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The School Governance (Roles, Procedures and Allowances) (England) Regulations 2013

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PART 5Committees of Governing Bodies

Application of this Part

21.  This Part does not apply to any committee established by the governing body to exercise functions relating to the appointment, grievance, conduct and discipline, capability, suspension or dismissal of individual members of the school staff.

Establishment of committees of the governing body

22.—(1) The governing body must determine the constitution, membership and terms of reference of any committee they decide to establish and review them annually.

(2) The quorum for any meeting of a committee must be determined by that committee, but in any event must be not less than three governors who are members of the committee.

(3) A chair must be appointed annually to each committee by the governing body or elected by the committee, as determined by the governing body.

(4) The governing body may remove the chair to any committee from office at any time.

Clerks to committees

23.—(1) This regulation is without prejudice to any rights and liabilities which the clerk may have under any contract with the governing body or with the local authority.

(2) The governing body must appoint a clerk to each committee established by it, who must not be the head teacher of the school.

(3) Notwithstanding paragraph (2), the committee may, if the clerk fails to attend a meeting of theirs, appoint any one of their number (who is not the head teacher) to act as a clerk for the purposes of that meeting.

(4) The governing body may remove any clerk appointed to any of their committees from office at any time.

(5) A clerk appointed to a committee of the governing body must—

(a)convene meetings of the committee;

(b)attend meetings of the committee and ensure that minutes of the proceedings are drawn up; and

(c)perform such other tasks with respect to that committee as may be determined by the governing body from time to time.

Associate members

24.—(1) The membership of any committee may include associate members.

(2) Subject to paragraph (3), an associate member has such voting rights in a committee to which that person is appointed as are determined by the governing body.

(3) An associate member may not vote on any business transacted by any committee unless the associate member is aged over 18.

(4) An associate member may be removed from office by the governing body at any time.

Rights of persons to attend meetings of committees

25.—(1) Subject to regulation 16 and to Schedule 1 the following persons are entitled to attend any meeting of a committee—

(a)any member of the committee, provided that the member of the committee is not a governor who has been suspended in accordance with regulation 17;

(b)the head teacher of the school, whether or not that person is a member of the committee;

(c)the clerk to the committee; and

(d)such other persons as the governing body or the committee may determine.

(2) A committee may exclude an associate member from any part of its meeting which the associate member is otherwise entitled to attend when the business under consideration concerns an individual member of staff or pupil.

Meetings of committees

26.—(1) Meetings of a committee are to be convened by the clerk to that committee who, when exercising this function, must comply with any direction given by—

(a)the governing body;

(b)the chair of the committee, so far as such direction is not inconsistent with any direction given under sub-paragraph (a).

(2) Subject to any direction given in accordance with paragraph (1), at least seven clear days in advance the clerk must give to each member of the committee and to the head teacher (whether or not that person is a member of the committee)—

(a)written notice of the meeting; and

(b)a copy of the agenda for the meeting,

provided that where the chair of the committee so determines on the ground that there are matters demanding urgent consideration, it will be sufficient if the written notice of the meeting states that fact and the notice and agenda are given within such shorter periods as the chair directs.

(3) The proceedings of a committee will not be invalidated by—

(a)any vacancy among their number; or

(b)any defect in the appointment of any member of the committee.

(4) No vote on any matter may be taken at any meeting of a committee unless the majority of members of the committee present are governors.

(5) Every question to be decided at a meeting of a committee must be determined by a majority of the votes of the members of the committee present and voting on the question.

(6) Where there is an equal division of votes the person who is acting as chair for the purposes of the meeting will have a second or casting vote, provided that such person is a governor.

(7) Minutes of the proceedings of a meeting of a committee must be drawn up by the clerk to the committee or the person acting as the clerk for the purposes of the meeting; and must be signed (subject to the approval of the committee) by the chair at the next meeting of the committee.

(8) Subject to paragraph (9) the committee must, as soon as reasonably practicable, make available for inspection by any interested person a copy of—

(a)the agenda for every committee meeting;

(b)the signed minutes of every such meeting; and

(c)any report or other paper considered at any such meeting.

(9) The committee may exclude from any item required to be made available in pursuance of paragraph (8) any material relating to—

(a)a named person who works, or who it is proposed should work, at the school;

(b)a named pupil at, or candidate for admission to the school;

(c)any other matter that, by reason of its nature, the committee is satisfied should remain confidential.

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