Appointment of initial foundation governors
3.—(1) This regulation applies where proposals under section 49 of the 1993 Act for the establishment of a new grant-maintained school have been approved by the Secretary of State in accordance with section 51 of that Act.
(2) Before the incorporation date the promoters shall—
(a)subject to paragraphs (3) and (4) below, appoint the number of initial foundation governors specified in the proposals, and
(b)notify the Secretary of State in writing where any such appointment is made.
(3) For the purposes of paragraph (2)(a) above, no account shall be taken, in determining the number of initial foundation governors specified in the proposals, of any foundation governorship which is to be held ex officio.
(4) Before appointing any person to be an initial foundation governor the promoters shall obtain the Secretary of State’s consent in writing to that person’s appointment.
(5) In this regulation, “promoters” means the persons who published the proposals under section 49 of the 1993 Act.