Regulation 58
1. Regulation 15 and Schedule 6 shall apply to any member of a transitional governing body constituted under an instrument of government in accordance with regulation 18(2) of the First Transitional Regulations but shall not apply in relation to any member of—
(a)a transitional governing body constituted under regulation 19 of the First Transitional Regulations; or
(b)a transitional governing body, a GM transitional governing body, or a grouped transitional governing body within the meaning of the Second Transitional Regulations(1).
2. In relation to Wales, regulation 23 and Schedule 6 of the First Transitional Regulations, and regulations 21, 40 and 53 and Schedule 6 of the Second Transitional Regulations, are revoked.
3.—(1) In relation to Wales, for regulation 13(10) of the First Transitional Regulations there is substituted the following paragraph—
“(10) This regulation is subject to regulation 13 (surplus governors) and paragraphs 1 to 10, 12, 13, 15 and 16 of Schedule 6 to the Education (School Government) (Wales) Regulations 1999 (qualifications and disqualifications).”.
(2) In relation to Wales, for regulation 33(8) of the Second Transitional Regulations there is substituted the following paragraph—
“(8) This regulation is subject to regulation 34 (surplus governors) and paragraphs 1 to 10, 12, 13, 15 and 16 of Schedule 6 to the Education (School Government) (Wales) Regulations 1999 (qualifications and disqualifications).”.
4. A governor who continues as a governor of a school pursuant to regulation 13 of the First Transitional Regulations, or regulation 13 of the First Transitional Regulations as it applies by virtue of regulation 20 of those Regulations, shall hold office for the remainder of the term for which he was originally appointed or elected, but for no longer than 4 years from 1st September 1999.
5. Any co-opted governor (other than an additional co-opted governor) referred to in regulation 14(3), 35(1) or 47(3) of the Second Transitional Regulations shall hold office for the term of one year.
6. In relation to Wales, the following regulations are revoked—
(a)regulation 22 of the First Transitional Regulations;
(b)regulations 20 and 52 of the Second Transitional Regulations.
7.—(1) For the purposes of regulation 18(1), any initial foundation governor (within the meaning of the 1996 Act) on the transitional governing body of a former grant-maintained school under regulation 19 of the First Transitional Regulations shall be treated as having been appointed by the person or persons entitled immediately before 1st September 1999 to appoint foundation governors under provision included in the instrument of government (in accordance with section 228(7)(b) of the 1996 Act).
(2) The power of removal in regulation 18(1) does not apply in respect of—
(a)a first governor within the meaning of the 1996 Act; or
(b)a parent governor within the meaning of the 1996 Act who has been appointed rather than elected.
(3) The power of removal in regulation 18(4) does not apply in respect of any co-opted governor on transition to the new schools framework under the 1998 Act unless the governing body is constituted or partly constituted under the instrument of government.
8.—(1) This paragraph applies in relation to a school or proposed school—
(a)to which regulation 13 of the School Organisation Regulations applies; or
(b)to which regulation 13 of the Second Transitional Regulations applies.
(2) In this paragraph, “transitional governing body” has the meaning given to it in regulation 13 of the Second Transitional Regulations.
(3) Where this paragraph applies, the person who on 31st August 1999 was the clerk to or the chairman or vice-chairman of the temporary governing body (within the meaning of the 1996 Act) shall continue in office from 1st September 1999 on the temporary governing body or transitional governing body, as the case may be.
(4) Subject to sub-paragraph (3), provisions in Part IV relating to the clerk to the temporary governing body, and provisions in regulation 31 relating to the chairman and vice-chairman of the temporary governing body, shall apply in relation to the clerk, chairman and vice-chairman (as the case may be) of any school to which this paragraph applies.
9.—(1) In this regulation, “grouped school” means any school treated for the purposes of the Second Transitional Regulations as a school grouped under section 89 or 280 of the Education Act 1996 immediately before the appointed day and “grouped governing body” means the governing body of such a school as constituted under the 1996 Act or regulation 49 of the Second Transitional Regulations, as the case may be.
(2) The person who was the clerk to the grouped governing body shall act as clerk to each governing body constituted under an instrument of government who succeed them, pending appointment of each such governing body’s clerk.
10. In relation to Wales, in regulation 42(2)(b) of the Second Transitional Regulations after “paragraph 4 or 9 of” there shall be inserted “Schedule 6 to”.
The First Transitional Regulations and the Second Transitional Regulations provide for disqualification requirements in relation to members of the transitional governing bodies specified in paragraph 1(a) and (b) of Schedule 8 to follow disqualification requirements under the 1996 Act.