The School Governance (England) (Amendment) Regulations 2012

Amendments to the School Governance (Constitution) (England) Regulations 2007

This sectionnoteType=Explanatory Memorandum has no associated

2.  (1)  The School Governance (Constitution) (England) Regulations 2007(1) are amended as follows.

(2) For regulation 5(1)(b) (staff governors), substitute—

(b)a person who—

(i)is elected in accordance with Schedule 2 as a governor by persons who are employed by either the governing body or the local authority under a contract of employment providing for those persons to work at the school; and

(ii)is employed by either the governing body or the local authority under a contract of employment providing for that person to work at the school at the time of the election referred to in sub-paragraph (i)..

(3) In regulation 8(1) (foundation governors)—

(a)after sub-paragraph (a) omit “and”; and

(b)after sub-paragraph (b) add—

and,

(c)would, in the opinion of the person entitled to appoint the foundation governor, be capable of achieving the purposes for which they would be appointed as a foundation governor;.

(4) After regulation 9(2) (partnership governors) add—

(3) The disqualification criterion in paragraph (2)(d) does not apply in the case of a person who is employed by a local authority in England under a contract of employment providing for the person to work wholly at a school or schools maintained by the local authority ..

(5) In regulation 16 (qualifying foundation schools) after paragraph (1) insert—

(1A) A parent of a former registered pupil at the school may only be appointed in accordance with paragraph (1)(f) if, in the opinion of the person entitled to appoint foundation governors, it is not reasonably practicable to appoint sufficient persons for the purposes of that provision who—

(a)are parents of registered pupils at the school, and

(b)would be capable of achieving the purposes for which they would be appointed as a foundation governor.

(1B) A parent of a child under or of compulsory school age may only be appointed in accordance with paragraph (1)(f) if, in the opinion of the person entitled to appoint foundation governors, it is not reasonably practicable to appoint sufficient persons for the purposes of that provision who—

(a)are parents of registered pupils at the school or of former registered pupils at the school, and

(b)would be capable of achieving the purposes for which they would be appointed as a foundation governor..

(6) In regulation 18 (voluntary aided schools) after paragraph (1) insert—

(1A) A parent of a former registered pupil at the school may only be appointed in accordance with paragraph (1)(e) if, in the opinion of the person entitled to appoint foundation governors, it is not reasonably practicable to appoint sufficient persons for the purposes of that provision who—

(a)are parents of registered pupils at the school, and

(b)would be capable of achieving the purposes for which they would be appointed as a foundation governor.

(1B) A parent of a child under or of compulsory school age may only be appointed in accordance with paragraph (1)(e) if, in the opinion of the person entitled to appoint foundation governors, it is not reasonably practicable to appoint sufficient persons for the purposes of that provision who—

(a)are parents of registered pupils at the school or of former registered pupils at the school, and

(b)would be capable of achieving the purposes for which they would be appointed as a foundation governor..

(7) In regulation 22(3) (term of office)—

(a)after “additional governor” omit “,” and insert “or”; and

(b)after “foundation governor” omit “or interim executive member”.

(8) In regulation 28 (interpretation), for the definition of “appropriate religious body” substitute—

“appropriate religious body”, in relation to a school designated under section 69(3) of SSFA 1998 as having a religious character that is not a Church of England school or a Roman Catholic Church school, means the body or person, if any, representing the specified religion or religious denomination as is prescribed in regulations made under section 88F(3)(e) of SSFA 1998..

(9) In Schedule 6 (qualifications and disqualifications)—

(a)omit paragraph 4; and

(b)for paragraph 6(b) substitute—

(b)he is the subject of a bankruptcy restrictions order, an interim bankruptcy restrictions order, a debt relief restrictions order or an interim debt relief restrictions order.