The Government of Maintained Schools (Wales) Regulations 2005

• (4) The quorum for the admissions committee and any vote on any matter at the committee is the same as the minimum requirement for the composition of the committee specified in this regulation.

Clerks to committees

58

• (1) The governing body must appoint a clerk to each committee established in accordance with regulations 55 to 57 and may appoint a clerk to any other committee established by it.

• (2) Neither the head teacher of the school nor an associate pupil governor may be appointed as a clerk under paragraph (1).

• (3) Notwithstanding paragraph (1), the committee may, if the clerk fails to attend a meeting of theirs, appoint any one of their number (who is not the head teacher) to act as clerk for the purposes of that meeting.

• (4) The governing body may remove any clerk appointed to any of their committees from office at any time.

• (5) A clerk appointed to a committee of the governing body must—

• (a) convene meetings of the committee;

• (b) attend meetings of the committee and ensure that minutes of the proceedings are drawn up; and

• (c) perform such other functions with respect to that committee as may be determined by the governing body from time to time.

Right of persons to attend meetings of committees

59

• (1) Subject to paragraphs (2) and (3) and Schedule 7 to these Regulations the following persons are entitled to attend any meeting of a committee—

• (a) any member of the committee, provided he or she is not a governor who has been suspended in accordance with regulation 49;

• (b) the head teacher of the school, whether or not he or she is a member of the committee;

• (c) the clerk to the committee; and

• (d) such other persons as the governing body or the committee may determine.

• (2) A committee may exclude a member who is not a governor from any part of its meeting which he or she is otherwise entitled to attend when the business under consideration concerns an individual member of staff or pupil.

• (3) Paragraph (1)(b) does not apply in relation to the committees referred to in regulations 55 and 56 or in relation to any committee or selection panel exercising any function under The Staffing of Maintained Schools (Wales) Regulations 2006.

Meetings of committees

60

• (1) Subject to paragraph (2) meetings of a committee must be convened by the clerk to that committee who, when exercising this function, must comply with any direction given by—

• (a) the governing body;

• (b) the chair of that committee, so far as such direction is not inconsistent with any direction given under sub-paragraph (a).

• (2) Where a clerk has not been appointed committee meetings must be convened by the chair who, when exercising this function, must comply with any direction given by the governing body.

• (3) Subject to any direction given in accordance with paragraphs (1) or (2), at least five clear working days in advance the clerk must give to each member of the committee and to the head teacher (whether or not he or she is a member of the committee)—

• (a) written notice of the meeting,

• (b) a copy of the agenda for the meeting, and

• (c) any reports or other papers to be considered at the meeting;

but where the chair of the committee so determines on the ground that there are matters demanding urgent consideration, it is sufficient if the written notice of the meeting states that fact and the notice, agenda and reports or other papers to be considered at the meeting are given within such shorter period as he or she directs or decides (as the case may be).

• (3A) Committee meetings may be held by remote access provided that the following conditions are met—

• (a) the participants will be able to fully make representations or discharge their functions (as the case may be);

• (b) the participants agree to the meeting being held using remote access;

• (c) each participant has access to the electronic means to allow them to hear and be heard and (where using a live video link) see and be seen, throughout the meeting; and

• (d) the meeting is capable of being held fairly and transparently.

• (4) The proceedings of a committee are not be invalidated by—

• (a) any vacancy among their number; or

• (b) any defect in the appointment of any member of the committee.

• (5) Subject to regulations 55(5), 56(3) , 57(4) and 60(9), the quorum for a meeting of a committee and for any vote on any matter at such a meeting is one half (rounded up to a whole number) of the membership of the committee excluding any vacancies.

• (6) Subject to regulation 60(8), No vote on any matter may be taken at a meeting of a committee unless the majority of members of the committee present are governors.

• (7) Subject to regulation 60(9), Every question to be decided at a meeting of a committee is to be determined by a majority of the votes of the members of the committee present and voting on the question.

• (8) Where there is an equal division of votes the person who is acting as chair for the purposes of the meeting has a second or casting vote, provided that such person is a governor.

• (9) For the purposes of paragraphs (5), (6), (7) and (8) above, the governing body shall determine whether associate pupil governors shall be treated as governors.

Minutes of meetings of committees

61

• (1) Minutes of the proceedings of a meeting of a committee must be drawn up by the clerk to the committee or by the person acting as the clerk for the purposes of the meeting; and must be signed (subject to the approval of the committee) by the chair of the next meeting of the committee.

• (2) Any committee of the governing body must supply their local authority with a copy of the draft or signed minutes of any meeting of theirs on request by that authority.

