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United Kingdom Statutory Instruments |
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You are here: BAILII >> Databases >> United Kingdom Statutory Instruments >> The School Governance (Constitution) (England) Regulations 2007 No. 957 URL: http://www.bailii.org/uk/legis/num_reg/2007/20070957.html |
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Made | 22nd March 2007 | ||
Laid before Parliament | 4th April 2007 | ||
Coming into force | 25th May 2007 |
1. | Citation, commencement and application |
2. | Revocations and amendments |
3. | Interpretation |
4. | Parent governors |
5. | Staff governors |
6. | LEA governors |
7. | Community governors |
8. | Foundation governors |
9. | Partnership governors |
10. | Sponsor governors |
11. | Associate members |
12. | General Principles |
13. | Community schools, maintained nursery schools and community special schools |
14. | Foundation and foundation special schools which do not have a foundation |
15. | Foundation and foundation special schools which have a foundation but which are not qualifying foundation schools |
16. | Qualifying foundation schools |
17. | Voluntary controlled schools |
18. | Voluntary aided schools |
19. | Notification of appointments |
20. | Surplus governors |
21. | Qualifications and disqualifications |
22. | Term of Office |
23. | Resignation |
24. | Removal of LEA and foundation governors |
25. | Removal of community governors, partnership governors and sponsor governors |
26. | Removal of appointed parent governors |
27. | Procedure for removal of governors by the governing body |
28. | Interpretation of "appropriate diocesan authority" and "appropriate religious body" |
29. | Duty to have regard to guidance |
30. | Contents and form of instrument of government |
31. | Duty to make instrument of government and procedure for making the instrument |
32. | Review of instrument of government |
33. | Other requirements relating to instruments of government |
SCHEDULE 1— | Election and appointment of parent governors |
SCHEDULE 2— | Election of staff governors |
SCHEDULE 3— | Appointment of community governors at community special schools and foundation special schools |
SCHEDULE 4— | Appointment of partnership governors |
SCHEDULE 5— | Appointment of sponsor governors |
SCHEDULE 6— | Qualifications and disqualifications |
(2) Any reference in these Regulations to—
and is himself such a parent at the time when he is elected, or
(c) 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—
(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.
Staff governors
5.
—(1) In these Regulations "staff governor" means—
(2) At least one staff governor (in addition to the head teacher) must be a school teacher[8] unless no school teacher stands for election.
(3) Where the school's instrument of government[9] specifies 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) Upon ceasing to work at the school, a staff governor of a school is to be disqualified from continuing to hold office as such a governor.
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.
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—
(2) In the case of a community special school or a foundation special school the 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—
Foundation governors
8.
—(1) In these Regulations—
(2) Upon ceasing to hold the office from which his governorship derives, an ex officio foundation governor is disqualified from continuing to hold office as such a governor.
Partnership governors
9.
—(1) In these Regulations "partnership governor" means—
(2) A person is disqualified from nomination or appointment as a partnership governor of a school if he is—
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.
Associate members
11.
—(1) In these Regulations "associate member" means a person who is appointed by the governing body as a member of any committee established by them but who is not a governor.
(2) An associate member may hold office for a period of four years, or such shorter period (not being less than one year) as may be determined by the governing body at the date of his appointment.
(3) Nothing in this regulation prevents an associate member from being reappointed at the expiration of his term of office.
(4) Any person who is disqualified from holding office as a governor of a school under Schedule 6 is likewise disqualified from holding or continuing to hold office as an associate member of the governing body, save as provided in paragraph 1 of Schedule 6.
(3) Subject to regulations 13 to 18, the instrument of government is to specify the numbers of governors from each of the following categories of governor to be elected or appointed—
(4) In calculating the number of governors required in each category in accordance with regulations 13 to 18, the number is to be rounded up or down to the nearest whole number and regulations 13 to 18 are to be interpreted subject to this provision.
(5) In calculating the number of staff governors required, the head teacher must be included whether or not he has resigned his governorship.
