The School Governance (Transition from an Interim Executive Board) (England) Regulations 2010

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations make provisions with respect to the transition of a governing body constituted as an interim executive board in accordance with Schedule 6 to the Act to a normally constituted governing body in accordance with section 19(1) of the Education Act 2002. They replace the School Governance (Transition from an Interim Executive Board) (England) Regulations which are revoked.

Part 1 provides for the Regulations to come into force on 1st September 2010, sets out the regulations that are to be revoked and contains the interpretation provisions. Under regulation 4 certain statutory provisions relating to the constitution of a governing body and the school’s instrument of government in so far as they relate to the constitution of the governing body do not apply to the shadow governing body.

Part 2 provides for a shadow governing body to be appointed by the local authority and describes the various categories of shadow governors that may be appointed.

Part 3 sets out that a local authority may establish a shadow governing body at least six months before the interim executive board is to become a normally constituted governing body. It also provides that a local authority may remove a shadow governor at anytime for incapacity or misbehaviour.

Part 4 sets out the composition of a shadow governing body for each category of school.

Part 5 deals with the conduct of a shadow governing body and provides for the appointment of a chair, a vice-chair and clerk. The clerk must attend meetings of the shadow governing body and ensure that minutes are taken and signed by the chair. For each meeting of the shadow governing body a copy of the agenda, the signed minutes and any report or papers considered, must be made available for inspection as soon as reasonably practicable. In all other respects the shadow governing body determines their own procedure.

Part 6 sets out the procedure for the transition from an interim executive board to a normally constituted governing body. Where a shadow governing body has been appointed by a local authority, when the interim executive members vacate office, the shadow governing body are to be treated as if they are a normally constituted governing body until a date determined by the local authority when they will vacate office and the governing body must be constituted in accordance with regulations made by virtue of section 19 of the EA 2002 and in accordance with the school’s instrument of government.

Under regulation 27, where a shadow governing body has not been appointed by the local authority, the local authority must ensure that a new instrument of government is made, and from the day the interim executive members cease to hold office, the governing body are constituted as a normally constituted governing body in accordance with regulations made by virtue of section 19 of the EA 2002.