The School Governance (Miscellaneous Amendments) (England) Regulations 2015
| Jurisdiction | UK Non-devolved |
| Citation | SI 2015/883 |
| Year | 2015 |
2015No. 883
EDUCATION, ENGLAND
The School Governance (Miscellaneous Amendments) (England) Regulations 2015
24thMarch2015
26thMarch2015
1stSeptember2015
The Secretary of State for Education makes the following Regulations in exercise of the powers conferred by sections 19(3)(d) and (i) to (l), 20(2), 23(a) to (c), 26(b), 34(5)(b) and (e) and (6)(c), and 210(7) of the Education Act 2002( 1) and by sections 166(3)(a) to (c) and (e) to (g), and 181(2) of, and paragraph 19(2)(c) and (3) of Schedule 6 to, the Education and Inspections Act 2006( 2).
Citation, commencement and transitional provision
1.-(1) These Regulations may be cited as the School Governance (Miscellaneous Amendments) (England) Regulations 2015 and come into force on 1st September 2015.
(2) The amendments made by regulations 3 and 6 are of no effect in relation to a temporary governing body or shadow governing body constituted before 1st September 2015.
(3) In this regulation-
(a) "temporary governing body" has the meaning given in regulation 3(3)(b) of the School Governance (New Schools) (England) Regulations 2007 (interpretation)( 3);(b) "shadow governing body" has the meaning given in regulation 3 of the School Governance (Transition from an Interim Executive Board) (England) Regulations 2010 (interpretation)( 4).(4) For the purposes of this regulation, a temporary governing body or a shadow governing body is constituted immediately after its first meeting.
Amendment of the School Governance (Collaboration) (England) Regulations 2003
2.-(1) The School Governance (Collaboration) (England) Regulations 2003( 5) are amended as follows.
(2) In regulation 4 (establishment of joint committees)-
(a) for paragraph (2) substitute-"(2) The quorum for any meetings of the joint committee must be determined by the joint committee or the collaborating governing bodies, as determined by the collaborating governing bodies, and must not be fewer than three persons, each of whom is a member of the joint committee.";(b) for paragraph (3) substitute-"(3) A chair of a joint committee must be appointed annually, and may at any time be removed, by the collaborating governing bodies or by the joint committee, as determined by the collaborating governing bodies.".(3) In regulation 5 (clerks to joint committees)-
(a) for paragraph (1) substitute-"(1) A clerk (who must not be one of the head teachers) must be appointed, and may at any time be removed, by the collaborating governing bodies or by the joint committee, as determined by the collaborating governing bodies.";(b) for paragraph (3)(c) substitute-"(c) perform such other tasks with respect to that committee as may be determined from time to time by the joint committee or by the collaborating governing bodies, as the collaborating governing bodies determine.".(4) In regulation 6 (associate members)( 6)-
(a) in paragraph (1), for "by a joint committee as a member of it" substitute "as a member of a joint committee by the collaborating governing bodies";(b) in paragraph (2), for "joint committee" substitute "collaborating governing bodies";(c) in paragraph (5), for "paragraphs (6) and" substitute "paragraph";(d) omit paragraph (6);(e) in paragraph (7), for "he was aged 18" to the end substitute "the associate member is aged over 18";(f) in paragraph (8), for "A joint committee" substitute "The collaborating governing bodies".(5) In regulation 8 (proceedings of joint committees), after paragraph (6), insert-
"(7) Notwithstanding the requirements of regulation 4(2) and paragraphs (4) and (5) of this regulation, a joint committee may approve alternative arrangements for members of the joint committee to participate or vote at meetings of that committee, including, but not limited to, by telephone or video conference.".Amendment of the School Governance (New Schools) (England) Regulations 2007
3.-(1) The School Governance (New Schools) (England) Regulations 2007 are amended as follows.
(2) In regulation 3(1) (interpretation), after the definition of "school teacher", insert-
""temporary co-opted governor" has the meaning given in regulation 15(5);
"temporary governor" means a member of a temporary governing body".
(3) In regulation 7 (temporary parent governors)( 7), after paragraph (2), insert-
"(2A) No person may be appointed as a temporary parent governor unless that person has, in the opinion of those making the appointment, the skills required to contribute to the effective governance and success of the school.".(4) In regulation 8 (temporary staff governors)-
(a) in paragraph (1)-(i) omit sub-paragraph (a);(ii) in sub-paragraph (b), for "paid to work" to the end substitute "employed to work at the school under a contract of employment with either the governing body or the local authority";(b) omit paragraphs (5) and (6).(5) In regulation 9 (temporary authority governors)( 8), after paragraph (1), insert-
"(1A) No person may be appointed as a temporary authority governor unless that person, in the opinion of those making the appointment-(a) has the skills required to contribute to the effective governance and success of the school; and(b) has met any additional eligibility criteria set by those making the appointment.".(6) Omit regulation 10 (temporary community governors)( 9).
(7) In regulation 11 (temporary foundation governors)( 10), after paragraph (1), insert-
"(1A) No person may be appointed as a temporary foundation governor unless that person, in the opinion of those making the appointment-(a) is capable of achieving the purposes for which they would be appointed as a foundation governor; and(b) has the skills required to contribute to the effective governance and success of the school.".(8) In regulation 12 (temporary partnership governors)( 11), at the end, insert-
"(4) Paragraph (3)(d) does not apply in the case of a person who is employed by a local authority under a contract of employment providing for the person to work wholly at a school, or schools, maintained by the local authority.(5) No person may be nominated or appointed as a temporary partnership governor unless that person has, in the opinion of those making the nomination or appointment, the skills required to contribute to the effective governance and success of the school.".(9) Omit regulation 13 (temporary sponsor governors).
(10) In regulation 14 (temporary associate members), omit paragraph (6).
(11) For Part 4 (composition of temporary governing bodies)( 12) substitute-
"PART 4
Composition of Temporary Governing Bodies
Composition of temporary governing bodies
15.
-(1) Subject to the following provisions of this regulation and to regulation 16, the size of the temporary governing body of a new school must be determined by the local authority.(2) The temporary governing body must include at least seven temporary governors.(3) The temporary governing body must include-(a) at least two temporary parent governors;(b) the head teacher, unless the head teacher resigns the office of governor in accordance with regulation 22;(c) one temporary staff governor; and(d) one temporary local authority governor.(4) The...To continue reading
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