Community schools, maintained nursery schools and community special schools
13.
—(1) The governing body of a community school, a maintained nursery school or a community special school[11] is to comprise the following:
(2) The governing body may in addition appoint up to two sponsor governors, or where the school is a secondary school[12], up to four sponsor governors.
Foundation and foundation special schools which do not have a foundation
14.
—(1) The governing body of a foundation school or a foundation special school[13] which, in either case, does not have a foundation, is to comprise the following:
(2) The governing body may in addition appoint up to two sponsor governors or, where the school is a secondary school, up to four sponsor governors.
Foundation and foundation special schools which have a foundation but which are not qualifying foundation schools
15.
—(1) The governing body of a foundation school or a foundation special school[14] which, in either case, has a foundation but which is not a qualifying foundation school, is to comprise the following:
(2) The governing body may in addition appoint up to two sponsor governors or, where the school is a secondary school, up to four sponsor governors.
Qualifying foundation schools
16.
—(1) The governing body of a qualifying foundation school is to comprise the following:
(2) In addition—
Voluntary controlled schools
17.
—(1) The governing body of a voluntary controlled school[15] is to comprise the following:
(2) The governing body may in addition appoint up to two sponsor governors or, where the school is a secondary school, up to four sponsor governors.
Voluntary aided schools
18.
—(1) The governing body of a voluntary aided school[16] is to comprise the following:
(2) In addition—
Notification of appointments
19.
Where any person makes an appointment or nominates a person to be appointed to the governing body, he must give written notice of the appointment or the nomination to the clerk to the governing body specifying the name and usual place of residence of the person appointed or nominated.
Surplus governors
20.
Where a maintained school has more governors of a particular category than are provided for by the instrument of government for the school, a governor of that category may serve out his term of office.
(6) This regulation does not prevent a governor from—
(7) In this regulation "the original governor" means the ex officio foundation governor in whose place the substitute governor is appointed to act.
Resignation
23.
—(1) A governor may at any time resign his office by giving written notice to the clerk to the governing body.
(2) The head teacher may withdraw his resignation at any time by giving written notice to the clerk to the governing body.
(3) An ex officio foundation governor may resign as governor either permanently or temporarily, but his resignation does not prejudice the ex officio governorship of his successor in the office from which the ex officio governorship derives.
Removal of LEA and foundation governors
24.
—(1) Any LEA governor or foundation governor may be removed from office by the person who appointed him, who must give written notice thereof to the clerk to the governing body and to the governor so removed.
(2) A person proposing the removal of an ex officio foundation governor must inform the clerk to the governing body and the governor in question in writing of the reasons why he is proposing his removal.
(3) The governing body may, in accordance with the procedure set out in regulation 27, remove any ex officio foundation governor at the request of the person named in the instrument of government as the person entitled to make such a request.
Removal of community governors, partnership governors and sponsor governors
25.
—(1) Any community governor, partnership governor or sponsor governor may be removed from office by the governing body in accordance with the procedure set out in regulation 27.
(2) A nominating body proposing the removal of such a governor must inform the clerk to the governing body and the governor in question in writing of the reasons why it is proposing his removal.
(3) The governing body may, in accordance with the procedure set out in regulation 27, remove any community governor appointed in accordance with Schedule 3, or any sponsor governor at the request of the nominating body.
(4) In this Part, "nominating body" means any person from whom nominations were sought for the purpose of appointing, and who nominated, the governor in question.
Removal of appointed parent governors
26.
Any parent governor appointed by the governing body under paragraphs 9 to 11 of Schedule 1 may be removed by the governing body in accordance with the procedure set out in regulation 27.
Procedure for removal of governors by the governing body
27.
—(1) This regulation applies in relation to the removal of a governor from office in accordance with regulation 24(3), 25 or 26.
(2) A resolution to remove a governor from office which is passed at a meeting of the governing body will not have effect unless—
Duty to have regard to guidance
29.
