PART 3 Appointment, Functions and Removal of Officers

10 Appointment and removal of the clerk to the governing body
1 This regulation is without prejudice to any rights and liabilities which the clerk may have under any contract with the governing body or with the local authority.
2 In fulfilling their duty under regulation 6(3) the governing body must ensure that the clerk is not—
(a) a governor; or
(b) the head teacher of the school.
3 Notwithstanding regulation 6(3), the governing body may, if the clerk fails to attend a meeting of the school, appoint any one of their number (who is not the head teacher) to act as clerk for the purposes of that meeting.
4 The governing body may remove the clerk to the governing body from office.
5 If at any time the school does not have a delegated budget, the local authority may remove the clerk to the governing body and appoint a substitute, provided the local authority consults the governing body before taking such action.