2015 No. 883

Education, England

The School Governance (Miscellaneous Amendments) (England) Regulations 2015
Made
24th March 2015
Laid before Parliament
26th March 2015
Coming into force
1st September 2015
The Secretary of State for Education makes the following Regulations in exercise of the powers conferred by sections 19(3)(d) and (i) to (l), 20(2), 23(a) to (c), 26(b), 34(5)(b) and (e) and (6)(c), and 210(7) of the Education Act 2002 and by sections 166(3)(a) to (c) and (e) to (g), and 181(2) of, and paragraph 19(2)(c) and (3) of Schedule 6 to, the Education and Inspections Act 2006 .

Citation, commencement and transitional provision
1
1
These Regulations may be cited as the School Governance (Miscellaneous Amendments) (England) Regulations 2015 and come into force on 1st September 2015.
2
The amendments made by regulations 3 and 6 are of no effect in relation to a temporary governing body or shadow governing body constituted before 1st September 2015.
3
In this regulation—
a
“temporary governing body” has the meaning given in regulation 3(3)(b) of the School Governance (New Schools) (England) Regulations 2007 (interpretation) ;
b
“shadow governing body” has the meaning given in regulation 3 of the School Governance (Transition from an Interim Executive Board) (England) Regulations 2010 (interpretation) .
4
For the purposes of this regulation, a temporary governing body or a shadow governing body is constituted immediately after its first meeting.

Amendment of the School Governance (Collaboration) (England) Regulations 2003
2
1
The School Governance (Collaboration) (England) Regulations 2003 are amended as follows.
2
In regulation 4 (establishment of joint committees)—
a
for paragraph (2) substitute—
2
The quorum for any meetings of the joint committee must be determined by the joint committee or the collaborating governing bodies, as determined by the collaborating governing bodies, and must not be fewer than three persons, each of whom is a member of the joint committee.
;
b
for paragraph (3) substitute—
3
A chair of a joint committee must be appointed annually, and may at any time be removed, by the collaborating governing bodies or by the joint committee, as determined by the collaborating governing bodies.
.
3
In regulation 5 (clerks to joint committees)—
a
for paragraph (1) substitute—
1
A clerk (who must not be one of the head teachers) must be appointed, and may at any time be removed, by the collaborating governing bodies or by the joint committee, as determined by the collaborating governing bodies.
;
b
for paragraph (3)(c) substitute—
c
perform such other tasks with respect to that committee as may be determined from time to time by the joint committee or by the collaborating governing bodies, as the collaborating governing bodies determine.
.
4
In regulation 6 (associate members) —
a
in paragraph (1), for “by a joint committee as a member of it” substitute “as a member of a joint committee by the collaborating governing bodies”;
b
in paragraph (2), for “joint committee” substitute “collaborating governing bodies”;
c
in paragraph (5), for “paragraphs (6) and” substitute “paragraph”;
d
omit paragraph (6);
e
in paragraph (7), for “he was aged 18” to the end substitute “the associate member is aged over 18”;
f
in paragraph (8), for “A joint committee” substitute “The collaborating governing bodies”.
5
In regulation 8 (proceedings of joint committees), after paragraph (6), insert—
7
Notwithstanding the requirements of regulation 4(2) and paragraphs (4) and (5) of this regulation, a joint committee may approve alternative arrangements for members of the joint committee to participate or vote at meetings of that committee, including, but not limited to, by telephone or video conference.
.

Amendment of the School Governance (New Schools) (England) Regulations 2007
3
1
The School Governance (New Schools) (England) Regulations 2007 are amended as follows.
2
In regulation 3(1) (interpretation), after the definition of “school teacher”, insert—
- “temporary co-opted governor” has the meaning given in regulation 15(5);
- “temporary governor” means a member of a temporary governing body
.
3
In regulation 7 (temporary parent governors) , after paragraph (2), insert—
2A
No person may be appointed as a temporary parent governor unless that person has, in the opinion of those making the appointment, the skills required to contribute to the effective governance and success of the school.
.
4
In regulation 8 (temporary staff governors)—
a
in paragraph (1)—
i
omit sub-paragraph (a);
ii
in sub-paragraph (b), for “paid to work” to the end substitute “employed to work at the school under a contract of employment with either the governing body or the local authority”;
b
omit paragraphs (5) and (6).
5
In regulation 9 (temporary authority governors) , after paragraph (1), insert—
1A
No person may be appointed as a temporary authority governor unless that person, in the opinion of those making the appointment—
a
has the skills required to contribute to the effective governance and success of the school; and
b
has met any additional eligibility criteria set by those making the appointment.
.
6
Omit regulation 10 (temporary community governors) .
7
In regulation 11 (temporary foundation governors) , after paragraph (1), insert—
1A
No person may be appointed as a temporary foundation governor unless that person, in the opinion of those making the appointment—
a
is capable of achieving the purposes for which they would be appointed as a foundation governor; and
b
has the skills required to contribute to the effective governance and success of the school.
.
8
In regulation 12 (temporary partnership governors) , at the end, insert—
4
Paragraph (3)(d) does not apply in the case of a person who is employed by a local authority under a contract of employment providing for the person to work wholly at a school, or schools, maintained by the local authority.
5
No person may be nominated or appointed as a temporary partnership governor unless that person has, in the opinion of those making the nomination or appointment, the skills required to contribute to the effective governance and success of the school.
.
9
Omit regulation 13 (temporary sponsor governors).
10
In regulation 14 (temporary associate members), omit paragraph (6).
11
For Part 4 (composition of temporary governing bodies) substitute—
PART 4

