by proxy where such proxy is a governor or associate member whose appointment is in writing and signed by the governor so unable to attend.”

(j) for regulation 17(1)(a) substitute—

“(a) section 30 of the 1998 Act and sections 15 and 16 of the 2006 Act (Discontinuance of maintained schools);

(ba) paragraph 21(4) of Schedule 2 to the 2006 Act (approved proposals not to be implemented);”;

(k) for regulation 17(1)(b) substitute—

“(b) section 19 of the 2006 Act (Alteration of maintained schools);”;

(l) for regulation 17(1)(d) substitute—

“(d) section 88 of the 2006 Act (Responsibility of governing bodies for discipline)(4);”;

(m) for regulation 17(1)(e) substitute—

“(e) sections 88, 89, 89A, 89D, 90(8) or 90A of the 1998 Act(5) and section 3(1)(cc) of the Diocesan Boards of Education Measure 1991(6) (which relate to the determination of admission arrangements), section 90(1) of the 1998 Act (which relates to the reference to the schools adjudicator of objections about admission arrangements), or section 94 of the 1998 Act(7) (in so far as it relates to the making of appeal arrangements by the governing body); and”;

(n) after regulation 17(1)(e) insert the following sub-paragraph—

“(f) regulation 15 (Suspension of governors).”.

(1)

SI 2003/1377. Other amendments made to the School Governance (Procedures) (England) Regulations 2003 are not relevant to these Regulations.

(2)

SI 2007/957.

(3)

Section 67 of the 2006 Act comes into force 1^st April 2007.

(4)

Section 88 of the 2006 Act comes into force 1^st April 2007.

(5)

Section 89A was inserted by section 47 of the 2002 Act, section 89D was inserted by section 46 of the 2006 Act, section 90(8) was substituted by section 47(4) of the 2006 Act and section 90A was inserted by section 47(3) of the 2006 Act.

(6)

No. 2 of 1991. Section 3(1)(cc) was inserted by paragraph 13 of Schedule 4 to the 2002 Act.

(7)

Section 94 was amended by section 50 of the 2002 Act.