Parent Governor Representatives and Church Representatives (Wales) Regulations 2001
| Jurisdiction | UK Non-devolved |
| Citation | SI 2001/3711 |
| Year | 2001 |
2001 No. 3711 (W.307)
EDUCATION, WALES
The Parent Governor Representatives and Church Representatives (Wales) Regulations 2001
Made 15th November 2001
Coming into force 14th December 2001
The National Assembly for Wales makes the following Regulations in exercise of the powers conferred on it by sections 32, 105(2) and 106(1) & (2) of, and paragraphs 9(4), (5) and (6) of Schedule 1 to, the Local Government Act 20001, and in exercise of the powers conferred on the Secretary of State by sections 499 and 569(4) and (5) of the Education Act 19962and now vested in the National Assembly for Wales3:
Citation, commencement and application
1.—(1) These Regulations are called the Parent Governor Representatives and Church Representatives (Wales) Regulations 2001.
(2) They come into force on 14th December 2001.
(3) They apply only to Wales.
Interpretation
2. In these Regulations, unless the context otherwise requires:
“the 1998 Act” (“Deddf 1998”) means the School Standards and Framework Act 19984;
“the 1999 Regulations” (“Rheoliadau 1999”) means the Education (Parent Governor Representatives) (Wales) Regulations 19995
“the 2000 Act” (“Deddf 2000”) means the Local Government Act 2000;
“alternative arrangements” (“trefniadau amgen”) has the meaning given to it by section 32 of the 2000 Act;
“the date of the election” (“dyddiad yr etholiad”), in relation to an election in which votes can be cast on more than one date, means the last date on which votes can be cast or postal votes received;
“education overview and scrutiny committee” (“pwyllgor trosolygu a chraffu addysg”) means —
(a) an overview and scrutiny committee or sub-committee of a local education authority appointed under section 21 of the 2000 Act the functions of which relate wholly or partly to any education functions which are the responsibility of the authority’s executive; or
(b) a committee or sub-committee of a local education authority appointed in accordance with provision included in alternative arrangements by virtue of section 32(1)(b) of the 2000 Act (arrangements for the appointment of committees or sub-committees to review or scrutinise decisions made, or other action taken, in connection with the discharge of functions of the authority) the functions of which relate wholly or partly to any education functions which are the responsibility of the authority6;
“executive” (“gweithrediaeth”) has the meaning given to it by section 11 of the 2000 Act;
“executive arrangements” (“trefniadau gweithrediaeth”) has the meaning given to it by section 10 of the 2000 Act;
“local education authority” (“awdurdod addysg lleol”) means a local education authority in Wales;
“parent governor” (“rhiant-lywodraethwr”) means —
(a) a person who is —
(i) elected as a member of a school’s governing body by parents of registered pupils at the school; and
(ii) a parent of such a pupil at the time when he or she is elected; or
(b) a person who is appointed as a parent governor by the governing body in accordance with regulations under the 1998 Act7; or
(c) a person who continues as a parent governor for the purposes of the reconstitution of the governing body on transition to the new schools framework by virtue of regulations under Part II of the 1998 Act8;
“parent governor representative” (“cynrychiolydd rhiant-lywodraethwyr”) means a person elected in accordance with regulations 5 to 7 or treated in accordance with regulation 11 as so elected;
“school” (“ysgol”) has the meaning given to “maintained school” by section 20(7) of the 1998 Act;
“voting by category arrangements” (“trefniadau pleidleisio yn ôl categori”) means arrangements of a kind referred to in regulation 5(2).
Alternative arrangements
3.—(1) The provisions of these Regulations are specified as alternative arrangements for the purposes of Part II of the 2000 Act in addition to the alternative arrangements specified in the Local Authorities (Alternative Arrangements) (Wales) Regulations 20019.
(2) To the extent that any provision of those Regulations is inconsistent with any provision of these Regulations, the provision in these Regulations shall prevail.
Requirement for education overview and scrutiny committees to include parent governor representatives
4. Subject to regulation 13, a local education authority must appoint at least two but not more than five parent governor representatives, elected in accordance with regulation 5, to each of their education overview and scrutiny committees.
Election procedures and vacancies
5.—(1) Subject to these Regulations, a local education authority shall make all the necessary arrangements for, and determine all other matters relating to, the holding of an election of a parent governor representative, but nothing in this regulation shall prevent an authority from appointing another body to conduct or oversee that election.
(2) A local education authority may make arrangements dividing parent governor representatives into different categories representing either —
(a)
(a) a particular type of school or particular types of school, or
(b)
(b) schools in a particular geographical area,
and restricting the electorate for each such category to parent governors of the same type or types of school or parent governors of schools in that area.
(3) Where a vacancy for a parent governor representative is required to be filled by election the local education authority shall announce that vacancy within three months of the vacancy occurring and at the time of that announcement shall —
(a)
(a) appoint a returning officer who shall ensure that so far as possible the election is conducted fairly; and
(b)
(b) take such steps as are reasonably practicable to ensure that every person who is known to them to be eligible to vote in the election of a parent governor representative (in accordance with regulation 6) is —
(i) informed of the vacancy and that it is required to be filled by election;
(ii) informed that he or she is entitled to vote at the election and is given an explanation of the voting procedures in regulation 6(2) to 6(6) (as applicable);
(iii) informed of the details of the electoral timetable and procedures;
(iv) informed of the qualifications which a person requires (under regulation 7) in order to be elected as a parent governor representative, and of the term of office of a parent governor representative (under regulation 9); and
(v) provided with a description of the role of a parent governor representative.
(4) Any election of a parent governor representative which is contested must be held by secret ballot.
(5) No ballot paper in such an election shall contain any indication of an affiliation with a political party.
(6) Where a vacancy for a parent governor representative arises, the local education authority shall —
(a)
(a) determine, for the purposes of the election, any question as to a person’s entitlement to vote or eligibility to stand for election;
(b)
(b) provide for every person who is eligible to vote in the election to have an opportunity to do so by post;
(c)
(c) secure that the results of the election are announced not more than one week after the date of the election.
(7) Subject to paragraph (8), where there is a vacancy for a parent governor representative, the local education authority must ensure that an election is held in time to fill the vacancy not later than six months after the date on which the vacancy occurred.
(8) Where a vacancy for a parent governor representative is unfilled because no, or not enough, candidates seek election, the local education authority must comply with the requirements of this regulation again within one year of the original vacancy having arisen and at six monthly intervals thereafter, calculated from the first anniversary of the original vacancy having arisen, until the vacancy is filled.
(9) Nothing in these Regulations shall require a ballot to be held if the number of vacancies to be filled is equal to or exceeds the number of candidates for election.
Eligibility to vote in elections and voting requirements
6.—(1) Subject to paragraphs (2) and (3), a person shall be eligible to vote in the election of a parent governor representative if that person is at the date of the election a parent governor of one or more schools maintained by the local education authority holding the election.
(2) Where, under voting by category arrangements, voting for a particular category of parent governor representative is restricted to parent governors of a particular type or particular types of school maintained by the authority, a person shall only be eligible to vote in the election of such a category of parent governor representative if at the date of the election he or she is a parent governor of one or more schools of that type or those types maintained by the authority.
(3) Where, under such arrangements, voting for a particular category of parent governor representative is restricted to parent governors of schools maintained by the authority in a particular geographical area, a person shall only be eligible to vote in the election of such a category of parent governor representative if at the date of the election he or she is a parent governor of one or more schools in that geographical area maintained by the authority.
(4) Where the authority have not made voting by category arrangements, a person who, at the date of the...
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