Composition of Temporary Governing Bodies

Composition of temporary governing bodies
15
1
Subject to the following provisions of this regulation and to regulation 16, the size of the temporary governing body of a new school must be determined by the local authority.
2
The temporary governing body must include at least seven temporary governors.
3
The temporary governing body must include—
a
at least two temporary parent governors;
b
the head teacher, unless the head teacher resigns the office of governor in accordance with regulation 22;
c
one temporary staff governor; and
d
one temporary local authority governor.
4
The temporary governing body may, in addition, appoint as a temporary governor one or more persons who, in the opinion of the temporary governing body, have the skills required to contribute to the effective governance of the school.
5
In these Regulations, “temporary co-opted governor” means a person who is appointed under paragraph (4).
6
The total number of temporary co-opted governors within paragraph (7), when counted with the head teacher and the temporary staff governor, must not exceed one third of the total membership of the temporary governing body.
7
A temporary co-opted governor is within this paragraph if he or she is eligible to be elected as a temporary staff governor.

Additional requirements for new foundation and voluntary schools
16
1
The temporary governing body of a new foundation school or a new foundation special school which, in either case, does not have a foundation, must include at least two (but no more than one quarter of the total) temporary partnership governors.
2
The temporary governing body of a new foundation school or a new foundation special school which, in either case, has a foundation but which is not a new qualifying foundation school, must include at least two (but no more than 45% of the total) temporary foundation governors.
3
The temporary governing body of a new qualifying foundation school must include such number of temporary foundation governors as to outnumber all the other governors by one or two.
4
The temporary governing body of a new voluntary aided school must include such number of temporary foundation governors as to outnumber all the other governors by two.
5
The temporary governing body of a new voluntary controlled school must include at least two (but no more than one quarter of the total) temporary foundation governors.
.
12
In Part 5, in the heading, for “Tenure” substitute “Term”.
13
In regulation 22 (resignation), omit paragraph (2).
14
In regulation 24(1) (procedure for the removal of temporary governors by the temporary governing body)—
a
in sub-paragraph (b), omit from “, other than” to the end;
b
at the end of that sub-paragraph, insert “or”;
c
omit sub-paragraph (d) and the “or” before it.
15
For regulation 35 (chair and vice-chair of temporary governing body) substitute—

