20. Schedule 6 sets out the circumstances in which a person is qualified for or disqualified from holding or continuing in office as a governor.
21.—(1) Subject to paragraphs (2) to (5), a governor shall hold office for a fixed period of four years from the date of his election or appointment.
(2) Paragraph (1) does not apply to any staff governor who is the head teacher of the school, or to any ex officio foundation governor, who may hold office for as long as he holds the position from which his governorship derives.
(3) Paragraph (1) does not apply to any additional governor, additional foundation governor or interim executive member appointed under sections 16(1), 16A(2), 18(3) or 18A(4) of the 1998 Act whose term of office will be determined by the person who appointed him, up to a maximum of 4 years.
(4) The instrument of government may specify a shorter term of office for a particular category of governor, not being less than 1 year.
(5) A substitute governor(5) may hold office until the earlier of the following—
(a)the expiry of four years from the date when his appointment takes effect;
(b)the date when the original governor (not having been removed from office under regulation 23 (2)) gives written notice to the clerk to the governing body to the effect that he is able and willing to act as a foundation governor; or
(c)the date when a person other than the original governor takes office in the post by virtue of which the ex officio foundation governorship exists.
(6) This regulation does not prevent a governor from—
(a)being elected or appointed for a further term, save as otherwise provided in these regulations;
(b)resigning his office in accordance with regulation 22(1);
(c)being removed from office under regulations 23 to 26; or
(d)being disqualified, by virtue of any provision of these Regulations, from holding or continuing to hold office.
(7) In this regulation “the original governor” means the ex officio foundation governor in whose place the substitute governor is appointed to act.
22.—(1) A governor may at any time resign his office by giving written notice to the clerk to the governing body.
(2) The head teacher may withdraw his resignation at any time by giving written notice to the clerk to the governing body.
(3) An ex officio foundation governor may resign as governor either permanently or temporarily, but his resignation shall not prejudice the ex officio governorship of his successor in the office from which the ex officio governorship derives.
23.—(1) Any LEA governor or foundation governor may be removed from office by the person who appointed him, who must give written notice thereof to the clerk to the governing body and to the governor so removed.
(2) The governing body may, in accordance with the procedure set out in regulation 26, remove any ex officio foundation governor at the request of the person named in the instrument of government as the person entitled to make such a request, if the governing body thinks fit.
(3) A person proposing the removal of an ex officio foundation governor must inform the clerk to the governing body and the governor in question in writing of the reasons why he is proposing his removal.
24.—(1) Any community governor or sponsor governor may be removed from office by the governing body in accordance with the procedure set out in regulation 26.
(2) The governing body may, in accordance with the procedure set out in regulation 26, remove any community governor appointed in accordance with Schedule 3, or any sponsor governor at the request of the nominating body, if the governing body thinks fit.
(3) A nominating body proposing the removal of such a governor shall inform the clerk to the governing body and the governor in question in writing of the reasons why it is proposing his removal.
(4) In this part “nominating body” means any person from whom nominations were sought for the purpose of appointing, and who nominated, the governor in question.
25. Any parent governor appointed by the governing body under paragraphs 9 to 11 of Schedule 1 may be removed by the governing body in accordance with the procedure set out in regulation 26.
26.—(1) This regulation applies in relation to the removal of a governor from office in accordance with regulation 23(2), 24 or 25.
(2) A resolution to remove a governor from office which is passed at a meeting of the governing body will not have effect unless—
(a)in relation to the removal of a governor under regulation 23(2) and 24(2), before the governing body resolve to remove the governor from office, the clerk to the governing body shall give the reasons for removal provided by the person referred to in regulation 23(2) or by the nominating body (as appropriate) and the governor whom it is proposed to remove shall be given an opportunity to make a statement in response;
(b)in relation to the removal of a community governor or a sponsor governor under regulation 24(1) or a parent governor under regulation 25, before the governing body resolve to remove the governor from office, the governor or governors proposing his removal shall at that meeting state their reasons for doing so and the governor whom it is proposed to remove shall be given an opportunity to make a statement in response;
(c)it is confirmed by a resolution passed at a second meeting of the governing body held not less than fourteen days after the first meeting; and
(d)the matter of the governor’s removal from office is specified as an item of business on the agenda for each of those meetings.
Amended by section 56 of the 2002 Act.
Inserted by section 57 of the 2002 Act.
Amended by section 56 of the 2002 Act.
Inserted by section 58 of the 2002 Act.
Defined by regulation 8(1).