The Government of Maintained Schools (Wales) Regulations 2005

1. Introductory Text

2. PART 1 Introduction

   1. 1. Title, commencement and application

   2. 2. Revocations, savings and amendments

   3. 3. Interpretation

3. PART 2 Categories of Governor

   1. 4. Parent governors

   2. 5. Teacher governors

   3. 6. Staff governors

   4. 7. LEA governors

   5. 8. Community governors

   6. 9. Foundation governors

   7. 10. Partnership governors

   8. 11. Sponsor Governors

   9. 12. Representative Governors

4. PART 3 CONSTITUTION OF GOVERNING BODIES

   1. 13. Community schools

   2. 14. Maintained Nursery Schools

   3. 15. Community special schools

   4. 16. Foundation schools

   5. 17. Foundation special schools

   6. 18. Voluntary controlled schools

   7. 19. Voluntary aided schools

   8. 20. Maintained primary schools

   9. 21. Notification of vacancies and appointments

   10. 22. Joint appointments

   11. 23. Surplus governors

5. PART 4 Qualifications and tenure of office

   1. 24. Qualifications and disqualifications

   2. 25. Term of office

   3. 26. Resignation

   4. 27. Removal of LEA, foundation, representative, additional community and sponsor governors

   5. 28. Removal of community governors

   6. 29. Removal of appointed parent governors and partnership governors

   7. 30. Procedure for removal of governors by the governing body

6. PART 5 Instrument of Government

   1. 31. Interpretation of “appropriate diocesan authority” and “appropriate religious body”

   2. 32. Duty to have regard to guidance

   3. 33. Contents and form of instrument of government

   4. 34. Procedure for making an instrument

   5. 35. Review of instruments of government

   6. 36. Other requirements relating to instruments of government

   7. 37. Duty to secure making of instruments of government

7. PART 6 Transitional Provision

   1. 38. Transitional provision

8. PART 7 Appointment, functions and removal of officers

   1. 39. Election of the chair and vice-chair

   2. 40. Delegation of functions to the chair or vice-chair in cases of urgency

   3. 41. Removal of the chair or vice-chair from office

   4. 42. Appointment and removal of the clerk to the governing body

   5. 43. Functions of the clerk to the governing body

9. PART 8 Meetings and proceedings of governing bodies

   1. 44. Right of persons to attend meetings of the governing body

   2. 45. Convening meetings of the governing body

   3. 46. Quorum and proceedings of the governing body

   4. 47. Minutes and papers

   5. 48. Publication of minutes and papers

   6. 49. Suspension of governors

   7. 50. Delegation of functions

   8. 51. Restrictions on delegation and specified committees

   9. 52. Reporting to the governing body following the exercise of delegated functions

10. PART 9 Committees of governing bodies

    1. 53. Application of this Part

    2. 54. Establishment of committees of the governing body

    3. 55. Staff disciplinary and dismissal committee and disciplinary and dismissal appeals committee

    4. 56. Pupil discipline and exclusions committee

    5. 57. Admissions committee

    6. 58. Clerks to committees

    7. 59. Right of persons to attend meetings of committees

    8. 60. Meetings of committees

    9. 61. Minutes of meetings of committees

    10. 62. Publication of minutes and papers

11. PART 10

    1. 63. Restrictions on persons taking part in proceedings

12. Signature

13. 1. SCHEDULE 1

       Election and appointment of parent governors

       1. 1. In this Schedule “appropriate authority” (“awdurdod priodol”) means—

       2. 2. Where a local education authority is the appropriate authority in...

       3. 3. The local education authority is the appropriate authority in relation...

       4. 4. Subject to paragraphs 5 to 9 the appropriate authority must...

       5. 5. The appropriate authority is to determine for the purposes of...

       6. 6. The power conferred by paragraph 4— (a) does not include...

       7. 7. Any election which is contested must be held by secret...

       8. 8. (1) The arrangements made under paragraph 4 must provide for...

       9. 9. Where a vacancy for a parent governor arises, the appropriate...

       10. 10. The number of parent governors required must be made up...

       11. 11. (1) Except where paragraph 12 applies, the governing body must...

       12. 12. (1) Where the school is a community special school or...

    2. SCHEDULE 2

       Election of teacher and staff governors

       1. 1. In this Schedule “appropriate authority” (“awdurdod priodol”) has the same...

       2. 2. Where a local education authority is the appropriate authority in...

       3. 3. Subject to paragraphs 4 to 6, the appropriate authority must...

       4. 4. The appropriate authority is to determine for the purposes of...

       5. 5. The power conferred by paragraph 3— (a) does not include...

       6. 6. Any election which is contested must be held by secret...

    3. SCHEDULE 3

       Appointment of partnership governors

       1. 1. Where a partnership governor is required, the governing body must...

       2. 2. No person may nominate for appointment, or appoint, a person...

       3. 3. (1) In the case of a foundation special school without...

       4. 4. Subject to paragraph 5(2), no governor may nominate a person...

       5. 5. (1) The governing body must appoint such number of partnership...

       6. 6. Where the governing body makes an appointment under paragraph 5(2),...

       7. 7. The governing body must make all necessary arrangements for and...

    4. SCHEDULE 4

       Appointment of Sponsor Governors

       1. 1. In this Schedule, “sponsor” (“noddwr”) in relation to a school...

       2. 2. Where the school has one or more sponsors, the governing...

       3. 3. The governing body must seek nominations for such appointments from...

    5. SCHEDULE 5

       Qualifications and disqualifications

       1. 1. General

       2. 2. No person may at any time hold the office of...

       3. 3. Save as otherwise provided in these Regulations, the fact that...

       4. 4. Mental disorder

       5. 5. Failure to attend meetings

       6. 6. Bankruptcy

       7. 7. Disqualification of company directors

       8. 8. Disqualification of charity trustees

       9. 9. Persons whose employment is prohibited or restricted

       10. 10. Criminal convictions

       11. 11. Governors of more than two schools

       12. 12. Refusal to make an application for a criminal records certificate

       13. 13. Notification to clerk

    6. SCHEDULE 6

       Transitional Provisions

       1. 1. In this Schedule— “current governing body” (“corff llywodraethu cyfredol”) means...

       2. 2. On or after the date on which an instrument of...

       3. 3. For the purposes of paragraph 2, the corresponding categories shall...

       4. 4. A current governor will hold office as a governor of...

       5. 5. This Schedule does not prevent a current governor from—

       6. 6. A current governor, who continues as a governor after an...

    7. SCHEDULE 7

       Restrictions on persons taking part in proceedings of the governing body or its committees

       1. 1. Pecuniary interests

       2. 2. Office of governor, chair, vice-chair or clerk

       3. 3. Pay or appraisal of persons working at the school

       4. 4. Appointment of Staff

       5. 5. Persons who are members of more than one governing body

14. Explanatory Note