The Education (Transition to New Framework) (New Schools, Groups and Miscellaneous) Regulations 1999

• (ii) Where the governing body of more than one school in the group is not constituted under the instrument of government before the appointed day, the number specified is the number of governors that would be required to be appointed by the local education authority by sub-paragraph (i) above if the school requiring the smallest number of LEA governors were the only school in the group for which the governing body was not constituted under the instrument of government before the appointed day.

• (b) The relevant provisions shall have effect as if, subject to any appointments required by sub-paragraph (a), they provided that no new appointments shall be made of governors under those provisions.

• (5) Members of the grouped transitional governing body shall continue in office, even if the term of office for which they were originally appointed has expired.

• (6) For the purposes of this Part the grouped governing body as constituted under this regulation from the appointed day shall be referred to as the grouped transitional governing body.

• (7) The grouped transitional governing body—

• (a) shall continue in existence as a body corporate; and

• (b) shall so continue in existence as if, in relation to each grouped school, from the appointed day until the constitution of the governing body under the instrument of government or the discontinuance of the school if earlier, it were the governing body incorporated under section 36(1) of the 1998 Act, except that—

• (i) subject to these Regulations,provisions made by or under the 1998 Act relating to instruments of government, composition of governing bodies and disqualification of governors, and paragraphs 2(1) and 4 of Schedule 10 to the 1998 Act, shall not apply to the grouped transitional governing body; and

• (ii) for the purposes of their meetings and proceedings, the grouped transitional governing body may treat one or more grouped schools (for which no governing body has been constituted under an instrument of government) as a single school.

Dissolution of grouped governing body or grouped transitional governing body

50

• (1) The grouped governing body shall notify the Secretary of State and the local education authority when—

• (a) they have fulfilled all their obligations under this Part;

• (b) any transfers required by regulations 54 and 55 have been completed; and

• (c) they no longer conduct any, grouped school, employ any staff at such a school, have any legal proceedings or applications pending by or against them, or have any property, rights or liabilities.

• (2) The grouped governing body are dissolved by virtue of this regulation—

• (a) on the date 3 months after the notification referred to in paragraph (1) is received by the Secretary of State; or

• (b) if, prior to the date referred to in sub-paragraph (a), the Secretary of State has informed the grouped governing body that he is not satisfied as to any of the matters set out in the notification, such later date as may be specified in a written notice from the Secretary of State to the grouped governing body.

• (3) References in this regulation to the grouped governing body include a grouped transitional governing body.

Elections

51

Regulation 19 applies in relation to the election of governors referred to in regulation 47(3) but in that regulation for this purpose—

• (a) paragraph (1) shall be omitted;

• (b) there shall be substituted for paragraph (2);

(2) Subject to paragraph (4), in this regulation, “appropriate authority” means (a) in relation to a grouped school which will be or is from the appointed day a community, community special or voluntary controlled school, the local education authority; and (b) in relation to a grouped school which will be or is from the appointed day a voluntary aided, foundation or foundation special school, the grouped governing body before the appointed day and the grouped transitional governing body on and after that day.

• (c) In paragraph (4), for “the temporary governing body or the transitional governing body” there shall be substituted “the grouped governing body or the grouped transitional governing body”.

• (d) there shall be substituted for paragraph (11)—

(11) Where a local education authority are the appropriate authority that authority shall exercise their functions under this regulation in a manner calculated to enable the grouped governing body or the grouped transitional governing body, as the case may be, to fulfil their respective duties under regulation 47(3).

Tenure of office

52

Regulation 20 shall apply, except that for each reference to a new LEA maintained school there shall be substituted a reference to a grouped school.

Qualifications and disqualifications

53

Schedule 6 sets out the circumstances in which a person is qualified or disqualified for holding or continuing in office, or for being elected, appointed or nominated, as a governor of a grouped school required by an instrument of government or treated as if provided for by such an instrument of government by virtue of regulation 57.

Transfer of property

54

• (1) Subject to paragraphs (2), (4) and (5), in the case of each grouped school, on the transfer date—

• (a) all land or other property which, immediately before the transfer date, was property of the grouped governing body held or used for the purposes of the school; and

• (b) all rights and liabilities of the grouped governing body subsisting immediately before that date which were acquired or incurred for those purposes,

shall be transferred to and, by virtue of this regulation, vest in either—

• (i) the governing body of the school constituted under the instrument of government, in the case of a grouped school which on or after the appointed day becomes a foundation or voluntary aided school, or

• (ii) the local education authority, in the case of a grouped school which on or after the appointed day becomes a community, community special or voluntary controlled school.

