PART IIIGOVERNMENT OF GROUPS AND PROPOSED GROUPS

Application of Schedule 5 to the 1993 Act (Governing Bodies)24

Schedule 5 to the 1993 Act shall apply in relation to a group as it applies in relation to a grant–maintained school with the following modifications:

a

paragraph 3 shall not apply;

b

for paragraph 6(1) there is substituted:

“Subject to paragraph 10 below, and except where sub–paragraph (4) or (5) below applies, core governors are to hold office for such term (not being less than five nor more than seven years) as may be specified in the instrument.”;

c

paragraph 6(2) shall be omitted;

d

for paragraph 6(3) there is substituted:

“The initial instrument of government must provide, except where sub– paragraph (4) or (5) below applies, for such a governor to hold office for such term as was specified in the proposals for a group or new group as the proposed term of office for such a governor.”;

e

for paragraph 6(4) there is substituted:

“Any additional core governor appointed in pursuance of provisions made in the instrument by virtue of section 124 of this Act is to hold office for such term (not being more than five years) as may be specified in the terms of the governor’s appointment.”;

f

or paragraph 6(5) there is substituted:

“Any core governor appointed in pursuance of provision made in the instrument by virtue of section 123 of this Act is to hold office for such term (not being less than five nor more than seven years) as may be specified in the terms of his appointment.”;

g

for paragraph 9 there is substituted:

“The instrument for a group must provide that any externally appointed core governors may be removed from office by the person or persons who appointed them.”;

h

for paragraph 10 there is substituted:

1

The instrument for a group must, until every initial governor has ceased to hold office, make the provision required by sub–paragraphs (2) and (3) below.

2

a

An initial governor of an elected category who was a governor of that category on the governing body of the group immediately before the incorporation date shall hold office for the remainder of his term of office on the former governing body, and

b

an initial governor of an elected category who was elected under regulation 26 or elected or nominated under regulation 29 to hold office as such shall hold office for a term of four years.

3

An initial core governor shall hold office for such term (not being less than five nor more than seven years) beginning with the incorporation date as may be specified in his proposed term of office in the proposals for a group or new group.

i

in paragraph 12 for “Chapter V” there is substituted “Chapter IX”.