The School Governance (Constitution) (England) Regulations 2012

Regulation 6

SCHEDULE 1 Election and appointment of parent governors

1.  “Appropriate authority” means—

(a) in relation to a community school, a community special school(1), a maintained nursery school or a voluntary controlled school, the local authority; and

(b) in relation to a voluntary aided school, foundation school or foundation special school, the governing body.

2.  Where a local authority are the appropriate authority in relation to a school, they may delegate to the head teacher of the school any of their functions under this Schedule.

3.  The local authority may be the appropriate authority in relation to a school within paragraph 1(b) if the governing body and the local authority so agree.

4.  The appropriate authority must make all the necessary arrangements for the election of parent governors.

5.  The power conferred by paragraph 4 does not include power to impose any requirements as to the minimum number of votes required to be cast for a candidate to be elected.

6.  Any election which is contested must be held by ballot.

7.—(1) The arrangements made under paragraph 4 must provide for every person who is entitled to vote to have an opportunity to do so by post.

(2) For the purposes of sub-paragraph (1), “post” includes delivery by hand.

(3) The arrangements made under paragraph 4 may provide for every person who is entitled to vote to have an opportunity to do so by electronic means.

8.  Where a vacancy for a parent governor arises, the appropriate authority must take such steps as are reasonably practicable to secure that every person who is known to them to be a parent of a registered pupil at the school, and where the school is a maintained nursery school, a parent of a child 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(2)), is—

(a) informed of the vacancy and that it is required to be filled by election;

(b) informed that the person is entitled to stand as a candidate and vote in the election; and

(c) given the opportunity to do so.

9.  The number of parent governors required must be made up by parent governors appointed by the governing body, if one or more vacancies for parent governors arises and either—

(a) the number of parents standing for election is less than the number of vacancies;

(b) at least 50 per cent of the registered pupils at the school are boarders and the appropriate authority thinks it would not be reasonably practicable for there to be an election of parent governors; or

(c) in the case of a school which is a community special or foundation special school established in a hospital, it would, in the opinion of the appropriate authority, be impractical for there to be an election of parent governors.

10.—(1) Except where paragraph 11 applies, the governing body must appoint as a parent governor—

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

(b) a parent of a former registered pupil at the school, or

(c) a parent of a child under or of compulsory school age.

(2) The governing body may only appoint a person referred to in sub-paragraph (1)(b) or (c) if it is not reasonably practicable to appoint a person referred to in the sub-paragraph which immediately precedes it.

11.—(1) Where the school is a community special school or a foundation special school, the governing body must appoint—

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

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

(c) a parent of a child under or of compulsory school age with special educational needs for which the school is approved; or

(d) a parent of a child who has special educational needs and is over compulsory school age.

(2) The governing body may only appoint a person referred to in sub-paragraph (1)(b), (c) or (d) if it is not reasonably practicable to appoint a person referred to in the sub-paragraph which immediately precedes it.

Regulation 7

SCHEDULE 2 Election of staff governors

1.  In this Schedule “appropriate authority” has the same meaning as in Schedule 1.

2.  Where a local authority are the appropriate authority in relation to a school, they may delegate to the head teacher of the school any of their functions under this Schedule.

3.  The appropriate authority must make all the necessary arrangements for the election of staff governors.

4.  The power conferred by paragraph 3 does not include power to impose any requirements as to the minimum number of votes required to be cast for a candidate to be elected.

5.  Any election which is contested must be held by ballot.

Regulation 10

SCHEDULE 3 Appointment of partnership governors

1.  Where a partnership governor is required in relation to a school which is designated under section 69(3) of SSFA 1998 as having a religious character, the governing body must seek nominations from—

(a) in the case of a Church of England school or a Roman Catholic Church school, the appropriate diocesan authority; and

(b) in any other case, the appropriate religious body.

2.  Where a partnership governor is required in relation to a school which does not have a religious character, the governing body must seek nominations from parents of registered pupils at the school, and from such other persons in the community served by the school as they consider appropriate.

3.  The governing body must make all the necessary arrangements for and determine all other matters relating to the nomination and appointment of partnership governors.

4.  No person is eligible to be nominated for appointment, or to be appointed, as a partnership governor unless that person has the skills required to contribute to the effective governance and success of the school.

5.  No governor may nominate a person for appointment as a partnership governor except in accordance with paragraph 6(2).

6.—(1) The governing body must appoint such number of partnership governors as is required by the instrument of government from the eligible nominees.

(2) If the number of eligible nominees is less than the number of vacancies, the number of partnership governors required may be made up by persons nominated by governors and appointed by the governing body.

7.  Where the governing body makes an appointment under paragraph 6(2), having rejected any person nominated under paragraphs 1 or 2 as ineligible, they must give written reasons for their decision to—

(a) the local authority;

(b) the person or body who nominated the person rejected; and

(c) the person rejected.

8.  For the purposes of this Schedule, “appropriate diocesan authority” and “appropriate religious body” have the meanings given by regulation 26.

Regulation 17

SCHEDULE 4 Qualifications and disqualifications

General

1.  A person is disqualified from holding or from continuing to hold office as a governor of a school at any time when the person is a registered pupil at the school.