• (2) Subject to paragraph (5), on the first transfer date, any property, rights and liabilities of a grouped governing body held or used or subsisting for the purposes of more than one school in the group shall, where the nature of the property, right or liability permits, be divided or apportioned between the schools, in such proportions as may be appropriate.

• (3) Where any estate or interest in land falls to be divided in accordance with paragraph (2)—

• (a) any rent payable under a lease in respect of that estate or interest; and

• (b) any rent charged on that estate or interest;

shall be correspondingly divided or apportioned so that each part is payable in respect of, or charged on, only one part of the estate or interest and the other part or parts are payable in respect of, or charged on, only the other part or parts of the estate or interest.

• (4) Subject to paragraph (5), any such property, right or liability as is mentioned in paragraph (2), the nature of which does not permit its division or apportionment as so mentioned, shall be transferred either to the governing body of any one or other of the schools in the group which on or after the appointed day becomes a foundation or voluntary aided school or to the local education authority in the case of any school in the group which on or after the appointed day becomes a community, community special or voluntary controlled school, according to—

• (a) in the case of an estate or interest in land, whether on the first transfer date one or other of the schools appears to be in greater need of the security afforded by that estate or interest or, where none of them appears to be in greater need of that security, which of them appears on that date to be likely to make use of the land to the greater extent; or

• (b) in the case of any other property or any right or liability, which of them appears on the first transfer date to be likely to make use of the property or (as the case may be) to be affected by the right or liability to the greater extent;

subject (in either case) to such arrangements for the protection of the other school or schools concerned as may be appropriate.

• (5) Paragraphs (1), (2) and (4) shall not apply to—

• (a) rights and liabilities under any contract of employment; or

• (b) any land or other property vested in the grouped governing body as trustees.

• (6)

• (a) Section 198(3) of and paragraphs 2 to 10 of Schedule 10 to the Education Reform Act 1988 (which make further provision in relation to transfers of property, rights and liabilities) shall apply to transfers under this regulation with the following modifications.

• (b) Paragraph 2(1) of Schedule 10 shall apply subject to—

• (i) the reference to “paragraph 1(4) above” shall be treated as a reference to “paragraph (4) of regulation 54 of the Education (Transition to New Framework) (New Schools, Groups and Miscellaneous) Regulations 1999”;

• (ii) in sub-paragraph 1(a) the substitution of “other school or schools concerned” for “transferor”; and

• (iii) in sub-paragraph 1(b) the substitution of “other school or schools concerned” for “transferor” in the last place where that word occurs.

• (c) References in section 198(3) and in the said paragraphs of Schedule 10, as they apply for the purposes of this regulation, to the transfer date are to the transfer date as it is defined for the purposes of this regulation.

• (7)

• (a) In this regulation, “first transfer date” means the transfer date of the first school in the group to have a governing body constituted under the instrument of government and “transfer date”, in relation to a grouped school, means the appointed day or the day after the actual incorporation date, if different.

• (b) References in this regulation to the grouped governing body include a grouped transitional governing body.

• (c) References in this regulation to a school or schools in the group shall include a school or schools which were in the group immediately before the first transfer date.

Transfer of staff

55

• (1) Subject to paragraph (2), this regulation shall apply to any person who immediately before the transfer date is employed by the grouped governing body of—

• (a) a grouped school which is an aided school, (or which, immediately prior to the appointed day, was an aided school); or

• (b) a grouped school which is a grant-maintained school (or which, immediately prior to the appointed day, was a grant-maintained school).

• (2) This regulation shall not apply to any person whose contract of employment terminates on the day immediately preceding the transfer date.

• (3) A person who before the transfer date in relation to a grouped school within paragraph (1)(a) or (b) has been appointed by the grouped governing body of that school to work at the school as from the transfer date shall be treated for the purposes of this regulation as if he had been employed by the grouped governing body immediately before that day to do such work at the school as he would have been required to do on or after that day under his contract of employment with the grouped governing body.

• (4) The contract of employment between a person to whom this regulation applies and his former employer shall have effect from the transfer date as if originally made between him and his new employer.

