The Education (Groups of Grant–maintained Schools) Regulations 1994

Replacement of proposed initial parent and teacher governors before incorporation

29.—(1) Paragraphs (2) to (6) of this regulation apply where proposals published under regulation 12, 14 or 15 are pending in respect of schools forming a new group or groups merging.

(2) If a person named in the proposals as a proposed governor of an elected category who was elected under regulation 26 or this regulation–

(a) dies;

(b) becomes prospectively disqualified for holding office as such a governor on the proposed governing body; or

(c) notifies the governing body that he is no longer willing to serve on the proposed governing body,

then, subject to paragraph 3, the governing bodies of the schools named in the proposals shall secure that a person is elected to hold office on the proposed governing body in his place.

(3) Where in a case to which paragraph (2) applies the Secretary of State is satisfied that it would not be reasonably practicable to hold an election in accordance with that paragraph in the time available, he shall modify the proposals by including in them (in substitution, where appropriate, for any particulars they supersede) the relevant particulars in respect of a person nominated by the existing governing bodies of the schools named in the proposals.

(4) If a person named in the proposals as a proposed governor of an elected category who was nominated by the existing governing body under this regulation–

(a) dies;

(b) becomes prospectively disqualified for holding office as such a governor on the proposed governing body; or

(c) notifies the governing body that he is no longer willing to serve on the proposed governing body,

the Secretary of State shall modify the proposals by including in them (in substitution, where appropriate, for any particulars they supersede), the relevant particulars in respect of a person nominated by the existing governing bodies of the schools named in the proposals.

(5) References in this regulation to a person named in the proposals include any person required to be so named.

(6) The existing governing bodies of the schools named in the proposals shall secure that–

(a) the Secretary of State is given notice in writing of the occurrence of any event within paragraph (2) or (4) above;

(b) any nomination required for the purpose of this regulation is made;

(c) notice is given in writing to the Secretary of State of the relevant particulars in respect of any person nominated under this regulation.

(7) Where any proposals under regulation 12 or 13 for a school to join a group are pending, the governing body of the existing group shall notify the Secretary of State in writing of any change in the composition of an elected category on that body and of any relevant particulars in relation thereto and the Secretary of State shall modify the proposals accordingly.