The Government of Maintained Schools (Wales) Regulations 2005

Term of office E+W

25.—(1) Subject to paragraphs (2) to (7), a governor holds office for a fixed period of four years from the date of his or her election or appointment.

(2) Paragraph (1) does not apply to any governor who is the head teacher of the school, or to any ex officio foundation governor, who may hold office for as long as he or she holds the position from which his or her governorship derives.

(3) Paragraph (1) does not apply to any foundation governor whose term of office is to be determined by the person who appointed him or her, up to a maximum of 4 years.

(4) Paragraph (1) does not apply to any additional governor, additional foundation governor or interim executive member appointed under sections 16(1), 16A(2), 18(3) or 18A(4) of the 1998 Act whose term of office is to be determined by the person who appointed him or her, up to a maximum of 4 years.

(5) Paragraph (1) does not apply to any parent governor of a maintained nursery school who is to hold office for a fixed period of two years from the date of his or her election or appointment.

[F1 (5A) Paragraph (1) does not apply to any associate pupil governor who is to hold office for a period of one year from the date of his or her appointment. Nothing in this paragraph prevents an associate pupil governor from being re-appointed at the expiration of his or her term of office.]

(6) A substitute governor may hold office until the earlier of the following—

(a) the expiry of four years from the date when his or her appointment takes effect;

(b) the date when the original governor (not having been removed from office under regulation 27 (2)) gives written notice to the clerk to the governing body to the effect that he or she is able and willing to act as a foundation governor; or

(c) the date when a person other than the original governor takes office in the post by virtue of which the ex officio foundation governorship exists.

(7) This regulation does not prevent a governor from—

(a) being elected or appointed for a further term, save as otherwise provided in these Regulations;

(b) resigning his or her office in accordance with regulation 26(1);

(c) being removed from office under regulations 27 to 29; or

(d) being disqualified, by virtue of any provision of these Regulations, from holding or continuing to hold office.

(8) In this regulation “the original governor” (“y llywodraethwr gwreiddiol”) means the ex officio foundation governor in whose place the substitute governor is appointed to act.

Textual Amendments

F1 Reg. 25(5A) inserted (31.12.2005) by The School Councils (Wales) Regulations 2005 (S.I. 2005/3200), regs. 1(1), 8(4)

Commencement Information

I1 Reg. 25 in force at 31.10.2005, see reg. 1(1)

(1)

Amended by section 56 of, and Schedule 5 to, the 2002 Act.

(2)

Prospectively inserted by section 57 of the 2002 Act.

(3)

Amended by section 56 of the 2002 Act.

(4)

Prospectively inserted by section 58 of the 2002 Act.