• (5) Without prejudice to paragraph (4)—

• (a) all the former employer’s rights, powers, duties and liabilities under or in connection with the contract of employment shall by virtue of this regulation be transferred to the new employer on the transfer date; and

• (b) anything done before that date by or in relation to the former employer in respect of that contract or the employee shall be deemed from that day to have been done by or in relation to the new employer.

• (6) Paragraphs (4) and (5) are without prejudice to any right of an employee to terminate his contract of employment if a substantial change is made to his detriment in his working conditions, but no such right shall arise by reason only of the change in employer effected by this regulation.

• (7) In this regulation—

• “aided school” has the meaning in the 1996 Act;

• “first transfer date” means the transfer date of the first school in the group to have a governing body constituted under the instrument of government;

• “the former employer” means the grouped governing body;

• “the new employer”— in the case of a person who, immediately before the transfer date in relation to a school within paragraph (1)(a) above, was employed by the grouped governing body to work solely at that school, means the governing body of that school constituted under the instrument of government; in the case of a person who, immediately before the first transfer date in relation to a school within paragraph 1(a) above, was employed by the grouped governing body to work at more than one school in the group, shall be determined by the grouped governing body before the first transfer date and shall be either the governing body of one of the grouped schools constituted under an instrument of, subject to paragraph (9), government or the local education authority, provided that the authority has given its prior consent to becoming the employer; in the case of a person who, immediately before the transfer date in relation to a school within paragraph (1)(b) above, was employed by the grouped governing body to work solely at that school means; where on the appointed day the school becomes a foundation or voluntary aided school, the governing body of that school constituted under the instrument of government; and where on the appointed day the school becomes a community or voluntary controlled school, the local education authority; and in the case of a person who, immediately before the first transfer date in relation to a school within paragraph (1)(b) above, was employed by the grouped governing body to work at more than one school in the group, shall be determined by the grouped governing body before the first transfer date and shall be either; the governing body constituted under an instrument of government of one of the grouped schools, which on the appointed day becomes a foundation or voluntary aided school, or the local education authority, in the case of a grouped school which on the appointed day becomes a voluntary controlled or community school or (provided that the authority has given its prior consent to becoming the employer and subject to paragraph (9)) in the case of a grouped school which on the appointed day becomes a foundation or voluntary aided school; and

• “transfer date” in relation to a grouped school means the appointed day or the day after the actual incorporation date, if different.

• (8) References in this regulation to the grouped governing body include a grouped transitional governing body.

• (9) A local education authority may only become th new empolyer of a person employed to work at a foundation or voluntary aided school under this regulation where that person is employed to work in a non-teaching post.

Modification of section 73 of the 1998 Act

56

Section 73 of the 1998 Act shall not apply to the transfers of staff from a grouped governing body.

PART V — ADDITIONAL GOVERNORS AT SCHOOLS CAUSING CONCERN

Additional governors continuing in office

57

• (1) This regulation applies to any person who is at midnight on 31st August 1999—

• (a) an additional governor, or an additional foundation governor, appointed under section 27 of the School Inspections Act 1996¹⁹;

• (b) an additional governor, or an additional foundation governor, appointed under section 16 of the 1998 Act; or

• (c) an additional governor appointed by the Secretary of State under section 18 of the 1998 Act,

of a current or grouped school to which this Part applies.

• (2) In this regulation, “current school” means a county, voluntary or maintained special school, other than a school falling within regulation 1(2) or (4).

• (3) Any governor to whom this regulation applies shall continue in office from the appointed day, subject to any provisions applying in relation to disqualification or term of office.

• (4) The instrument of government for the school shall have effect as if (despite anything in Part II of Schedule 9 to the 1998 Act) it provided for any governor who continues in office by virtue of this regulation to be a member of the governing body.

• (5) Where—

• (a) in the case of a current school, the instrument of government is not made before the appointed day; or

• (b) in the case of a grouped school, the governing body are not constituted under the instrument of government before the appointed day;

the transitional governing body (within the meaning in the First Transitional Regulations), or the grouped transitional governing body, as the case may be, shall include any governor to whom this regulation applies.

• (6) A governor referred to in paragraph (5) shall continue in office until the governing body are constituted under the instrument of government, even if the term for which he was originally appointed has expired, but shall continue as a member of the governing body constituted under the instrument of government if the term for which he was originally appointed has expired.

