The Education (School Government) (Wales) Regulations 1999

PART IV CLERKS

Application and interpretation

21.—(1) Regulations 23 and 25 do not apply to the appointment of the first clerk to the temporary governing body of a new school.

(2) Subject to paragraph (1), in regulations 22 to 25 references to a community, voluntary controlled, community special school, foundation, voluntary aided or foundation special school, or to a maintained school, include a new school which will be such a school.

(3) Any provision in this Part relating to the dismissal of a clerk to the governing body is without prejudice to any rights and liabilities which the clerk may have if he is employed under a contract of employment.

Clerk to the governing body: restrictions

22.—(1) On and after 1st April 2000—

(a) the clerk to the governing body of a maintained school shall not be a member of the governing body;

(b) the head teacher of a maintained school shall not serve as clerk to the governing body.

(2) Notwithstanding paragraph (1), the governing body may, where the clerk fails to attend a meeting of theirs, appoint any one of their number to act as clerk for the purposes of that meeting.

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I1 Reg. 22 wholly in force at 1.4.00; reg. 22(2) in force at 1.9.1999; reg. 22(1) in force at 1.4.2000.

Appointment of the clerk to the governing body

23.—(1) This regulation is subject to regulation 25.

(2) Where there is a vacancy in the office of clerk to the governing body F1 of a community, voluntary controlled or community special school, the local education authority shall appoint a person selected by the governing body to be the clerk.

(3) Subject to regulation 24, where there is a vacancy in the office of clerk to the governing body of a foundation, voluntary aided or foundation special school, the governing body shall appoint a clerk.

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F1 Part VIII of these Regulations contains provisions relating to clerks to governing bodies and temporary governing bodies on transition to the new schools framework under the 1998 Act.

Dismissal of the clerk

24.—(1) This regulation is subject to regulation 25.

(2) Where the governing body of a community, voluntary controlled or community special school detemine that the clerk to the governing body should be dismissed—

(a) they shall notify the authority in writing of their determination and the reasons for it; and

(b) the authority shall dismiss the clerk to the governing body on receipt of the notification from the governing body.

(3) The governing body of a foundation, voluntary aided or foundation special school may determine that the clerk should be dismissed.

Appointment and dismissal of the clerk where the school does not have a delegated budget

25.—(1) If at any time a maintained school does not have a delegated budget the following provision shall apply.

(2) In the case of a community, voluntary controlled or community special school, the local education authority may appoint and dismiss the clerk as the authority think fit.

(3) The authority shall in connection with the exercise of their functions under paragraph (2) consult the governing body to such extent as the authority think fit.

(4) In the case of a foundation, voluntary aided or foundation special school—

(a) except with the consent of the local education authority, the governing body shall not—

(i) appoint a clerk, or

(ii) dismiss the clerk;

(b) the local education authority may give the governing body directions requiring them to dismiss the clerk.

First clerk to the temporary governing body and clerking on transition to the permanent governing body

26.—(1) The first clerk to the temporary governing body of a new school which will be a community, voluntary controlled, or community special school, or a foundation or foundation special school proposals for the establishment of which were published by the local education authority, shall be appointed by the local education authority.

(2) The first clerk to the temporary governing body of a new school not referred to in paragraph (1) which will be a foundation or voluntary aided school shall be appointed by the promoters of the school.

(3) The person who was the clerk to the temporary governing body shall act as clerk to the governing body who succeed them, pending the appointment of their clerk.

Clerking on transition to the new framework

27.  Schedule 8 makes provision in relation to clerks to governing bodies on transition to the new schools framework under the 1998 Act.

PART IV CLERKS