School Governance (Constitution) (England) Regulations 2003

JurisdictionUK Non-devolved
CitationSI 2003/348

2003 No. 348

EDUCATION, ENGLAND

School Governance (Constitution) (England) Regulations 2003

Made 18th February 2003

Laid before Parliament 27th February 2003

In exercise of the powers conferred on the Secretary of State by section 19(2) and (3), section 20(2) and (3), section 210(7), section 214(1) and (2)(b) of the Education Act 20021and all other powers enabling him in that behalf, the Secretary of State for Education and Skills hereby makes the following Regulations:

1 Introduction

PART 1

Introduction

S-1 Citation and commencement

Citation and commencement

1.—(1) These Regulations may be cited as the School Governance (Constitution) (England) Regulations 2003 and shall come into force on 20th March 2003, except for paragraph (2) of regulation 2, and regulation 34 and Schedule 7, which will come into force on 1st September 2003.

(2) These Regulations apply only in relation to England.

S-2 Revocations savings and amendments

Revocations savings and amendments

2.—(1) The Education (School Government) (Transition to New Framework) Regulations 19982are hereby revoked.

(2) Regulations 1 to 20 and regulation 58 of the Education (School Government) (England) Regulations 19993are revoked with effect from 1st September 2003, except for the following provisions which remain in force in respect of every maintained school until a new instrument of government is made for the school in accordance with regulation 33—

Regulation 1 except for the words “and new schools” in paragraph (3);

Regulation 2(1) except for the definitions of “the First Transitional Regulations”, “new school” “School Organisation Regulations”, “the Second Transitional Regulations” and “selection panel”;

Regulation 2(2) except for the definitions of “temporary governing body” and “temporary governors”;

Regulation 3 except for the words “or temporary governing body (however constituted)” and “or (as the case may be) new school”;

Regulation 4 except for the words in brackets, for which are substituted the words “in accordance with the 1998 Act”;

Regulation 5(1) (a) except for the words “or will maintain” and “or a new school”; and after the words “for which an instrument of government has been made” are added the words “in accordance with the 1998 Act”;

Regulation 5(2) (i) (iii) and (iv), except for the words “and (b)” and the words “or, in the case of a new school which has not opened, the diocesan authority which will be the appropriate diocesan authority when the school opens”;

Regulation 6(1) and Schedule 1;

Regulations 9 to 12 and Schedules 2 to 4;

Regulation 15 except for the words “Subject to Part VIII (transitional provisions), Schedule 5 sets”, for which are substituted “Paragraphs (12) to (16) of Schedule 5 to these Regulations and Schedule 6 of the School Government (Constitution) (England) Regulations 2003 set”, and paragraphs (12) to (16) of Schedule 5;

Regulations 16, except in paragraph (1) for the words “Part VIII (transitional provisions) and to”;

Regulations 17;

Regulation 18 except in paragraph (1) for the words “and to Part VIII (transitional provisions)”;

Regulations 19 and 20.

(3) Paragraph (1) of regulation 31 of the Education (New Schools) (England) Regulations 19994, is amended by substituting the words “Part 5 of the School Governance (Constitution) (England) Regulations 2003” for the words “Schedule 12 to the 1998 Act”.

S-3 Interpretation

Interpretation

3.—(1) In these Regulations—

the 1996 Act” means the Education Act 19965;

“the 1998 Act” means the School Standards and Framework Act 19986;

“the 2002 Act” means the Education Act 2002;

“parent” includes any individual who has or has had parental responsibility for, or cares, or has cared for, a child or young person under the age of 18.

(2) Any reference in these Regulations to—

(a)

(a) the governing body or to the governing body of a school is a reference to the governing body of any maintained school to which the provision applies;

(b)

(b) a governor is a reference to a member of a governing body of any school to which the provision applies;

(c)

(c) the local education authority is a reference to the local education authority that maintains the school.

2 Categories of Governor

PART 2

Categories of Governor

S-4 Parent governors

Parent governors

4.—(1) In these Regulations “parent governor” means—

(a)

(a) a person who is elected in accordance with paragraphs 4 to 8 of Schedule 1 as a governor by parents of registered pupils at the school and is himself such a parent at the time when he is elected, or

(b)

(b) a person appointed as a parent governor in accordance with paragraphs 9 to 11 of Schedule 1.

