EXPLANATORY NOTE
(This note is not part of the Regulations)
These Regulations deal with procedures to be adopted by governing bodies of all maintained schools in England from 1st September 2013. They simplify the requirements that were previously in the Education (School Government) (Terms of Reference) (England) Regulations 2000, the Education (Governors’ Allowances) (England) Regulations 2003 and the School Governance (Procedures) (England) Regulations 2003, all of which are revoked by these Regulations.
Part 2 makes provision for the roles of the governing body and head teacher and replaces, in a reduced form, requirements which were previously provided for in the Education (School Government) (Terms of Reference) (England) Regulations 2000. It introduces 3 core functions on which governing bodies should focus. Regulation 6(3) places a new obligation on governing bodies to have regard to advice from the clerk to the governing body as to the nature of the governing body’s functions.
Part 3 deals with the appointment and removal of officers of the governing body, and their functions. The main changes from the School Governance (Procedures) (England) Regulations 2003 are to simplify some of the requirements in relation to the setting of the chair’s and vice-chair’s term of office in regulation 7 and to reduce the list of functions of the clerk to the governing body in regulation 11.
Part 4 provides for meetings and proceedings of the governing body. The main changes from the previous regulations include the provision at regulation 14(7)(d) that the proceedings of a governing body are not invalidated by any person not having received written notice of the meeting or a copy of the agenda for the meeting. In addition, regulation 14(8) provides the governing body may approve alternative arrangements for governors to participate or vote at meetings of the governing body including but not limited to by telephone or video conference. A number of restrictions on a governing body delegating its functions have also been removed.
Part 5 deals with the establishment and proceedings of committees of governing bodies.
Part 6 deals with allowances to be paid to governors and associate members and replaces, in a reduced form, requirements which were previously provided for in the Education (Governors’ Allowances) (England) Regulations 2003.
Regulation 4 and Schedule 2 to these Regulations make amendments including to the School Governance (Federations) (England) Regulations 2012 (“the Federations Regulations”). The amendments to the Federations Regulations have the effect of applying these Regulations, with modifications, to governing bodies of federations.
Part 7 and Schedule 2 to these Regulations make amendments to the Education (Pupil Referral Units) (Management Committees etc) (England) Regulations 2007 (“the MCR”) by applying Regulation 2 and Parts 2 to 5 of, and Schedule 1 to these Regulations to management committees of Pupil Referral Units. Section 19 of the Education Act 1996 (“EA 1996”) requires local authorities (“LAs”) to make arrangements for the provision of suitable education at school or otherwise than at school for those children of compulsory school age who, by reason of illness, exclusion from school or otherwise may not for any period receive suitable education unless such arrangements are made for them. Any school established and maintained by a local authority which is specially organised to provide education for such children is known as a Pupil Referral Unit (“unit”) (see section 19 (2B) of EA 1996). Paragraph 3 of Schedule 1 to EA 1996 provides for adaptations and modifications of the application of enactments to units. Paragraph 15 of Schedule 1 to EA 1996 provides that regulations may make provision for the delegation of LA functions, or for the prohibition of delegation of LA functions, to the management committees of units.
Regulation 31 provides that the MCR are amended as set out in Schedule 2. New regulation 21 of the MCR applies these Regulations to units with the modifications set out in the new Schedule 3 to the MCR.
Paragraph 2 of Schedule 1 to the EA 1996 provides that references in any enactment to the head teacher of a school must be read in relation to a unit as a teacher in charge of the unit (whether known as the head teacher or not).
A full regulatory impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen since the net impact is to reduce burdens and constraints on governing bodies, and it will not impose any additional cost or increase the workload for schools or local authorities.