The Education (Pupil Referral Units) (Management Committees etc.) (Wales) Regulations 2014

Regulation 21

SCHEDULE 3 Application, with modifications, of Part 7, 8, 9 and 10 of the Government of Maintained Schools (Wales) Regulations 2005

1.  Wherever they appear in Parts 7, 8, 9 and 10 of the Government of Maintained Schools (Wales) Regulations 2005—

(a) for references to the “governing body” substitute references to the “committee”;

(b) for references to a “governor” substitute references to a “member”;

(c) for references to the “school” substitute references to the “unit or, as the case may be, the group of units”; and

(d) for references to a “committee” substitute references to a “sub-committee of the committee”.

Appointment, functions and removal of officers

2.  In regulation 39—

(a) in paragraph (1) omit “and to section 18 of the 1998 Act (power of National Assembly for Wales to appoint additional governors)”; and

(b) in paragraph (6) omit “and to section 18 of the 1998 Act”.

3.  In regulation 39(5)(c), omit “or replaced by a chair nominated by the National Assembly for Wales pursuant to section 18 of the 1998 Act”.

4.  In regulation 41(1), omit “unless he or she has been nominated by the National Assembly for Wales pursuant to section 18 of the 1998 Act”.

5.  In regulation 42—

(a) in paragraph (1) omit “with the governing body or”;

(b) in paragraph (2) for “The governing body must” substitute “The authority must”;

(c) in paragraph (3) for sub-paragraph (c) substitute—

“(c) the teacher in charge of the unit or, as the case may be, of any unit in the group of units.”;

(d) in paragraph (5) for “The governing body may” substitute “The authority may”; and

(e) omit paragraph (6).

6.  In regulation 43(1) for sub-paragraph (e) substitute—

“(e) give and receive notices in accordance with regulations 15 (notification of appointments) and 18 (resignation) of, and paragraph 12 of Schedule 2 (notification to clerk) to the Education (Pupil Referral Units) (Management Committees etc.) (Wales) Regulations 2014 and regulations 39(4) and 45(4) of these Regulations;”.

Meetings and proceedings of governing bodies

7.  In regulation 44 for paragraph (b) substitute—

“(b) the teacher in charge of the unit or, as the case may be, of each unit in the group of units, whether or not that person is a member;”.

8.  Omit regulation 44A.

9.  In regulation 45—

(a) in paragraph (4) for sub-paragraph (b) substitute—

“(b) the teacher in charge of the unit or, as the case may be, of each unit in the group of units, whether or not that person is a member;”; and

(b) in paragraph (6) omit sub-paragraph (d).

10.  In regulation 46—

(a) in paragraph (1) omit “any associate pupil governors”;

(b) in paragraph (2) omit “(excluding any associate pupil governors)”; and

(c) omit paragraphs (2A) and (4).

11.  In regulation 49—

(a) in paragraph (1)(b) for “Schedule 5” substitute “Schedule 2 to the Education (Pupil Referral Units) (Management Committees etc.) (Wales) Regulations 2014”;

(b) in paragraph (1)(c) omit “or with the religious character”; and

(c) in paragraph (6) for “paragraph 5 of Schedule 5” substitute “paragraph 5 of Schedule 2 to the Education (Pupil Referral Units) (Management Committees etc) (Wales) Regulations 2014”.

12.  In regulation 50(1)—

(a) omit the words from “regulation 3(2)” to “2000”; and

(b) for sub-paragraph (c) substitute—

“(c) the teacher in charge of the unit or, as the case may be, of any of the units in the group of units, whether or not that person is a member.”

13.  For regulation 51 substitute—

“(1) The committee may not delegate under regulation 50(1) its functions under—

(a) regulations 39 and 41 (election and removal of chair and vice chair);

(b) regulation 42 (appointment and removal of clerk to the governing body);

(c) regulation 49 (suspension of governors);

(d) regulation 50 (delegation of functions);

(e) regulation 54 (establishment of committees); and

(f) regulations 7 (review of instrument of government), 9 (parent members), 12 (community members), 13 (sponsor members), 19 (removal of members) and 20 (procedure for removal of members by the committee) of the Education (Pupil Referral Units) (Management Committees etc.) (Wales) Regulations 2014.

(2) The committee may not delegate to an individual under regulation 50(1)—

(a) its functions in section 88 of the Education and Inspections Act 2006; or

(b) the functions that must be delegated to the committee specified in regulation 56.”

14.  In regulation 52, for paragraph (1)(b) substitute—

“(b) the teacher in charge of the unit or, as the case may be, of any of the units in the group of units, whether or not that person is a member;”.

Committees of governing bodies

15.  Omit regulations 55 and 57.

16.  In regulation 58—

(a) for paragraph (1) substitute—

“(1) The authority must appoint a clerk to each sub-committee, who must not be the teacher in charge of the unit or, as the case may be, of any unit in the group of units.”;

(b) omit paragraph (2); and

(c) in paragraph (4) for “governing body” substitute “authority” and omit “of their”.

17.  In regulation 59—

(a) for paragraph (1)(b) substitute—

“(b) the teacher in charge of the unit or, as the case may be, of each unit in the group of units, whether or not that person is a member of the sub-committee;” and

(b) omit paragraph (3).

18.  In regulation 63 in paragraph (1)(a) for “the head teacher (whether or not he or she is a governor)” substitute “the teacher in charge of the unit or, as the case may be, of each unit in the group of units, whether or not that person is a member”.