Chair and vice chair of temporary governing body
35
1
A temporary governing body must elect a chair and a vice-chair from among their number.
2
Prior to the election of the chair or vice-chair, the temporary governing body must determine the date on which the term of office of the chair or vice-chair will end.
3
A temporary governor who is employed at the school as a teacher or as any other member of the school’s staff is not eligible to be chair or vice-chair of the temporary governing body of that school.
4
The chair or vice-chair may at any time resign his or her office by giving notice in writing to the clerk to the temporary governing body.
5
The chair or vice-chair ceases to hold office if he or she—
a
ceases to be a member of the temporary governing body;
b
is employed at the school as a teacher or as another member of the school’s staff; or
c
is removed from office in accordance with regulation 37.
6
Where a vacancy arises in the office of the chair or vice-chair, the temporary governing body must elect one of their number to fill that vacancy at their next meeting.
7
Where the chair is absent from any meeting or there is at the time a vacancy in the office of the chair, the vice-chair is to act as chair.
.
16
In regulation 36 (delegation of functions to the chair and vice-chair in cases of urgency) —
a
at the end of paragraph (2)(b), insert “or”;
b
omit paragraph (2)(c).
17
In regulation 38 (clerk to the temporary governing body) , omit paragraph (4)(b).
18
In regulation 39 (functions of the clerk)—
a
omit paragraph (a);
b
in paragraph (b), after “meetings”, insert “of the temporary governing body”;
c
omit paragraphs (d) to (f).
19
In regulation 43 (proceedings of the temporary governing body)—
a
in paragraph (5), omit sub-paragraph (b) and the “and” immediately before it;
b
in paragraph (6)—
i
omit “or” at the end of sub-paragraph (b);
ii
insert “or” at the end of sub-paragraph (c);
iii
after sub-paragraph (c), insert—
d
any person not having received written notice of the meeting or a copy of the agenda for the meeting.
.
20
In regulation 47 (delegation of functions), for paragraphs (b) and (c) substitute—
b
any temporary governor other than a temporary governor who is the head teacher; or
c
where the function being delegated does not directly concern the head teacher, the head teacher whether or not that person is a temporary governor.
.
21
In regulation 48(4) (restrictions on delegation) , omit sub-paragraph (a).
22
In regulation 51 (meetings of committees), after paragraph (9), insert—
10
Notwithstanding the requirements of regulation 43 and paragraphs (4) and (5) of this regulation, the governing body may approve alternative arrangements for members of the temporary governing body, or its committees, to participate at meetings of the temporary governing body, or of its committees, including but not limited to, by telephone or video conference.
.
23
Omit Schedule 1 (appointment of temporary community governors at community special schools or foundation special schools) .
24
In Schedule 2 (qualifications and disqualifications) —
a
after paragraph 3, insert—

Failure to attend meetings
3A
1
A person is disqualified from continuing to hold office as a temporary governor of a new school if, without the consent of the temporary governing body, the person fails to attend their meetings for a continuous period of six months beginning with the date of a meeting the temporary governor fails to attend.
2
A temporary foundation governor, temporary authority governor, temporary co-opted governor or temporary partnership governor who is disqualified under sub-paragraph (1) is not qualified for election, nomination or appointment as a temporary governor of any category at that school for the period of twelve months beginning with the end of the period mentioned in that sub-paragraph.
3
This paragraph does not apply to a person who—
a
is a temporary governor by virtue of the office that they hold; or
b
is suspended under regulation 46.
;
b
omit paragraph 4 (mental disorder);
c
in paragraph 8 (persons whose employment is prohibited or restricted), after sub-paragraph (c), insert—
ca
subject to a direction of the Secretary of State under section 128 of the Education and Skills Act 2008;
.
25
In Schedule 3 (restrictions on persons taking part in proceedings of the temporary governing body or their committees), omit paragraph 2(1)(c) and the “or” immediately before it.

Amendment of the Collaboration Arrangements (Maintained Schools and Further Education Bodies) (England) Regulations 2007
4
1
The Collaboration Arrangements (Maintained Schools and Further Education Bodies) (England) Regulations 2007 are amended as follows.
2
In regulation 4 (establishment of joint committees)—
a
for paragraph (2) substitute—
2
The quorum for any meetings of a joint committee must be determined by the joint committee or the collaborating bodies, as determined by the collaborating bodies, and must not be fewer than three persons, each of whom is a member of the joint committee.
.
b
for regulation 4(3) substitute—
3
A chair of a joint committee must be appointed annually, and may, at any time, be removed, by the collaborating bodies or by the joint committee, as determined by the collaborating bodies.
.
3
In regulation 5 (clerks to joint committees)—
a
for paragraph (1) substitute—
1
A clerk (who must not be one of the head teachers) must be appointed and may at any time be removed by the collaborating bodies or by the joint committee, as determined by the collaborating governing bodies.
;
b
for paragraph (3)(c) substitute—
c
perform such other tasks with respect to that committee as may be determined from time to time by the joint committee or the collaborating bodies, as the collaborating bodies determine.
.
4
In regulation 6 (associate members)—
a
in paragraph (1), for “by a joint committee as a member of it” substitute “as a member of a joint committee by the collaborating bodies”;
b
in paragraph (2), for “joint committee” substitute “collaborating bodies”;
c
in paragraph (5), omit “Subject to paragraph (6)”;
d
omit paragraph (6);
e
in paragraph (7), for “A joint committee” substitute “The collaborating bodies”;
f
after paragraph (7), insert—
8
An associate member may not vote on any business transacted by any committee unless the associate member is aged over 18.
.
5
In regulation 8 (proceedings of joint committees), after paragraph (6), insert—
7
Notwithstanding the requirements of regulation 4(2) and paragraphs (4) and (5) of this regulation, a joint committee may approve alternative arrangements for committee members to participate or vote at meetings of the joint committee, including, but not limited to, by telephone or video conference.
.