2.  A person is disqualified from being elected or appointed as a governor unless the person is aged 18 or over.

3.  Save as otherwise provided in these Regulations, the fact that a person is qualified to be elected or appointed as a governor of a particular category at a school does not disqualify the person from election or appointment or from continuing as a governor of any other category at that school, but no person may at any time hold the office of more than one governor of the same school.

4.  Any person who is disqualified from holding office as a governor of a school under this Schedule is likewise disqualified from holding or continuing to hold office as an associate member of the governing body unless the disqualification is under paragraphs 1 or 2 of this Schedule.

Disqualification criteria for categories of governor

5.—(1) A person is disqualified from election or appointment as a parent governor of a school if the person—

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

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

(2) A person (“P”) is not disqualified from continuing to hold office as a parent governor because P 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) .

6.  A person is disqualified from appointment as a local authority governor if the person is eligible to be a staff governor of the school.

7.—(1) A person is disqualified from nomination or appointment as a partnership governor of a school if the person 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 authority; or

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

(2) The disqualification criterion in paragraph 7(1)(d) does not apply in the case of a person who is employed by a local authority in England under a contract of employment providing for the person to work wholly at a school or schools maintained by the local authority.

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

Failure to attend meetings

9.—(1) This paragraph applies to every governor, other than governors who are governors by virtue of the office that they hold.

(2) A governor who, without the consent of the governing body, has failed to attend their meetings for a continuous period of six months beginning with the date of the first such meeting the governor fails to attend, is, on the expiry of that period, disqualified from continuing to hold office as a governor of that school.

(3) A foundation governor, authority governor, co-opted governor or partnership governor who has been disqualified as a governor of a school under sub-paragraph (2) is not qualified for election, nomination or appointment as a governor of any category at that school for twelve months starting on the date on which they are so disqualified.

Bankruptcy

10.  A person is disqualified from holding or continuing to hold office as a governor of a school if—

(a) the person’s estate has been sequestrated and the sequestration has not been discharged, annulled or reduced; or

(b) the person is the subject of a bankruptcy restrictions order, an interim bankruptcy restrictions order(3), a debt relief restrictions order or an interim debt relief restrictions order(4).

Disqualification of company directors

11.  A person is disqualified from holding, or from continuing to hold, office as a governor of a school at any time when the person is subject to—

(a) a disqualification order or disqualification undertaking under the Company Directors Disqualification Act 1986(5);

(b) a disqualification order under the Company Directors Disqualification (Northern Ireland) Order 2002(6);

(c) a disqualification undertaking accepted under the Company Directors Disqualification (Northern Ireland) Order 2002; or

(d) an order made under section 429(2)(b) of the Insolvency Act 1986(7) (failure to pay under county court administration order).

Disqualification of charity trustees

12.  A person is disqualified from holding or from continuing to hold office as a governor of a school if—

(a) the person (“P”) has been removed from the office of trustee for a charity by an order made by the Charity Commission or Commissioners or the High Court on the grounds of any misconduct or mismanagement in the administration of the charity for which P was responsible or to which P was privy, or to which P contributed or which P facilitated by P’s conduct; or

(b) the person has been removed, under section 34 of the Charities and Trustee Investment (Scotland) Act 2005(8), from being concerned in the management or control of any body.

Persons whose employment is prohibited or restricted

13.  A person is disqualified from holding or from continuing to hold office as a governor of a school at any time when the person is—

(a) included in the list kept under section 1 of the Protection of Children Act 1999(9) (list of those considered by the Secretary of State as unsuitable to work with children);

(b) subject to a direction of the Secretary of State under section 142 of EA 2002(10) (or any other disqualification, prohibition or restriction which takes effect as if contained in such a direction);

(c) barred from regulated activity relating to children in accordance with section 3(2) of the Safeguarding Vulnerable Groups Act 2006(11);

(d) disqualified from working with children under sections 28, 29 or 29A of the Criminal Justice and Court Services Act 2000(12);

(e) disqualified from registration under Part 2 of the Children and Families (Wales) Measure 2010(13) for child minding or providing day care; or

(f) disqualified from registration under Part 3 of the Childcare Act 2006(14).

Criminal convictions

14.—(1) Subject to sub-paragraph (6) below, a person is disqualified from holding, or continuing to hold, office as a governor of a school where any of sub-paragraphs (2) to (4) or (6) below apply to the person.

(2) This sub-paragraph applies to a person (“P”) if—

(a) within the period of five years ending with the date immediately preceding the date on which P’s appointment or election as governor would otherwise have taken effect or, as the case may be, on which P would otherwise have become a governor by virtue of an office, or

(b) since P’s appointment or election as governor or, as the case may be, since P became a governor by virtue of an office,

P has been convicted, whether in the United Kingdom or elsewhere, of any offence and a sentence of imprisonment (whether suspended or not) has been imposed on P for a period of not less than three months without the option of a fine.

(3) This sub-paragraph applies to a person (“Q”) if within the period of 20 years ending with the date immediately preceding the date on which Q’s appointment or election as governor would otherwise have taken effect or, as the case may be, on which Q would otherwise have become a governor by virtue of an office, Q has been convicted of any offence and a sentence of imprisonment has been imposed on Q for a period of not less than two and a half years.

