The New Maintained Schools (Wales) Regulations 2005

Application of the Government Regulations

21.—(1) Subject to paragraphs (2) to (4), the temporary governing body of a new school must be constituted in accordance with such of regulations 13 to 20 of the Government Regulations as are applicable, having regard to the category of school or proposed school, save that staff governors are required to be included on a temporary governing body of a new school only if the local education authority or promoters, as the case may be, have so determined under regulation 10(2)(a).

(2) Where such of regulations 13 to 20 of the Government Regulations as are applicable provide a discretion as to the number of governors of a particular category to be included on the governing body, the number of temporary governors of the corresponding category included on the temporary governing body must be the lower number permitted under those provisions.

(3) For the purposes of calculating the number of temporary foundation governors required at a voluntary aided school, it must be assumed that a head teacher has been appointed and is a member of the temporary governing body.

(4) For the purposes of the constitution of a temporary governing body, the Government Regulations apply subject to the general modifications and the following modifications—

(a) references to a school being established in a hospital (or not established in a hospital) include references to a school which it is proposed to establish in a hospital (or otherwise than in a hospital);

(b) the reference in regulation 15(5) of the Government Regulations to “matters in respect of which the school is specially organised” is treated as a reference to the matters in respect of it is proposed that the school will be specially organised;

(c) regulation 19(4) of the Government Regulations does not apply; and

(d) in relation to the constitution of the temporary governing body of a new school, the new school is treated as having as registered pupils the number of pupils determined from the proposals for the establishment of the school.