• (7) Subject to paragraph (6), any governor to whom this regulation applies who was appointed to hold office for a fixed term shall hold office for the remainder of the term for which he was appointed, but for no longer than 4 years from the appointed day.

• (8) Regulation 23 of the First Transitional Regulations shall be amended by the addition of the following words at the end:

or treated as if provided for by such an instrument of government by virtue of regulation 57(4) of the Education (Transition to New Framework) (New Schools, Groups and Miscellaneous) Regulations 1999.

Additional governors at new or grouped GM schools ceasing to hold office

58

• (1) This regulation applies to any member of a GM governing body or a grouped governing body, who is at midnight on 31st August 1999, at a school to which this Part applies, an additional governor or an additional first, foundation or core governor appointed under any provision in an instrument of government (within the terms of the 1996 Act) required by:

• (a) section 230 of the 1996 Act; or

• (b) section 287 of the 1996 Act.

• (2) Any governor to whom this regulation applies shall cease to hold office at midnight on 31st August 1999.

• (3) Paragraph (2) shall not disqualify a person for election or appointment as a governor of the school in question from midnight on 31st August 1999.

Additional governors at other GM schools ceasing to hold office

59

Regulation 12(3) of the First Transitional Regulations shall be amended by the addition of “or” before sub-paragraph (b) and the omission of “or” before sub-paragraph (c) and of sub-paragraph (c).

PART VI

Governors as trustees

60

Where, on the appointed day—

• (a) a grant-maintained school becomes a voluntary or foundation school; or

• (b) a grant-maintained special school becomes a foundation special school,

any land or other property used or held for the purposes of the school and which vested in the first governors of the grant-maintained school or the grant-maintained special school (as the case may be) as trustees by virtue of section 201(4) of the 1996 Act shall on that day be transferred to, and by virtue of this regulation vest in, the governing body of the school on the trusts applicable immediately before that date under any trust deed regulating the use of that land or other property for the purposes of the school.

PART VII

Miscellaneous Amendments to the First Transitional Regulations

61

• (1) The First Transitional Regulations²⁰ shall be amended as follows—

• (2) In regulation 2(1), after the definition of “current school”, there shall be inserted the following definition—

• “employee of the local education authority” means a person employed by the local education authority in connection with their functions as a local education authority;

• (3) In regulation 2(1), after the definition of “instrument of government”, there shall be inserted the following definition—

• “representative governor” means a representative governor required by virtue of paragraph 10 of Schedule 9 to the 1998 Act;

• (4) In regulation 6, there shall be inserted—

• (a) after paragraph (2) the following paragraph—

(2A) In relation to a school which will be a community special school not established in a hospital, paragraph 10 of Schedule 9 to the 1998 Act shall apply as if there were substituted for sub-paragraph (6)(a) the following— (a) if a voluntary organisation is designated by the local education authority, in relation to the school which will be a community special school, as the appropriate voluntary organisation concerned with matters in respect of which the community special school will be specially organised, a representative governor shall be appointed by that organisation;

; and

• (b) after paragraph (5) the following paragraph—

(5A) References in paragraph 3 of Schedule 12 to the 1998 Act to the “category of school to which the school belongs” shall be treated as references to the category of school to which the school will belong when it is a maintained school.

• (5) In regulation 7(3)(a), there shall be substituted for “dates” the word “date”.

• (6) In regulation 10 there shall be added the following paragraphs—

(2) It shall be a sufficient compliance with paragraph (1) if the instrument of government is in a form substantially to the like effect to the relevant form set out in Schedule 2. (3) The current governing body or the transitional governing body, as the case may be, shall not delegate any decision relating to the contents or preparation of the instrument of government, or the appointment of governors required by the instrument of government.

• (7) In regulation 12(2), there shall be substituted for “the appointed day”, the words “midnight on 31st August 1999”.

• (8) For regulation 14(5)(a), there shall be substituted—

(a) The governors who are to cease to hold office under paragraph (4) shall be determined on the basis of seniority, the governor whose current period of continuous service (whether as a governor of one or more than one category) is the shortest being the first to cease to hold office.

• (9) In regulation 19, there shall be substituted in paragraph (1) for “(4)”, “(4A)” and there shall be inserted after paragraph (4) the following paragraph—

(4A) Members of the transitional governing body shall continue in office pending reconstitution of the governing body under the instrument of government, even if the term of office for which they were originally appointed has expired.

