The Education (New Schools) (Wales) Regulations 1999

PART IV TEMPORARY GOVERNING BODIES: QUALIFICATIONS, TENURE OF OFFICE AND MISCELLANEOUS

Interpretation of Part IV

23.  In this Part, “new school” has the meaning in section 72(3) of the 1998 Act and, unless the contrary intention appears, shall not include any school or proposed school to which regulation 13 of the School Organisation Regulations or regulation 13 of the Second Transitional Regulations applies.

Qualifications and disqualifications

24.—(1) Schedule 6 to the Main School Government Regulations applies, with the modifications set out in paragraph (2), for the purpose of setting out the circumstances in which a person is qualified or disqualified for holding or continuing in office, or for being appointed or nominated as a temporary governor of a new school(1).

(2) For the purpose of paragraph (1), Schedule 6 to the Main School Government Regulations shall apply with the following modifications—

(a) there shall be inserted at the beginning—

• “This Schedule applies to new schools and temporary governing bodies to which regulation 24(1) of the Education (New Schools) (Wales) Regulations 1999 applies, and any reference in this Schedule to a temporary governor of a particular category is a reference to a governor of that category within the meaning of those regulations.”;

(b) there shall be substituted—

(i) for references to “school” or “maintained school”, “new school”;

(ii) for references to “governing body”, “governor” or “governorship”, “temporary governing body”, “temporary governor”, or “temporary governship”, as the case may be;

(iii) for references to a particular category of governor, references to a temporary governor of the corresponding category, within the meaning of Part III of these Regulations;

(iv) for paragraph 1(3)—

“(3) Subject to paragraphs 12 and 15, the fact that a person is qualified for appointment as a temporary governor of a particular category at a new school does not disqualify him for appointment or for continuing as a temporary governor of any other category at that school.”;

(v) for paragraph 14—

“14.   A person shall not be disqualified for continuing to hold office as a temporary parent governor when he ceases to be a parent of a child who is or is likely to become a registered pupil at the school or ceases to fulfil any of the requirements of regulation 12 of the Education (New Schools) (Wales) Regulations 1999.”;

(vi) for paragraph 16—

“16.   A temporary teacher governor or a temporary staff governor at a new school shall, upon ceasing to be employed at a maintained school, be disqualified for continuing to hold office as such a governor.”;

(c) paragraphs 3, 4 and 10(2) shall not apply;

(d) there shall be omitted the words “election or” and “or election” wherever they occur.

Resignation and removal

25.—(1) Any member of a temporary governing body, other than a head teacher, may at any time resign his office in the same way as a member of a permanent governing body under regulations 17 and 20 of the Main School Government Regulations.

(2) Any temporary governor of a school who was appointed otherwise than by being co-opted may be removed from office by the person or persons who appointed him.

(3) The power of removal in paragraph (2) does not apply in respect of a temporary partnership governor.

(4) Regulation 18(3) and (4) and regulation 19 of the Main School Government Regulations apply to the removal of—

(a) a temporary co-opted governor (including for the purposes of this paragraph a temporary teacher governor who has been co-opted), and

(b) a temporary co-opted governor referred to in regulation 18, 19 or 20,

as they apply to a co-opted governor or additional co-opted governor, as the case may be.

(5) Paragraphs (1) and (2) also apply to members of a transitional governing body referred to in regulation 13 of the Second Transitional Regulations and to members of a temporary governing body referred to in regulation 13 of the School Organisation Regulations except that in paragraph (1) the words “other than a head teacher” shall not apply.

First meeting

26.—(1) The first meeting of a temporary governing body(2) shall be called by their clerk.

(2) Where the clerk fails to call the first meeting within such period as the local education authority consider reasonable, the local education authority shall call it.

Expenses

27.  Where a temporary governing body are constituted for a new school, the local education authority shall be under the same duty to defray the expenses incurred in relation to the temporary governing body as they would be if the relevant proposals had been implemented and the temporary governing body were the governing body of the school.

Explanatory information

28.  A local education authority shall secure that the temporary governing body of a new school are, on being constituted, provided (free of charge) with such explanatory and other information as the authority consider is required to enable the temporary governing body to discharge their functions effectively.

Application of regulations 26, 27 and 28

29.  Regulations 26, 27 and 28 also apply to members of a transitional governing body referred to in regulation 13 of the Second Transitional Regulations and to members of a temporary governing body referred to in regulation 13 of the School Organisation Regulations.

(1)

See regulation 23. This regulation does not apply to transitional governing bodies referred to in regulation 13 of the Second Transitional Regulations or temporary governing bodies referred to in regulation 13 of the School Organisation Regulations. Disqualification requirements for members of such governing bodies follow the 1996 Act.

(2)

Provisions relating to meetings and proceedings of temporary governing bodies, and clerks to temporary governing bodies, are in the Main School Government Regulations.