The Education (Parent Governor Representatives) Regulations 1999

Explanatory Note

(This note is not part of the Regulations)

These Regulations make provision for representatives of parent governors at maintained schools to be included in the education committees of local education authorities.

Regulation 3 requires a local authority to appoint between two and five parent governor representatives to each committee which carries out any functions which are conferred on the authority in its capacity as a local education authority (excluding any committee whose decisions are scutinised by another committee which itself has such representation).

Regulation 4 sets out the procedure by which parent governor representatives are elected, and provides in particular that no ballot need be held if the number of vacancies to be filled is equal to or exceeds the number of candidates for election.

Regulation 5 sets out the eligibility criteria for voting in the election of a parent governor representative. In the majority of cases any parent governor may vote, but in the case of two local education authorities which act only in relation to a small number of maintained schools, any parent of a pupil educated by the authority, or any parent residing in the area of the authority whose child is educated by another authority, may vote.

Regulation 6 sets out the qualifications for election as a parent governor representative. In the majority of cases any parent governor who is the parent of a pupil educated by the authority is qualified to be a parent governor representative. In the same two exceptional cases as in regulation 5, a person is qualified to be a parent governor representative if he satisfies the criteria for voting set out above.

Regulations 6 and 7 set out circumstances which may disqualify a person from being elected as a parent governor representative or from continuing to hold that office.

Regulation 8 provides that (subject to regulation 9(2)) the term of office of a parent governor representative shall be between two and four years, at the discretion of the local education authority.

Regulation 9 sets out the consequences of an office of parent governor representative being vacated, and makes special provision for the term of office of his successor.

Regulation 10 sets out the voting rights of a parent governor representative. Such a person may vote, broadly, on any matter related to the local education authority’s schools and pupils, save that he may not vote on the determination of the authority’s budget.