The School Governance (New Schools) (England) Regulations 2007

Temporary parent governors

7.—(1) In these Regulations, “temporary parent governor” means a person appointed to be a member of the temporary governing body of a new school by—

(a) the local education authority, where a new school is or will be a community, voluntary controlled, community special or foundation special school, a maintained nursery school or a foundation school proposals for the establishment of which were published by a local education authority; or

(b) the proposers, where a new school is or will be a voluntary aided school, or a foundation school proposals for the establishment of which were published by proposers.

(2) Where one or more maintained schools have been, or are to be, discontinued (“the discontinued schools”), and the registered pupils at such school or schools, or a substantial number of those pupils, are expected to transfer to a new school, any arrangements made under regulation 5 of these Regulations or section 34(1) of EA 2002 must provide for the governing body of the discontinued school (or, as the case may be, any of the governing bodies of the discontinued schools) to appoint some or all of the temporary parent governors of the new school.

(3) Subject to paragraph (5), no person may be appointed as a temporary parent governor of a new school unless—

(a) he is the parent of a child who is or is likely to become a registered pupil at the school; or

(b) where a school is, or is to be, a maintained nursery school, he is the parent of a child for whom educational or other provision is or is likely to be made on the premises of the school (including any such provision made by the temporary governing body under section 27 of EA 2002);

(c) where it is not reasonably practicable to appoint a person referred to in sub-paragraph (a) or (b), he is the parent of a child of or under compulsory school age.

(4) No person may be appointed as a temporary parent governor of a school which is or will be a maintained special school unless he is—

(a) the parent of a child who is or is likely to become a registered pupil at the school;

(b) where one or more maintained special schools have been, or are to be, discontinued (“the discontinued special schools”) and the registered pupils at such school or schools, or a substantial number of those pupils, are expected to transfer to the new school, a parent of a former pupil of the discontinued special schools;

(c) the parent of a child of or under compulsory school age with special educational needs; or

(d) a parent with experience of educating a child with special educational needs.

(5) The temporary governing body may only appoint a person referred to in sub-paragraphs (4) (b), (c) or (d) if it is not reasonably practicable to appoint a person referred to in the sub-paragraph which immediately precedes it.

(6) A person is disqualified from appointment as a temporary parent governor if he is—

(a) an elected member of the local education authority; or

(b) paid, or likely to be paid, to work at the school for more than 500 hours in any consecutive twelve month period.

(7) A person is not disqualified from continuing to hold office as a temporary parent governor when he ceases to fulfil any of the requirements set out in paragraphs (3) and (4), unless he is otherwise disqualified under these Regulations.