(2) A person is disqualified from election or appointment as a parent governor of a school if he is—

(a)

(a) an elected member of the local education authority; or

(b)

(b) paid to work at the school for more than 500 hours in any twelve month period commencing on 1st August and finishing on 31st July.

(3) A person is not disqualified from continuing to hold office as a parent governor when he ceases to be a parent of a registered pupil at the school or to fulfil any of the requirements set out in paragraphs 10 and 11 of Schedule 1 (as the case may be) unless he is otherwise disqualified under these Regulations.

S-5 Staff governors

Staff governors

5.—(1) In these Regulations “staff governor” means—

(a)

(a) the head teacher, who is a staff governor by virtue of his office unless he resigns the position in accordance with regulation 22(1);

(b)

(b) a person who is elected in accordance with Schedule 2 as a governor by persons who are paid to work at the school and is himself a person so working at the time when he is elected.

(2) At least one staff governor (in addition to the head teacher) must be a school teacher unless no school teacher stands for election.

(3) Where the school’s instrument of government7specifies that there shall be three or more staff governors, at least one staff governor must be a person who is not a school teacher, unless no such person stands for election.

(4) Prior to the coming into force of section 122 of the 2002 Act, when it shall be interpreted in accordance with that provision, “school teacher” means a teacher who is employed by—

(a)

(a) a local education authority, or

(b)

(b) the governing body,

in the provision of primary or secondary education.

(5) Upon ceasing to work at the school, a staff governor of a school will be disqualified from continuing to hold office as such a governor.

S-6 LEA governors

LEA governors

6.—(1) In these Regulations “LEA governor” means a person who is appointed as a governor by the local education authority.

(2) A person is disqualified from appointment as a LEA governor of a school if he is eligible to be a staff governor of the school.

S-7 Community governors

Community governors

7.—(1) In these Regulations “community governor” means a person who is appointed as a governor by the governing body and who is—

(a)

(a) a person who lives or works in the community served by the school, or

(b)

(b) a person who, in the opinion of the governing body, is committed to the good government and success of the school.

(2) In the case of a community special school or a foundation special school8the governing body must appoint as one of the community governors a person nominated in accordance with Schedule 3.

(3) A person is disqualified from appointment as a community governor of a school if he is—

(a)

(a) a registered pupil at the school;

(b)

(b) eligible to be a staff governor of the school; or

(c)

(c) an elected member of the local education authority.

S-8 Foundation governors

Foundation governors

8.—(1) In these Regulations—

“foundation governor” means a person who is appointed as a governor otherwise than by the local education authority and who—

(a) where the school has a particular religious character9, is appointed for the purpose of securing that that character is preserved and developed,

(b) where there is a trust relating to the school, is appointed for the purpose of securing that the school is conducted in accordance with that trust, or

(c) where the school does not have a religious character and there is no trust relating to it, is appointed as a foundation governor of the school;

“ex officio foundation governor” means a foundation governor who is the holder of an office by virtue of which he is entitled to be a foundation governor;

“substitute governor” means a foundation governor appointed to act in the place of an ex officio foundation governor who is unwilling or unable to act as a governor or has been removed from office under regulation 23(2).

(2) One fifth or more of the persons appointed to the governing body of a voluntary aided school as foundation governors must be persons who are eligible for election or appointment as parent governors.

(3) An ex officio foundation governor will, upon ceasing to hold the office from which his governorship derives, be disqualified from continuing to hold office as such a governor.

S-9 Partnership governors

Partnership governors

9.—(1) In these Regulations “partnership governor” means a person who is nominated as a partnership governor and appointed as such in accordance with Schedule 4.

(2) A person is disqualified from nomination or appointment as a partnership governor of a school if he is—

(a)

(a) a parent of a registered pupil at the school;

(b)

(b) a registered pupil at the school;

(c)

(c) eligible to be a staff governor of the school;

(d)

(d) an elected member of the local education authority; or

(e)

(e) employed by the local education authority in connection with its functions as a local education authority.

S-10 Sponsor governors

Sponsor governors

10. In these Regulations “sponsor governor” means a person who is nominated as a sponsor governor and is appointed as such by the governing body in accordance with Schedule 5.

S-11 Associate members

Associate members

11.—(1) In these Regulations “associate member” means a person who is appointed...

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