• (10) In regulation 20, there shall be inserted after paragraph (5) the following paragraph—

(5A) In regulation 13, there shall be inserted after paragraph (9) the following paragraph— (9A) No member of a transitional governing body shall continue in office under this regulation if the term for which he was originally appointed has expired.

• (11) In regulation 20(6), after “power”, there shall be inserted “in the first place where that word occurs,”.

• (12) In paragraph 1(b) of Schedule 1, there shall be inserted before “financial”, the word “substantial” and after “benefits in kind”, the words “other than the provision of services”.

• (13) In paragraph 1(b) of Schedule 5, the words “where appointments are made” shall be omitted in both places where those words occur.

• (14) In paragraph 3(4) and (6) of Schedule 6, for the word “paragraph”, in each place where that word occurs, there shall be substituted the word “sub-paragraph”.

SCHEDULE 1 — ADDITIONAL CO-OPTED GOVERNORS

1

In this Schedule:

• (a) the “governing body” without more means—

• (i) for the purposes of Part II of these Regulations, the temporary governing body or the transitional governing body as the case may be, according to whether the instrument of government is made before the appointed day or on or after that day;

• (ii) for the purposes of Part III, the GM governing body;

• (iii) for the purposes of Part IV, the grouped governing body or the grouped transitional governing body as the case may be, according to whether the instrument of government is made before the appointed day or on or after that day;

• (b) “school” means the new LEA maintained school, the new GM school or the grouped school, as the case may be;

• (c) “sponsor” means a person who gives, or has given, substantial financial assistance (which for these purposes includes benefits in kind other than the provision of services) to a school other than pursuant to any statutory obligation.

2

Where the school has one or more sponsors, the governing body may determine that the instrument of government shall provide for the governing body of the maintained school to include such number of additional co-opted governors, nominated in accordance with paragraph 3, as may be determined by the governing body, not exceeding two.

3

Nominations for such appointments shall be sought from the school’s sponsor, or (as the case may be) from any one or more of the school’s sponsors.

4

Where the school is a participating school in relation to an education action zone, the governing body may determine that the instrument of government shall provide for the governing body of the maintained school to include one additional co-opted governor nominated by the Education Action Forum for the zone in relation to which the school is a participating school.

SCHEDULE 2 — INSTRUMENT OF GOVERNMENT PRO-FORMAS

SCHEDULE 3 — CO-OPTED GOVERNORS

1

In this Schedule:

• (a) “the governing body”, without more, means—

• (i) for the purposes of Part II, the temporary governing body where appointments are made before the appointed day and the transitional governing body where appointments are made on or after that day;

• (ii) for the purposes of Part III, the GM governing body where appointments are made before the appointed day and the GM transitional governing body where appointments are made on or after that day;

• (iii) for the purposes of Part IV, the grouped governing body where appointments are made before the appointed day and the grouped transitional governing body where appointments are made on or after that day;

• (b) “the relevant governors” means the members of the governing body who were not themselves appointed as co-opted governors or temporary co-opted governors;

• (c) “the local community” includes the local business community.

2

In appointing a person to be a co-opted governor, the relevant governors—

• (a) shall have regard to the extent to which the governing body of the maintained school will include members of the local community;

• (b) shall have regard to any representations made to the governing body as to the desirability of increasing the connection between the governing body of the maintained school and the local community; and

• (c) where it appears to them that no member of the governing body of the maintained school will otherwise be a member of the local community or that it is desirable to increase the number of governors who will be members of the local community, shall co-opt a person who appears to them to be a member of that community.

3

For the purposes of paragraph 2(a) and (c), in considering the extent to which the governing body of the maintained school will include members of the local community, the following governors shall not be regarded as members of the local community—

• (a) LEA governors;

• (b) parent governors;

• (c) staff governors;

• (d) teacher governors;

• (e) partnership governors;

• (f) additional co-opted governors nominated by minor authorities; and

• (g) the head teacher.