Amendment of the School Staffing (England) Regulations 2009
5
1
The School Staffing (England) Regulations 2009 are amended as follows.
2
In regulation 4 (delegation of authority) —
a
after paragraph (2)(b), insert—
ba
a committee established by the governing body; or
;
b
after paragraph (4), insert—
5
Paragraph (2)(ba) does not authorise delegation to a committee that includes an associate member who is a pupil or a member of staff at the school.
.

Amendment of the School Governance (Transition from an Interim Executive Board (England) Regulations 2010
6
1
The School Governance (Transition from an Interim Executive Board) (England) Regulations 2010 are amended as follows.
2
In regulation 5 (shadow parent governor)—
a
the existing text becomes paragraph (1);
b
at the end, insert—
2
A local authority may only appoint as a shadow parent governor a person who has, in the opinion of the local authority, the skills required to contribute to the effective governance and success of the school.
.
3
In regulation 6 (shadow partnership governor)—
a
in paragraph (1)(b), omit from “, provided” to the end;
b
after paragraph (2), insert—
3
A local authority may only appoint as a shadow partnership governor a person who has, in the opinion of the local authority, the skills required to contribute to the effective governance and success of the school.
.
4
In regulation 7 (shadow staff governor)—
a
omit paragraphs (1)(b) and (2);
b
at the end, insert—
3
No person may be appointed as a shadow staff governor unless that person has, in the opinion of the local authority, the skills required to contribute to the effective governance and success of the school.
.
5
In regulation 8 (shadow local authority governor)—
a
the existing text becomes paragraph (1);
b
insert after that paragraph—
2
No person may be appointed as a shadow local authority governor unless that person, in the opinion of the local authority making the appointment—
a
has the skills required to contribute to the effective governance and success of the school; and
b
has met any additional eligibility criteria set by the local authority.
.
6
Omit regulation 9 (shadow community governor).
7
In regulation 10 (shadow foundation governor)—
a
the text in that regulation becomes paragraph (1);
b
after that paragraph, insert —
2
No person may be appointed as a shadow foundation governor unless that person has, in the opinion of the local authority, the skills required to contribute to the effective governance and success of the school.
.
8
In regulation 11 (arrangements for the establishment and removal of a shadow governing body), omit paragraph (7).
9
For Part 4 (composition of a shadow governing body) substitute—
PART 4

Composition of a Shadow Governing Body

Composition of shadow governing bodies
13
1
Subject to the following provisions of this regulation and to regulation 14, the size of the shadow governing body must be determined by the local authority.
2
The shadow governing body must include at least seven shadow governors.
3
The shadow governing body of a maintained school must include—
a
at least two shadow parent governors;
b
the head teacher, unless the head teacher resigns the position;
c
one shadow staff governor; and
d
one shadow local authority governor.
4
The shadow governing body may, in addition, appoint as a member of the shadow governing body one or more persons who, in the opinion of the shadow governing body, have the skills required to contribute to the effective governance and success of the school.
5
In this regulation, a person who is appointed under paragraph (4) is to be known as a “shadow co-opted governor”.
6
The total number of shadow co-opted governors within paragraph (7), when counted with the shadow staff governor and the head teacher, must not exceed one third of the total membership of the shadow governing body.
7
A shadow co-opted governor is within this paragraph if he or she is eligible to be elected as a shadow staff governor.

Additional requirements for foundation and voluntary schools
14
1
The shadow governing body of a foundation school or a foundation special school which, in either case, does not have a foundation, must include at least two (but no more than one quarter of the total) shadow partnership governors.
2
The shadow governing body of a foundation school or a foundation special school which, in either case, has a foundation but which is not a qualifying foundation school, must also include at least two (but no more than 45% of the total) shadow foundation governors.
3
The shadow governing body of a qualifying foundation school must include such number of shadow foundation governors as to outnumber all the other shadow governors by one or two.
4
The shadow governing body of a voluntary aided school must include such number of shadow foundation governors as to outnumber all the other shadow governors by two.
5
The shadow governing body of a voluntary controlled school must include at least two (but no more than one quarter of the total) shadow foundation governors.
.
10
After regulation 23 (functions of the clerk to the shadow governing body), insert—

Attendance and voting at meetings
23A
The shadow governing body may make arrangements for its members to participate or vote at meetings of the shadow governing body including, but not limited to, by telephone or video conference.
.