• (3) The minutes and agenda drawn up for the purposes of this regulation may be kept in electronic form and where that is the case the minutes may be signed electronically.

Publication of minutes and papers

62

• (1) Subject to paragraph (2) the committee must, as soon as reasonably practicable, make available for inspection at the school by any interested person a copy of—

• (a) the agenda for every committee meeting;

• (b) the signed minutes of every such meeting; and

• (c) any report or other paper considered at any such meeting.

• (2) The committee may exclude from any item required to be made available in pursuance of paragraph (1) any material relating to—

• (a) a named person who works, or who it is proposed should work, at the school;

• (b) a named pupil at, or candidate for admission to, the school;

• (c) any other matter that, by reason of its nature, the committee is satisfied should remain confidential.

PART 10

Restrictions on persons taking part in proceedings

63

• (1) In this regulation and in Schedule 7—

• (a) “relevant person” (“person perthnasol”) means a governor, a member of a committee who is not a governor, the head teacher (whether or not he or she is a governor) or any person appointed as clerk to the governing body or to a committee; and

• (b) any reference to “meeting of the school” (“cyfarfod o'r ysgol”) is a reference to a meeting of the governing body or of a committee, including a selection panel established under The Staffing of Maintained Schools (Wales) Regulations 2006.

• (2) Subject to paragraph (4), where—

• (a) in relation to any matter there may be a conflict between the interests of a relevant person and the interests of the governing body;

• (b) a fair hearing is required and there is any reasonable doubt about a relevant person’s ability to act impartially in relation to any matter; or

• (c) a relevant person has a pecuniary interest in any matter;

that person, if present at a meeting of the school at which the matter is the subject of consideration, must disclose his or her interest, withdraw from the meeting and not vote on the matter in question.

• (3) Nothing in this regulation or in Schedule 7 is to be construed as precluding—

• (a) the governing body, or a committee, from—

• (i) allowing a person who appears to them to be able to give evidence to attend any hearing conducted by them into any matter and to present his or her evidence; or

• (ii) hearing representations from a relevant person acting in a capacity other than that of a relevant person; or

• (b) a relevant person from entering into a contract with the governing body from which he or she is entitled to profit.

• (4) A person who is acting as the clerk to a meeting of the school is not required to withdraw from a meeting by this regulation or Schedule 7 unless his or her appointment to office, his or her remuneration, or disciplinary action against him or her is the subject of consideration, but if this regulation or Schedule 7 would have otherwise required him or her to withdraw, he or she may not act in any capacity other than that of a clerk.

• (5) Where there is any dispute as to whether a relevant person is required by this regulation, or by Schedule 7 to withdraw from a meeting of the school and not vote, that question is to be determined by the other governors present at the meeting.

• (6) Schedule 7 makes provision about pecuniary interests and other specified conflicts of interest.

SCHEDULE 1 — Election and appointment of parent governors

1

In this Schedule “appropriate authority” (“awdurdod priodol”) means—

• (a) in relation to a community school, a community special school, a maintained nursery school or a voluntary controlled school, the local authority; and

• (b) subject to paragraph 3, in relation to a voluntary aided school, foundation school or foundation special school, the governing body.

2

Where a local authority is the appropriate authority in relation to a school, that authority may delegate to the head teacher of the school any of its functions under this Schedule.

3

The local authority is the appropriate authority in relation to a school within paragraph 1(b) if the governing body and the local authority so agree.

4

Subject to paragraphs 5 to 9 the appropriate authority must make all the necessary arrangements for the election of parent governors.

5

The appropriate authority is to determine for the purposes of an election of parent governors, any question whether a person is a parent of a registered pupil at the school.

6

The power conferred by paragraph 4—

• (a) 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, but

• (b) does include the power to make provision as to qualifying dates.

7

Any election which is contested must be held by secret ballot.

8

• (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” (“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.

9

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 is—

• (a) informed of the vacancy and that is required to be filled by election;

• (b) informed that he or she is entitled to stand as a candidate and vote in the election; and

• (c) given the opportunity to do so.

10

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—

• (a) the number of parents standing for election is less than the number of vacancies;

• (b) at least 50 per cent of the registered pupils at the school are boarders and it would, in the opinion of the appropriate authority, be impractical for there to be an election of parent governors; or

• (c) in the case of a school which is a community special or foundation special school established in a hospital, it would, in the opinion of the appropriate authority, be impractical for there to be an election of parent governors.