SCHEDULE 4 — PARENT GOVERNORS

1

In this Schedule—

• (1) for the purposes of Part II:

• (a) “appropriate authority” has the same meaning as in regulation 19(2) (elections);

• (b) “school” means the new LEA maintained school;

• (c) “governing body” means the temporary governing body where appointments are made before the appointed day and the transitional governing body where appointments are made on or after that day;

• (2) for the purposes of Part III:

• (a) “appropriate authority” has the same meaning as in regulation 38 (elections);

• (b) “school” means the new GM school;

• (c) “governing body” means the GM transitional governing body

• (3) for the purposes of Part IV:

• (a) “appropriate authority” has the same meaning as in regulation 51 (elections);

• (b) “school” means the grouped school;

• (c) “governing body” means the grouped governing body where appointments are made before the appointed day and the grouped transitional governing body where appointments are made on or after that day.

2

• (1) This paragraph applies to any school which will be or is a maintained school, other than a community or foundation special school established in a hospital.

• (2) In the case of a school to which this paragraph applies, parent governors shall be appointed by the governing body if—

• (a) at least 50 per cent. of the registered pupils at the school are boarders; and

• (b) it would, in the opinion of the appropriate authority, be impracticable for there to be an election of parent governors.

3

In the case of a school which will be or is a community or foundation special school established in a hospital, parent governors shall be appointed by the governing body, where, in the opinion of the appropriate authority, it is likely to be impracticable for there to be an election of parent governors.

4

At any school which will be or is a maintained school, the number of parent governors required shall be made up by parent governors appointed by the governing body if—

• (a) one or more vacancies of parent governors are required to be filled by election; and

• (b) the number of parents standing for election is less than the number of vacancies.

5

Except where paragraph 6 applies, in appointing a parent governor under this Schedule the governing body shall appoint—

• (a) a person who is the parent of a registered pupil at the school; or

• (b) where it is not reasonably practicable to do so, a person who is the parent of a child of compulsory school age.

6

• (1) Where the school will be or is a community or foundation special school not established in a hospital, in appointing a parent governor under paragraph 2(2) or 4, the governing body shall appoint—

• (a) a person who is the parent of a registered pupil at the school;

• (b) a person who is the parent of a child of compulsory school age with special educational needs;

• (c) a person who is the parent of a person of any age with special educational needs; or

• (d) a person who is the parent of a child of compulsory school age.

• (2) The governing body shall 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 provision in that sub-paragraph which immediately precedes it.

SCHEDULE 5 — PARTNERSHIP GOVERNORS

1

In this Schedule—

• (a) for the purposes of Part III—

• (i) “school” means the new GM school;

• (ii) “governing body” means the GM transitional governing body;

• (b) for the purposes of Part IV—

• (i) “school” means the grouped school;

• (ii) “governing body” means the grouped governing body before the appointed day and the grouped transitional governing body on or after that day.

2

Where a partnership governor is required, the governing body shall 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 shall nominate for appointment, or appoint, a person as a partnership governor unless—

• (a) in the case of a person nominating himself, he considers himself to be from the community served by the school and committed to the good government and success of the school; and

• (b) in any other case, he is satisfied that the nominee or appointee appears to be from the community served by the school and committed to the good government and success of the school.

4

• (1) In the case of a school which will be or is a foundation special school without a foundation, the governing body shall in appointing partnership governors secure that at least one partnership governor is a person with experience of education for children with special educational needs.

• (2) In seeking nominations for partnership governors for a school within sub-paragraph (1) the governing body shall take such steps as are reasonably practicable to secure that persons making nominations are aware of the requirement in that sub-paragraph.

5

Where a partnership governor is required, the governing body shall 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 is—

• (a) informed that he is entitled to nominate persons for appointment as partnership governors; and

• (b) informed about the procedures to be followed in making nominations.

6

Subject to paragraph 8(2), no member of the governing body may nominate a person for appointment as a partnership governor.

7

The governing body shall make all necessary arrangements for, and determine all other matters relating to, the nomination of partnership governors.

8

• (1) The governing body shall appoint such number of partnership governors as are required by the instrument of government from among eligible nominees.

• (2) If—

• (a) the number of eligible nominees is less than the number of vacancies; or

• (b) in the case of a foundation special school at which a partnership governor with experience of education for children with special educational needs is required, no eligible nominee has such experience,

the number of partnership governors required shall be made up by persons selected by the governing body who are eligible and meet the requirements for appointment.

9

Where the governing body make an appointment under paragraph 8(2) having rejected any person nominated by a parent or the community served by the school they shall explain the reason for that decision to the local education authority and the person rejected.

