PART 7APPOINTMENT, FUNCTIONS AND REMOVAL OF OFFICERS

Appointment and removal of the clerk to the governing body50

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

The governing body must appoint a clerk to the governing body.

3

The clerk to the governing body must not be—

a

a governor;

b

a non-governor member of any committee of the governing body; or

c

the head teacher of the federation or of a federated school.

4

Notwithstanding paragraph (2), the governing body may, if the clerk fails to attend a meeting of theirs, appoint any one of their number (who is not the head teacher of the federation or of a federated school) to act as clerk for the purposes of that meeting.

5

The governing body may remove the clerk to the governing body from office.

6

If at any time no federated school has a delegated budget22, 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.