School Governance (Constitution, Procedures and New Schools) (England) (Amendment) Regulations 2004

Explanatory Note

(This note is not part of the Regulations)

These Regulations make amendments to three sets of Regulations relating to school governance and to new schools. The Regulations come into force on 1st April 2004.

Regulation 2 amends the School Governance (Constitution) (England) Regulations 2003 to enable parents of children for whom educational or other provision is made on the premises of a maintained nursery school to be elected as, and vote in elections for, parent governors of that maintained nursery school.

Regulation 2 also substitutes a new paragraph 4 of Schedule 6 to the School Governance (Constitution) (England) Regulations 2003, relating to disqualification as a school governor by reason of mental disorder.

Regulation 3 amends regulation 12 of the School Governance (Procedures) (England) Regulations 2003 so that for the purposes of determining the size of the membership of the governing body in regulation 12(1), vacant positions are not included. As a result, the quorum for a meeting of a governing body, and for any vote at governing body meetings, is one half (rounded up to a whole number) of the membership of the governing body, not including any vacant positions.

Regulation 4 amends the New Schools (General) (England) Regulations 2003 to enable parents of children for whom educational or other provision is, or is likely to be, made on the premises of a new maintained nursery school to be appointed as temporary parent governors of that maintained nursery school. The regulation also provides that vacant positions are not to be included when determining the size of the membership of the temporary governing body for the purposes of regulation 44(1). As a result, the quorum for a meeting of a temporary governing body, and for any vote at temporary governing body meetings, is one half (rounded up to a whole number) of the membership of the temporary governing body, not including any vacant positions.

Regulation 4 makes further provisions amending the New Schools (General) (England) Regulations 2003 including the substitution of a new paragraph 4 of Schedule 2, relating to disqualification as a temporary governor by reason of mental disorder.