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The Federation of Maintained Schools (Wales) Regulations 2014

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Appointment and removal of the clerk to the governing body

53.—(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, appoint any one of its 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 budget(1), 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.

(1)

See section 39(2) of the 2002 Act.

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