The Government of Maintained Schools (Wales) Regulations 2005

Foundation governors

9.—(1) In these Regulations—

“foundation governor” (“llywodraethwr sefydliedig”) means a person who is appointed as a governor otherwise than by the local education authority and who—

(a)

where the school has a particular religious character(1), is appointed for the purpose of securing that that character is preserved and developed,

(b)

where there is a trust relating to the school, is appointed for the purpose of securing that the school is conducted in accordance with that trust, or

(c)

where the school does not have a religious character and there is no trust relating to it, is appointed as a foundation governor of the school;

“ex officio foundation governor” (“llywodraethwr sefydliedig ex officio”) means a foundation governor who is the holder of an office by virtue of which he or she is entitled to be a foundation governor;

“substitute governor” (“dirprwy lywodraethwr”) means a foundation governor appointed to act in the place of an ex officio foundation governor—

(a)

who is unwilling or unable to act as a governor,

(b)

who has been removed as a governor under regulation 27(2), or

(c)

if there is a vacancy in the office by virtue of which such a governorship exists.

(2) An ex officio foundation governor is, upon ceasing to hold the office from which his or her governorship derives, disqualified from continuing to hold office as such a governor.

(1)

As designated by Order of the National Assembly for Wales under section 69(3) of the 1998 Act. See the Designation of Schools Having a Religious Character (Wales) Order 1999, S.I. 1999/1814 and the Designation of Schools Having a Religious Character and Amendments (Wales) Order 2004, S.I. 2004/1734 (W. 177).