Amendment of the School Governance (Constitution) (England) Regulations 2012
7
1
The School Governance (Constitution) (England) Regulations 2012 are amended as follows.
2
In regulation 18 (term of office)—
a
in paragraph (1), for “(2)” substitute “(1A)”;
b
after paragraph (1), insert—
1A
A governor who is elected or appointed on or after 1st September 2015 may hold office for a period of less than four years, where the instrument of government so allows.
;
c
for paragraph (4) substitute—
4
The instrument of government may, in relation to a particular category of governor—
a
specify a term of office not being a period of less than one year or more than four years; or
b
set out that the term of office for any governor within that category may be determined by those appointing the governor, not being a period of less than one year or more than four years.
.
3
In regulation 28 (contents and form of instrument of government) after paragraph (1)(e), insert—
ea
whether the term of office for any governor of a particular category may be determined by those appointing that governor;
.
John Nash
Parliamentary Under Secretary of State
Department for Education
24th March 2015

EXPLANATORY NOTE
(This note is not part of the Regulations)
The School Governance (Constitution) (England) Regulations 2012 (“the 2012 Regulations”) set out the arrangements for the constitution of governing bodies of maintained schools in England. The School Governance (Roles, Procedures and Allowances) (England) Regulations 2013 (“the 2013 Regulations”) set out the procedures to be adopted by governing bodies of all such schools.
Regulations 2, 3, 4 and 6 of these Regulations amend, respectively, the School Governance (Collaboration) (England) Regulations 2003, the School Governance (New School) (England) Regulations 2007, the Collaboration Arrangements (Maintained Schools and Further Education Bodies) (England) Regulations 2007 and the School Governance (Transition from an Interim Executive Board) (England) Regulations 2010 in order to align the arrangements for the constitution and procedures of temporary governing bodies, shadow governing bodies and joint committees of governing bodies, with the arrangements for the constitution and procedures of governing bodies set out in the 2012 and 2013 Regulations.
Regulation 1 of these Regulations provides that temporary governing bodies and shadow governing bodies constituted before 1st September 2015 do not need to comply with the amendments in these Regulations which would otherwise have applied to them.
Regulation 5 amends regulation 4 of the School Staffing (England) Regulations 2009, in order to allow governing bodies to delegate certain functions in relation to members of their staff to committees (which can also include associate members).
Regulation 7 of these Regulations amends the 2012 Regulations. Regulation 18 of the 2012 Regulations provides that a governor holds office for a fixed period of four years. A governing body may, however, determine that a particular category of governor may hold office for a shorter period. These Regulations amend regulation 18 to allow governing bodies to decide whether individual governors within a particular category could also hold office for a shorter period, that period to be decided in individual cases by those making the appointment.
An Impact Assessment has not been produced for this instrument as no, or no significant, impact on the private or voluntary sectors is foreseen.
2002 c.32. Section 26 was amended by section 9(3)(a) of the Education (Wales) Measure 2011 (2011 no. 7). “Regulations” is defined in section 212(1).
2006 c.40. Section 166(6) defines “regulations” for the purposes of section 166. By virtue of section 187(2) and (3), “regulations” for the purposes of Schedule 6 is defined in section 579(1) of the Education Act 1996 (c.56).
S.I. 2007/958, amended by S.I. 2007/3464, 2009/1924, 2010/1172, 2012/1033, 2012/2404 and 2013/235. There are other amending instruments but none are relevant.
S.I. 2010/1918.
S.I. 2003/1962, amended by S.I. 2007/957 and 2013/1624.
Regulation 6 was amended by S.I. 2007/957 and 2013/1624.
Regulation 7 was amended by S.I. 2010/1172.
Regulation 9 was substituted by S.I. 2010/1172.
Regulation 10 was amended by S.I. 2010/1172.
Regulation 11 was amended by S.I. 2010/1172.
Regulation 12 was amended by S.I. 2010/1172.
Regulations 15 to 21 were amended by S.I. 2010/1172.
Regulation 36 was amended by S.I. 2007/3464.
Regulation 38 was amended by S.I. 2010/1172.
Regulation 48 was amended by S.I. 2010/1172 and 2012/1033.
Schedule 1 was amended by S.I. 2010/1172 and 2013/235.
Schedule 2 was amended by S.I. 2009/1924 and 2012/2404.
S.I. 2007/1321.
S.I. 2009/2680, amended by S.I. 2012/174. There are other amending instruments but none are relevant.
Regulation 4 was amended by S.I. 2012/174.
S.I. 2012/1034.