In respect of the making of instruments of government, the matters to be dealt with in such instruments, the form of such instruments, and the review and variation of such instruments, governing bodies and local education authorities must have regard to any guidance given from time to time by the Secretary of State.
Contents and form of instrument of government
30.
—(1) The instrument of government for a maintained school must set out—
(c) the name of the governing body of the school;
(d) the manner in which the governing body is to be constituted in accordance with Part 3 of these Regulations, specifying—
(e) where the term of office for a category of governor is to be less than four years, the length of that term of office;
(f) where the school has foundation governors—
(g) where the school has sponsor governors, the name of any sponsor who is entitled to nominate persons for appointment as such governors under Schedule 5;
(h) where the school is a maintained special school, the name of any body entitled to nominate a person for appointment as a community governor under Schedule 3;
(i) where the school is a foundation or a voluntary school designated under section 69(3) of SSFA 1998 as having a religious character, a description of the religious ethos of the school; and
(j) the date when the instrument of government takes effect.
(2) The manner in which the governing body is to be constituted, as set out in accordance with sub-paragraph (1)(d), must accord with the provisions of these Regulations as they apply to a school of the category to which the school belongs and, where appropriate, the nature of the school as specified in accordance with sub-paragraph (1)(b).
(3) Where the school has a foundation, the instrument of government must (subject to any statutory provision) comply with the foundation's governing documents, including any trust deed relating to the school.
Duty to make instrument of government and procedure for making the instrument
31.
—(1) The governing body must prepare a draft of the instrument of government and submit it to the local education authority which will make it in accordance with this regulation.
(2) Where the school has foundation governors, the governing body must not submit the draft to the local education authority unless it has been approved by—
(3) On receiving the draft, the local education authority must consider whether it complies with all applicable statutory provisions, and if—
the instrument of government must be made by them in the form of the draft or (as the case may be) in the form of the revised draft.
(4) If neither of sub-paragraphs (a) and (b) of paragraph (3) applies in the case of a school which does not have foundation governors, the local education authority must—
and the instrument of government must be made by them either in the form of a revised draft agreed between them and the governing body or (in the absence of such agreement) in such form as they think fit having regard, in particular, to the category of school to which the school belongs and, where the school has a foundation, to its relationship with its foundation as specified in accordance with regulation 30(1)(b).
Review of instrument of government
32.
—(1) The governing body or the local education authority may review the instrument of government at any time after it is made.
(2) Where, on any review, the governing body or the local education authority decides that the instrument of government should be varied, the governing body or (as the case may be) the local education authority must notify the other of their proposed variation together with their reasons for proposing such a variation.
(3) Where the governing body has received notification under paragraph (2), they must inform the local education authority as to whether or not they are content with the proposed variation and, if not content, their reasons.
(4) Where the school has foundation governors, the governing body must not give the local education authority—
unless the persons listed in regulation 31(2) have approved the proposed variation.
(5) If—
the instrument of government must be varied accordingly by the local education authority.
(6) If neither sub-paragraph (a) or (b) of paragraph (5) applies in the case of a school which does not have foundation governors, the local education authority must—
(b) give the governing body a reasonable opportunity to reach agreement with them with regard to the variation, and
the instrument of government must be varied by them either in the manner agreed between them and the governing body or (in the absence of such agreement) in such manner as they think fit, having regard, in particular, to the category of school to which the school belongs and, where appropriate, to the nature of the school as specified in accordance with regulation 30(1)(b).
(7) The requirement under regulation 31(3) for the local education authority to consider compliance with all applicable statutory provisions, applies in relation to a proposed variation of an instrument of government as it applies in relation to a draft of such an instrument.
(8) Where the instrument of government is varied under this regulation the instrument must set out the date on which the variation takes effect.
Other requirements relating to instruments of government
33.
—(1) The local education authority must ensure that the persons set out in paragraph (2) are provided (free of charge) with—
(2) The persons who are to be provided with the information referred to in paragraph (1) are—
Jim Knight
Minister of State Department for Education and Skills
22nd March 2007
2.