SCHEDULE 6 — QUALIFICATIONS AND DISQUALIFICATIONS

1

In this Schedule, unless the context otherwise requires, any reference to a maintained school means a maintained school to which Part II, III or IV of these Regulations applies and at which the governing body is constituted under an instrument of government (and consequently does not include a maintained school with a transitional governing body, a GM transitional governing body or a grouped transitional governing body).

2

• (1) No person shall be qualified for membership of a governing body of a maintained school unless he is aged 18 or over at the date of his election or appointment.

• (2) No person shall at any time hold more than one governorship of the same maintained school.

• (3) Subject to paragraphs 6 and 9, the fact that a person is qualified to be elected or appointed as a governor of a particular category at a maintained school does not disqualify him for election or appointment or from continuing as a governor of any other category at that school.

3

• (1) A person who would otherwise continue in office as, or be appointed or elected to be, a member of the governing body of a maintained school shall not so continue as or be so appointed or elected if this would mean that he would be a member of the governing body of more than two relevant schools.

• (2) For the purposes of sub-paragraph (1) no account shall be taken of ex officio governorships or additional governorships under section 27 of the School Inspections Act 1996²¹ or section 16 or 18 of the 1998 Act.

• (3) Sub-paragraph (4) applies to a person who continues in office as, or becomes, an ex officio member of the governing body of a maintained school nand is an ex officio member of the governong body of more than two relevant schools.

• (4) A person to whom this sub-paragraph applies shall be disqualified for continuing to hold office as an ex officio governor of any maintained school unless that school is for the time being a designated school.

• (5) For the purposes of sub-paragraph (4), a designated school is a school designated by the ex officio governor, in accordance with sub-paragraph (6), by notice in writing to the clerk to the governing body of the school and to the clerk to the governing body of any other relevant school whose instrument of government provides for him to be an ex officio member.

• (6) A person to whom sub-paragraph (4) applies may designate one or two maintained schools provided that the number of governing bodies of relevant schools of which he will be an ex officio member shall be no more than two.

• (7) For the purpose of this paragraph, a relevant school is a maintained school at which the governing body conducting the school are constituted or partly constituted under an instrument of government made under Schedule 12 to the 1998 Act, whether or not these Regulations apply to that school.

4

• (1) Subject to the following provisions of this paragraph, a person shall be disqualified for holding or for continuing to hold office as a governor of a maintained school if he has been adjudged bankrupt or has made a composition or arrangement with his creditors; and a member or proposed member of the governing body of a maintained school on becoming so disqualified, shall give written notice of that fact to the clerk to the governing body of the school which will be or is a maintained school.

• (2) Where a person is disqualified by reason of his having been adjudged bankrupt, that disqualification shall cease—

• (i) on his discharge from bankruptcy; or

• (ii) if the bankruptcy order is previously annulled, on the date of the annulment.

• (3) Where a person is disqualified by reason of his having made a composition or arrangement with his creditors and he pays his debts in full, the disqualification shall cease on the date on which the last such payment is made and in any other case it shall cease on the expiration of three years from the date on which the terms of the deed of composition or arrangement are fulfilled.

5

• (1) Subject to sub-paragraph (6), a person shall be disqualified for holding, or for continuing to hold, office as a governor of a maintained school where any of sub-paragraphs (3) to (5) or (7) apply to him.

• (2) In cases where a member of a GM transitional governing body has continued in office as a governor of a maintained school, in this paragraph, a reference to a person’s appointment or election as governor, or becoming a governor ex officio, is a reference to his original appointment or election as a governor, or becoming a governor ex officio, within the meaning of the 1996 Act.

• (3) This sub-paragraph applies to a person if—

• (a) within the period of five 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 ex officio; or

• (b) since his appointment or election as governor or, as the case may be, since he became a governor ex officio,

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.

• (4) 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 ex officio, 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.

• (5) 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.

• (6) For the purposes of sub-paragraphs (3) to (5) above, there shall be disregarded 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.

• (7) This sub-paragraph applies to a person if—

• (a) within the period of five 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 ex officio; or

• (b) since his appointment or election as governor or, as the case may be, since he became a governor ex officio,

he has been convicted under section 547 of the 1996 Act (nuisance and disturbance on education premises) of an offence which took place on the premises of a school maintained by a local education authority or a grant-maintained school, and has been sentenced to a fine.

