The Education (School Government) (England) Regulations 1999

Explanatory Note

(This note is not part of the Regulations)

These Regulations deal with the government of maintained schools and new schools in England, from 1st September 1999, when the new framework for schools under the School Standards and Framework Act 1998 comes into effect. They work together with Schedules 9 to 12 to that Act.

Part I provides for the regulations to come into force generally on 1st September 1999. Restrictions on who can be appointed as clerk to the governing body or to certain committees, and new procedures for the appointment of the chairman and vice-chairman of the governing body, come into force on 1st April 2000. Part 1 also contains interpretation provisions. In particular, the general principle is that references in the regulations to governing bodies include temporary governing bodies of new schools.

The making of new instruments of government for maintained schools on transition to the new framework, and the constitution or reconstitution of governing bodies under those instruments, is dealt with in separate regulations under Schedules 9 to 12 to the 1998 Act. Part II of the Regulations makes provision for copies of the new instruments of government to be provided to governing bodies and to the other parties involved in making the instrument of government.

The rest of Part II applies to maintained schools which have new framework governing bodies constituted under instruments of government. It relates to provisions which may be in the instrument, having regard to the fact that the instrument may be amended in accordance with Schedule 12 to the 1998 Act after it has been made. Regulation 6 and Schedule 1 relate to provision in instruments of government for additional co-opted governors nominated by sponsors or an Education Action Forum. Regulation 7 requires the instrument of government to be amended if there is any change in the body entitled to appoint a representative governor at a community special school. Regulation 8 requires the instrument of government to provide for appointment of a substitute foundation governor if an ex officio foundation governor cannot or will not act.

Part II also deals with appointments and elections of governors at schools which have new framework governing bodies constituted under instruments of government. Regulation 9 and Schedules 2 and 3 provide for new appointments of parent and partnership governors. Regulation 10 provides for notification of vacancies and appointments. Regulation 11 provides for appointments to be made in accordance with a direction given by the Secretary of State where joint appointors cannot agree. Regulation 12 and Schedule 4 provide for the election of governors. Regulation 13 provides for the removal of surplus governors where there are more governors of a particular type than are required by the instrument.

Part III makes provision for qualifications and disqualifications for office, term of office and resignation and removal of governors, other than temporary governors of new schools.

Regulation 15 and Schedule 5 set out disqualification provisions relating to governors, imposing a number of new disqualifications. These provisions apply to all governing bodies, except temporary governing bodies and governing bodies, which (for a short period on transition to the new framework) continue as constituted under the 1996 Act provisions by virtue of regulations under Schedule 10 to the 1998 Act.

Regulation 16 provides that generally governors hold office for 4 years. The main exceptions are for governors continuing in office on transition to the new framework, the first co-opted governors at new schools, and foundation governors appointed on or after 1st September 1999.

Regulation 17 provides that any governor can at any time resign. Regulations 18 and 19 contain new provisions about the removal of governors. Regulation 20 requires notice of resignation or removal.

Part IV provides for the appointment of clerks to governing bodies and temporary governing bodies. Clerks at community, voluntary controlled or community special schools are appointed and dismissed by the local education authority as directed by the governing body. Clerks at foundation, voluntary aided, or foundation special schools are appointed and dismissed by the governing body. Special provisions apply where the school does not have a delegated budget and in respect of the appointment of the first clerk to a temporary governing body.

Part V provides for meetings and proceedings of governing bodies and temporary governing bodies. This Part includes provision for appointment and removal of the chairman, convening and termination of meetings, quorum, decisions to be made by the majority of members voting, access to meetings, minutes and their publication. Regulations 41_44 relate to delegation of governing body functions.

Part VI deals with committees of governing bodies and temporary governing bodies. It covers establishment and constitution of committees (including staff dismissal, dismissal appeal, pupil discipline and admissions committees), disqualifications for office as a member of a committee of any person who is not a governor of the school, clerking of committees, proceedings, minutes and access to meetings of committees.

Part VII and Schedule 6 contain new provisions relating to withdrawal from governing body or committee meetings of persons normally entitled to attend those meetings. The general principle is that where there is a conflict between the interests of such a person and the interests of the governing body, or where the principles of natural justice require a fair hearing and there is any reasonable doubt about the person’s ability to act impartially, he should withdraw from the meeting and not vote.

Part VIII and Schedule 7 contain transitional provisions.