Where a local education authority is the appropriate authority in relation to a school, that authority may delegate to the head teacher of the school any of their functions under this Schedule.
3.
The local education authority may be the appropriate authority in relation to a school within paragraph 1(b) if the governing body and the local education authority so agree.
4.
Subject to paragraphs 5 to 8 the appropriate authority must make all the necessary arrangements for the election of parent governors.
5.
The power conferred by paragraph 4 does not include power to impose any requirements as to the minimum number of votes required to be cast for a candidate to be elected.
6.
Any election which is contested must be held by ballot.
7.
—(1) The arrangements made under paragraph 4 must provide for every person who is entitled to vote to have an opportunity to do so by post.
(2) For the purposes of sub-paragraph (1), "post" includes delivery by hand.
(3) The arrangements made under paragraph 4 may provide for every person who is entitled to vote to have an opportunity to do so by electronic means.
8.
Where a vacancy for a parent governor arises, the appropriate authority must take such steps as are reasonably practicable to secure that every person who is known to them to be a parent of a registered pupil at the school, and where the school is a maintained nursery school, a parent of a child for whom educational or other provision is made on the premises of the school (including any such provision made by the governing body under section 27 of EA 2002), is—
9.
The number of parent governors required must be made up by parent governors appointed by the governing body, if one or more vacancies for parent governors arises and either—
10.
—(1) Except where paragraph 11 applies, the governing body must appoint as a parent governor—
(2) The governing body may only appoint a person referred to in sub-paragraph (1)(b) or (c) if it is not reasonably practicable to appoint a person referred to in the sub-paragraph which immediately precedes it.
11.
—(1) Where the school is a community special school or a foundation special school, the governing body must appoint—
(2) The governing body may only appoint a person referred to in sub-paragraph (1)(b), (c) or (d) if it is not reasonably practicable to appoint a person referred to in the sub-paragraph which immediately precedes it.
5.
Any election which is contested must be held by ballot.
with which the school is most closely connected as the appropriate body.
(2) The governing body must invite the appropriate body to nominate a person to be appointed as one of the community governors in accordance with regulation 7(2).
(3) For the purposes of this paragraph—
3.
The governing body of a community special school or a foundation special school not established in a hospital must appoint as one of their community governors—
2.
Where a partnership governor is required in relation to a school which does not have a religious character, the governing body must seek nominations from parents of registered pupils at the school, and from such other persons in the community served by the school as they consider appropriate.
3.
No person may nominate for appointment, or appoint, a person as a partnership governor unless that person would be eligible for appointment by the governing body as a community governor.
4.
Subject to paragraph 5(2), no governor may nominate a person for appointment as a partnership governor.
5.
—(1) The governing body must appoint such number of partnership governors as is required by the instrument of government from among eligible nominees.
(2) If the number of eligible nominees is less than the number of vacancies, the number of partnership governors required may be made up by persons selected by the governing body.
6.
Where the governing body makes an appointment under paragraph 5(2), having rejected any person nominated under paragraphs 1 or 2, they must give written reasons for their decision to—
7.
The governing body must make all necessary arrangements for and determine all other matters relating to the nomination and appointment of partnership governors.
8.
For the purposes of this Schedule, "appropriate diocesan authority" and "appropriate religious body" have the meanings given by regulation 28.
(2) For the purposes of this paragraph, a person is connected with a person entitled to appoint foundation governors where—
2.
Where the school has one or more sponsors, the governing body may determine that the instrument of government will provide for the governing body to appoint such number of sponsor governors, not exceeding two or four, as the case may be, nominated in accordance with paragraph 3.
3.
The governing body must seek nominations for such appointments from the sponsor or (as the case may be) from one or more of the sponsors.
Disqualification of company directors
7.
A person is disqualified from holding, or from continuing to hold, office as a governor of a school at any time when he is subject to—
Disqualification of charity trustees
8.
