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The School Governance (Constitution) (England) Regulations 2007

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Part 2Categories of Governor

Parent governors

4.—(1) In these Regulations “parent governor” means—

(a)a person who is elected in accordance with paragraphs 4 to 8 of Schedule 1 as a governor by parents of registered pupils at the school and is himself such a parent at the time when he is elected, or

(b)where the school is a maintained nursery school, a person who is elected as a governor by—

(i)parents of registered pupils at the school, or

(ii)parents of children for whom educational or other provision is made on the premises of the school (including any such provision made by the governing body under section 27 of EA 2002),

and is himself such a parent at the time when he is elected, or

(c)a person appointed as a parent governor in accordance with paragraphs 9 to 11 of Schedule 1.

(2) A person is disqualified from election or appointment as a parent governor of a school if he is—

(a)an elected member of the local education authority; or

(b)paid to work at the school for more than 500 hours in any consecutive twelve month period.

(3) A person is not disqualified from continuing to hold office as a parent governor when he ceases to be a parent of a registered pupil at the school or to fulfil any of the requirements set out in paragraphs 10 and 11 of Schedule 1 (as the case may be) unless he is otherwise disqualified under these Regulations.

Staff governors

5.—(1) In these Regulations “staff governor” means—

(a)the head teacher, who is a staff governor by virtue of his office unless he resigns the position in accordance with regulation 23(1);

(b)a person who is elected in accordance with Schedule 2 as a governor by persons who are paid to work at the school and is himself a person so working at the time when he is elected.

(2) At least one staff governor (in addition to the head teacher) must be a school teacher(1) unless no school teacher stands for election.

(3) Where the school’s instrument of government(2) specifies that there shall be three or more staff governors, at least one staff governor must be a person who is not a school teacher, unless no such person stands for election.

(4) Upon ceasing to work at the school, a staff governor of a school is to be disqualified from continuing to hold office as such a governor.

LEA governors

6.—(1) In these Regulations “LEA governor” means a person who is appointed as a governor by the local education authority.

(2) A person is disqualified from appointment as a LEA governor of a school if he is eligible to be a staff governor of the school.

Community governors

7.—(1) In these Regulations “community governor” means a person who is appointed as a governor by the governing body and who is—

(a)a person who lives or works in the community served by the school, or

(b)a person who, in the opinion of the governing body, is committed to the good government and success of the school.

(2) In the case of a community special school or a foundation special school the governing body must appoint as one of the community governors a person nominated in accordance with Schedule 3.

(3) A person is disqualified from appointment as a community governor of a school if he is—

(a)eligible to be a staff governor of the school; or

(b)an elected member of the local education authority.

Foundation governors

8.—(1) In these Regulations—

“foundation governor” means a person who is appointed as a governor otherwise than by the local education authority and who—

(a)

is appointed for the purposes of securing that the character of the school, including where the school has a particular religious character(3), such religious character, is preserved and developed, and

(b)

where the school has a foundation, is appointed for the purpose of securing that the school is conducted in accordance with the foundation’s governing documents, including, where appropriate, any trust deed relating to the school;

“ex officio foundation governor” means a foundation governor who is the holder of an office by virtue of which he is entitled to be a foundation governor;

“substitute governor” means a foundation governor appointed to act in the place of an ex officio foundation governor who is unwilling or unable to act as a governor or has been removed from office under regulation 24(2).

(2) Upon ceasing to hold the office from which his governorship derives, an ex officio foundation governor is disqualified from continuing to hold office as such a governor.

Partnership governors

9.—(1) In these Regulations “partnership governor” means—

(a)where the school has a religious character, a person who is nominated as a partnership governor and appointed in accordance with Schedule 4 for the purpose of securing that such religious character is preserved and developed, and

(b)in any other case, a person who is nominated as a partnership governor and appointed as such in accordance with Schedule 4.

(2) A person is disqualified from nomination or appointment as a partnership governor of a school if he is—

(a)a parent of a registered pupil at the school;

(b)eligible to be a staff governor of the school;

(c)an elected member of the local education authority; or

(d)employed by the local education authority in connection with their functions as a local education authority.

Sponsor governors

10.  In these Regulations “sponsor governor” means a person who is nominated as a sponsor governor and is appointed as such by the governing body in accordance with Schedule 5.

Associate members

11.—(1) In these Regulations “associate member” means a person who is appointed by the governing body as a member of any committee established by them but who is not a governor.

(2) An associate member may hold office for a period of four years, or such shorter period (not being less than one year) as may be determined by the governing body at the date of his appointment.

(3) Nothing in this regulation prevents an associate member from being reappointed at the expiration of his term of office.

(4) Any person who is disqualified from holding office as a governor of a school under Schedule 6 is likewise disqualified from holding or continuing to hold office as an associate member of the governing body, save as provided in paragraph 1 of Schedule 6.

(1)

Within the meaning of section 122 of EA 2002.

(2)

Within the meaning of section 20 of EA 2002.

(3)

As designated by Order of the Secretary of State under section 69(3) of SSFA 1998.

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