The Local Authorities (Committee System) (England) Regulations 2012

Church representatives

13.—(1) In this regulation and regulation 14—

“education functions” has the meaning given by section 579(1) of the Education Act 1996(1);

“education overview and scrutiny committee” means an overview and scrutiny committee or sub-committee of a relevant local authority, appointed under regulation 4 or 5, the functions of which relate wholly or partly to any education functions which are the responsibility of the authority;

“parent governor representative” means a person elected in accordance with regulations 4 to 6 of the Parent Governor Representatives (England) Regulations 2001(2) or treated as so elected in accordance with regulation 13 of those Regulations; and

“relevant local authority” means a local authority which has education functions.

(2) In the case of a relevant local authority which maintains one or more Church of England schools, an education overview and scrutiny committee must include at least one qualifying person.

(3) A person is a qualifying person for the purposes of paragraph (2) if the person is nominated by the Diocesan Board of Education for any Church of England diocese which falls wholly or partly in the authority concerned’s area.

(4) In the case of a relevant local authority which maintains one or more Roman Catholic Church schools, an education overview and scrutiny committee must include at least one qualifying person.

(5) A person is a qualifying person for the purposes of paragraph (4) if the person is nominated by the bishop of any Roman Catholic diocese which falls wholly or partly in the authority concerned’s area.

(6) A member of an education overview and scrutiny committee appointed by virtue of paragraph (2) or (4) is to be entitled to vote at a meeting of the committee or sub-committee on any question—

(a) which relates to any education functions which are the responsibility of the authority concerned; and

(b) which falls to be decided at the meeting.

(7) The Secretary of State may by directions to a relevant local authority require any of the authority’s education overview and scrutiny committees or sub-committees to which this regulation applies to include persons who are appointed, in accordance with the directions, as representatives of the persons who appoint foundation governors for the foundation or voluntary schools maintained by the authority which are not Church of England schools or Roman Catholic Church schools but which are specified in the directions.

(8) Directions under paragraph (7) may make provision with respect to the voting rights of persons appointed in accordance with such directions.

(1)

1996 c.56. The definition of “education functions” in section 579(1) was inserted by S.I. 2010/1158.

(2)

S.I. 2001/478. Regulations 4 to 6 were amended by S.I. 2010/1172.