A person is disqualified from holding or from continuing to hold office as a governor of a school if—
Persons whose employment is prohibited or restricted
9.
A person is disqualified from holding or from continuing to hold office as a governor of a school at any time when he is—
Criminal convictions
10.
—(1) Subject to sub-paragraph (6) below, a person is disqualified from holding, or continuing to hold, office as a governor of a school where any of sub-paragraphs (2) to (4) or (6) below apply to him.
(2) This sub-paragraph applies to a person if—
he has been convicted, whether in the United Kingdom or elsewhere, of any offence and has had passed on him a sentence of imprisonment (whether suspended or not) for a period of not less than three months without the option of a fine.
(3) This sub-paragraph applies to a person if within the period of 20 years ending with the date immediately preceding the date on which his appointment or election as governor would otherwise have taken effect or, as the case may be, on which he would otherwise have become a governor by virtue of his office, he has been convicted as aforesaid of any offence and has had passed on him a sentence of imprisonment for a period of not less than two and a half years.
(4) This sub-paragraph applies to a person if he has at any time been convicted as aforesaid of any offence and he has had passed on him a sentence of imprisonment for a period of not less than five years.
(5) For the purposes of sub-paragraphs (2) to (4) above, any conviction by or before a court outside the United Kingdom of an offence which, if the facts giving rise to the offence had taken place in any part of the United Kingdom, would not have constituted an offence under the law in force in that part of the United Kingdom must be disregarded.
(6) This sub-paragraph applies to a person if—
he has been convicted under section 547 of EA 1996[30] (nuisance or disturbance on school premises) or under section 85A of the Further and Higher Education Act 1992[31] (Nuisance or disturbance on educational premises) of an offence and has been sentenced to a fine.
Refusal to make an application for a criminal records certificate
11.
A person is disqualified from holding or continuing to hold office as a governor at any time when he refuses a request by the clerk to the governing body to make an application under section 113A of the Police Act 1997[32] for a criminal records certificate.
Notification to clerk
12.
Where, by virtue of any of paragraphs 6 to 10—
he must give notice of that fact to the clerk to the governing body.
[2] S.I. 2003/348, as amended by the School Governance (Constitution and Procedures) (England) (Amendment) Regulations 2003, the School Governance (Constitution, Procedures and New Schools) (England) (Amendment) Regulations 2004 and the School Governance (Constitution, Federations and New Schools) (England) (Amendment) Regulations 2005.back
[8] Within the meaning of section 122 of EA 2002.back
[9] Within the meaning of section 20 of EA 2002.back
[10] As designated by Order of the Secretary of State under section 69(3) of SSFA 1998.back
[11] Within the meaning of section 20 of and Schedule 2 to the SSFA 1998 and section 39(1) of the EA 2002.back
[12] Within the meaning of section 5(2) of EA 1996.back
[13] Within the meaning of section 20 of and Schedule 2 to SSFA 1998.back
[14] Within the meaning of section 20 of and Schedule 2 to SSFA 1998.back
[15] Within the meaning of section 20 of and Schedule 2 to SSFA 1998.back
[16] Within the meaning of section 20 of and Schedule 2 to SSFA 1998.back
[19] The Companies Act 1985 has been prospectively repealed and replaced by the Companies Act 2006.back
[22] S.I. 1989/2404 (N.I. 18). This has been prospectively repealed by the Companies Act 2006.back
[23] S.I. 2002/3150 (N.I. 4).back
[26] 1999 c.14; as amended by the Care Standards Act 2000 (2000 c.14).back
[30] As amended by SSFA 1998 and by section 206 of and Schedule 20 to EA 2002 and by section 6 of and Schedule 1 to the Education and Inspections Act 2006 (c.40).back
[31] 1992 c.13; inserted by section 206 of and Schedule 20 to EA 2002.back
[32] 1997 c.50; inserted by section 163 of the Serious Organised Crime and Police Act 2005 (2005 c.15).back