(4) This sub-paragraph applies to a person who has at any time been convicted as aforesaid of any offence and a sentence of imprisonment has been imposed on the person for a period of not less than five years.

(5) For the purposes of sub-paragraphs (2) to (4) above, any conviction by or before a court outside the United Kingdom of an offence which, if the facts giving rise to the offence had taken place in any part of the United Kingdom, would not have constituted an offence under the law in force in that part of the United Kingdom must be disregarded.

(6) This sub-paragraph applies to a person (“R”) if—

(a) within the period of five years ending with the date immediately preceding the date on which R’s appointment or election as governor would otherwise have taken effect or, as the case may be, on which R would otherwise have become a governor by virtue of an office, or

(b) since R’s appointment or election as governor or, as the case may be, since R became a governor by virtue of an office,

R has been convicted under section 547 of EA 1996(15) (nuisance or disturbance on school premises) or under section 85A of the Further and Higher Education Act 1992(16) (nuisance or disturbance on educational premises) of an offence and has been sentenced to a fine.

Refusal to make an application for a criminal records certificate

15.  A person is disqualified from holding or continuing to hold office as a governor at any time when the person refuses a request by the clerk to the governing body to make an application under section 113B of the Police Act 1997(17) for a criminal records certificate.

Notification to clerk

16.  Where a person (“P”) is, or is proposed to become, a governor and by virtue of any of paragraphs 10 to 14 P is disqualified from holding, or from continuing to hold, office as a governor, P must give notice of that fact to the clerk to the governing body.

(1)

Within the meaning of section 20 of and Schedule 2 to SSFA 1998 and section 39(1) of EA 2002.

(2)

An amendment to section 27 of EA 2002 was made by the Children, Schools and Families Act 2010 (c. 26) but this is not yet in force.

(3)

“Bankruptcy restrictions order” means an order made under paragraph 1 of Schedule 4A to the Insolvency Act 1986 (c. 45) and “interim bankruptcy restrictions order” means an order made under paragraph 5 of that Schedule. Schedule 4A was inserted by Schedule 20 to the Enterprise Act 2002 (c. 40).

(4)

“Debt relief order” means an order made under paragraph 1 of Schedule 4ZB to the Insolvency Act 1986 (c. 45) and “interim debt relief order” means an order made under paragraph 5 of that Schedule. Schedule 4ZB was inserted by Schedule 19 to the Tribunals, Courts and Enforcement Act 2007 (c. 15).

(5)

1986 c.46.

(6)

S.I. 2002/3150 (N.I. 4), as amended by the Companies Act 2006 (c.46), the Banking Act 2009 (c.1), the Debt Relief Act (Northern Ireland) 2010 (c.16) and by S.I. 2005/1454 (N.I.9), 2005/1455 (N.I.10), 2005/1967 (N.I.17), 2006/314 (N.I.3), 2006/3336 (N.I.21), 2007/2194, 2008/948, 2009/805 and 2009/1941.

(7)

1986 c.45. Section 429(2) is repealed and substituted by section 106 of and Schedule 16 to the Tribunals, Courts and Enforcement Act 2007 (c.15), which are not yet in force.

(8)

2005 asp 10.

(9)

1999 c.14, as amended by the Care Standards Act 2000 (2000 c.14). Section 1 is repealed by section 63 of and Schedules 9 and 10 to the Safeguarding Vulnerable Groups Act 2006 (c.47) save as provided by S.I. 2009/2611.

(10)

Section 142 is repealed by section 63 of and Schedule 10 to the Safeguarding Vulnerable Groups Act 2006 (which are only partly in force) save as provided by S.I. 2009/2611.

(11)

2006 c.47.

(12)

2000 c.43. Section 28 is repealed by section 63 of and Schedule 10 to the Safeguarding Vulnerable Groups Act 2006 (which are only partly in force) save as provided by S.I. 2009/2611 and S.I. 2010/1101.

(13)

2010 nawm 1.

(14)

2006 c.21. Part 3 is amended by the Education and Inspections Act 2006 (c.40), the Safeguarding Vulnerable Groups Act 2006, the Education and Skills Act 2008 (c. 25), the Apprenticeships, Skills, Children and Learning Act 2009 (c.22) and the Education Act 2011 (c.21).

(15)

As amended by SSFA 1998 and by section 206 of and Schedule 20 to EA 2002 and by section 6 of and Schedule 1 to the Education and Inspections Act 2006 and by S.I. 2010/1158.

(16)

1992 c.13; section 85A was inserted by section 206 of and Schedule 20 to EA 2002 and amended by S.I. 2010/1158 and by section 54 of and Schedule 13 to the Education Act 2011.

(17)

1997 c.50; inserted by section 163 of the Serious Organised Crime and Police Act 2005 (2005 c.15) and amended by the Safeguarding Vulnerable Groups Act 2006, the Armed Forces Act 2006 (c.52), the Policing and Crime Act 2009 (c.26) and S.I.2009/203 and S.I. 2010/1146.