• (8) Where, by virtue of this paragraph—

• (a) a person becomes disqualified for holding, or for continuing to hold, office as a governor of a maintained school; and

• (b) he is, or is proposed, to become such a governor,

he shall upon becoming so disqualified give written notice of that fact to the clerk to the governing body of the school which will be or is a maintained school.

6

A person shall be disqualified for appointment as a co-opted governor of a maintained school other than an additional co-opted governor if he is—

• (a) a registered pupil at the school;

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

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

7

A person shall be disqualified for appointment as a parent governor of a maintained school if he is—

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

• (b) an employee of the local education authority; or

• (c) an employee of the governing body of any school maintained by the local education authority, or any grant-maintained school or grant-maintained special school situated in the area of the local education authority;

unless he is a parent of a registered pupil at the school.

8

A person shall not be disqualified for continuing to hold office as a parent governor when he ceases to be a parent of a registered pupil at the school.

9

A person shall be disqualified for nomination or appointment as a partnership governor of a maintained school if he is—

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

• (b) eligible to be a staff governor or a teacher governor at the school; or

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

10

A teacher governor or a staff governor of a maintained school shall, upon ceasing to be employed at the school, be disqualified for continuing to hold office as such a governor.

Signed

Estelle Morris — Minister of State, — Department for Education and Employment — 11th February, 1999

Peter Hain — Parliamentary Under Secretary of State, Welsh Office — 16th February, 1999

Explanatory note

(This note is not part of the Regulations)

These Regulations are made in preparation for the implementation, on 1st September 1999, of the new schools framework under the School Standards and Framework Act 1998 (“the 1998 Act”).

The Regulations make transitional school governance provision for new schools and schools which are grouped under one governing body. The Regulations make other transitional school governance provision, including provision for additional governors at schools causing concern.

Part II of the Regulations applies to county, voluntary and maintained special schools (and proposed schools of those categories for which proposals have been approved but not implemented before 1st September 1999) which have temporary governing bodies established under the Education Act 1996. Where proposals for such schools are implemented on or after 1st September 1999, provision is made for their allocation to the new categories of maintained school. Local education authorities are to secure that instruments of government are made in accordance with Schedule 12 to the 1998 Act by 1st June 1999, or the school’s opening date if later. If the school opens on or before 1st June, it is required to have a new permanent governing body constituted under the instrument by 31st August 1999. If the school opens later, the permanent governing body is to be constituted after the 30th August but within three months after the opening date.

Part III of the Regulations applies to new grant-maintained schools which open on or after 1st September 1999 as maintained schools under the new framework. Local education authorities are to secure that instruments of government for such schools have been made before 1st September 1999. The governing body are to be reconstituted under the instrument within three months after the school opening date.

Part IV of the Regulations applies to schools which are currently grouped under one governing body by virtue of section 89 or 280 of the Education Act 1996. The 1998 Act requires each maintained school to have its own individual governing body. Transitional amendments are made to the Education Act 1996, which prevent additional governance changes in relation to groups during the transitional period. Local education authorities are to secure that new individual instruments of government for such schools have been made before 1st September 1999. The new governing bodies are to be constituted under such instruments after 30th August 1999 but before 1st January 2000.

Parts II, III and IV and Schedules 1 to 6 make provision, where necessary, for transitional governing bodies to conduct the school in question from 1st September 1999 until new or reconstituted governing bodies are in place; for the contents and form of instruments of government, for elections and appointments of new governors (and, in Part III, for some existing governors to continue in office automatically); for the lengths of time governors will hold office; for disqualification of governors required by the new instruments of government; for transfers of property and staff where appropriate and for the dissolution of grouped governing bodies.

Part V relates to additional governors at schools causing concern. It applies to all existing schools which become maintained schools under the new framework, other than schools with temporary governing bodies immediately before 1st September 1999. Additional governors appointed under the School Inspections Act 1996 or sections 16 or 18 of the 1998 Act generally continue in office on 1st September 1999. Additional governors appointed at grant-maintained or grant-maintained special schools under the Education Act 1996 cease to hold office on 31st August 1999.

Part VI applies to new framework schools which were grant-maintained or grant-maintained special schools immediately before 1st September 1999. On 1st September 1999 land vested in first governors as trustees vests in the governing body of the maintained school on the relevant trusts.

Part VII makes miscellaneous amendments to the Education (School Government) (Transition to New Framework) Regulations 1998.

Footnotes