The Education (School Government) (Wales) (Amendment) Regulations 2001

Explanatory Note

(This note is not part of the Regulations)

These Regulations come into force on 1 September 2001. They amend the Education (School Government) (Wales) Regulations 1999 which are referred to as “the principal regulations”. The effect of the amendments is explained below.

Regulation 5 provides for a foundation governor’s term of office to be 4 years where there is a lack of compliance with the notification provisions.

Regulation 7 amends principal regulation 19 to ensure that, where a governing body is considering the removal of an additional co-opted governor, the body which nominated that governor may itself make representations at the relevant meeting.

Regulation 9 amends principal regulations 29 and 30 by inserting references to section 18 of the School Standards and Framework Act 1998. This ensures that when the National Assembly for Wales nominates the chairman of the governing body in the case of a school requiring special measures, the governing body cannot remove the National Assembly’s nominee. Regulation 9 also amends principal regulation 31 by removing the chairman’s right to a casting vote during that part of any meeting of a governing body or temporary governing body at which the chairman of that body is to be elected.

Regulation 11 amends principal regulation 37 by rationalising the requirements for the quorum for governing body meetings. In particular, it ensures a two thirds quorum is necessary for delegation of a function by a governing body to a committee or an individual. Regulation 11 also extends the two thirds quorum provisions to ensure that they apply to removal of members of temporary governing bodies and to election of the chairman of a governing body and temporary governing body.

Regulation 12 amends principal regulation 38 to require a governing body’s decision to discontinue a school to be confirmed at a second meeting of that body held at least 28 days after the initial decision. It also prevents the proceedings of a governing body being invalidated by a defect in the appointment of the chairman or vice chairman.

Regulation 13 amends principal regulation 42 to prevent governing bodies from delegating decisions about membership of, or proceedings of, their committees. It provides that decisions on the appointment and dismissal of clerks to the governing body or to a committee of the governing body, and responsibilities for target setting, can be delegated to committees but not to individuals.

Regulation 14 amends principal regulation 46 to require procedure of a committee of the governing body to be determined by the governing body and to prevent a person who is not a member of the governing body from being a chairman of a committee of the governing body. Regulation 14 also amends principal regulations 47 and 49 to make it clear that the minimum requirements for the composition of staff dismissal committees, dismissal appeal committees and admission committees also operate as quorums for meetings of those committees.

Regulation 15 inserts new paragraphs (A1) and (A2) into principal regulation 56, allowing the head teacher of a school the right to attend any meeting of a committee of its governing body, except in the case of staff dismissal committees, dismissal appeal committees, pupil discipline committees or where a specific restriction to ensure fairness applies.

Regulation 16 amends Schedule 7 to the principal regulations. It extends the restriction preventing a person from attending a meeting of the governing body at which that person’s own appointment to or removal from certain offices is considered, to include appointment to or removal from office as vice chairman of the governing body or of a committee of the governing body. The restriction on voting in such meetings is similarly extended. Regulation 16 also makes it clear that a member of staff cannot be present at a meeting whilst the appointment of the successor to that member of staff is discussed, and cannot vote on that appointment.

Regulation 18 amends paragraph 4 of Schedule 6 to the principal regulations by extending to partnership governors the prohibition on reappointment following persistent failure to attend meetings.

Regulation 19 corrects some of the detailed transitional provisions contained in Schedule 8 to the principal regulations. Regulation 21 amends regulation 57 of the Education (Transition to New Framework) (New Schools, Groups and Miscellaneous) Regulations 1999 to ensure that the term of office of a governor appointed by the National Assembly for Wales in respect of a school requiring special measures is not subject to the usual maximum of 4 years.

Regulations 4(2)(a), 6(1), 6(2)(a), 10, 12(a), 15(b), 16(1)(a), 18(b) and 19(c) contain minor amendments, either clarifying the meaning of the principal regulations or consequential on amendments of substance contained in these amending Regulations.

Regulations 4(1), 4(2)(b), 4(3), 6(2)(b), 8, 9(1)(c), 9(2)(b), 13(a)(i) and (iii), 14(4), 16(1)(b), 17, 20 and 21(a) correct drafting errors.