11

• (1) Except where paragraph 12 applies, the governing body must appoint as a parent governor—

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

• (b) where it is not reasonably practicable to do so, a parent of a child of compulsory school age, or in the case of a maintained nursery school, of or under compulsory school age.

12

• (1) Where the school is a community special school or a foundation special school, the governing body must appoint—

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

• (b) a parent of a child of compulsory school age with special educational needs; or

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

• (d) a parent of a child of compulsory school age.

• (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.

SCHEDULE 2 — Election of teacher and staff governors

1

In this Schedule “appropriate authority” (“awdurdod priodol”) has the same meaning as in Schedule 1.

2

Where a local authority is the appropriate authority in relation to a school, that authority may delegate to the head teacher of the school any of its functions under this Schedule.

3

Subject to paragraphs 4 to 6, the appropriate authority must make all the necessary arrangements for the election of teacher and staff governors.

4

The appropriate authority is to determine for the purposes of an election of teacher or staff governors whether a person is a school teacher or otherwise employed to work at the school.

5

The power conferred by paragraph 3—

• (a) 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, but

• (b) does include the power to make provision as to qualifying dates.

6

Any election which is contested must be held by secret ballot.

SCHEDULE 3 — Appointment of partnership governors

1

Where a partnership governor is required, 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.

2

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.

3

• (1) In the case of a foundation special school without a foundation, the governing body must appoint at least one person with experience of education for children with special educational needs as a partnership governor, unless no eligible nominee has such experience.

• (2) In seeking nominations for partnership governors for foundation special schools, the governing body must take steps to secure that persons making nominations are aware of the requirement in paragraph (1).

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 paragraph 1, it must give written reasons for its decision to the local authority and to the person rejected.

7

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

SCHEDULE 4 — Appointment of Sponsor Governors

1

In this Schedule, “sponsor” (“noddwr”) in relation to a school means—

• (a) a person who gives or has given substantial financial assistance (which for these purposes includes benefits in kind) to the school other than pursuant to statutory obligation; or

• (b) any other person (not being otherwise represented on the governing body) who provides or has provided substantial services to the school.

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, 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 any one or more of the sponsors.

SCHEDULE 5 — Qualifications and disqualifications

General

1

Save in the case of associated pupil governors, No person is qualified to be a governor unless he or she is aged 18 or over at the date of his or her election or appointment.

2

No person may at any time hold the office of more than one governor of the same school.

3

Save as otherwise provided in these Regulations, the fact that a person is qualified to be elected or appointed as a governor of a particular category at a school does not disqualify him or her from election or appointment or from continuing as a governor of any other category at that school.

Mental disorder

4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Failure to attend meetings

5

• (1) This paragraph applies to any governor who is not a governor by virtue of his or her office.

• (2) A governor, who, without the consent of the governing body, has failed to attend the meetings thereof for a continuous period of six months beginning with the date of the first such meeting he or she failed to attend, is, on the expiry of that period, disqualified from continuing to hold office as a governor of that school.

• (3) Where a governor has sent an apology to the clerk to the governing body before a meeting which he or she does not propose to attend, the minutes of the meeting must record the governing body’s consent or otherwise to the absence and a copy of the minutes must be sent to the governor concerned at his or her normal place of residence.

• (4) A governor who has been disqualified as a governor of a school under sub-paragraph (2) is not qualified for election, nomination or appointment as a governor of any category at that school during the twelve months immediately following his or her disqualification under sub-paragraph (2).

Bankruptcy

6

A person is disqualified from holding or continuing to hold office as a governor of a school if—

• (a) he or she has been made bankrupt or sequestration of his or her estate has been awarded and (in either case) he or she has not been discharged and the bankruptcy order has not been annulled or rescinded or a moratorium period under a debt relief order applies in relation to him or her; or

• (b) he or she has made a composition or arrangement with, or granted a trust deed for, his or her creditors and has not been discharged in respect of it.

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 or she is subject to—

• (a) a disqualification order or disqualification undertaking under the Company Directors Disqualification Act 1986²²,

• (b) a disqualification order under the Company Directors Disqualification (Northern Ireland) Order 2002,

• (c) a disqualification undertaking accepted under the Company Directors Disqualification (Northern Ireland) Order 2002²³, or

• (d) an order made under section 429(2)(b) of the Insolvency Act 1986²⁴ (failure to pay under county court administration order).

Disqualification of charity trustees

8

A person is disqualified from holding or from continuing to hold office as a governor of a school if—

• (a) he or she has been removed from the office of trustee for a charity by an order made by the Charity Commissioners or the High Court on the grounds of any misconduct or mismanagement in the administration of the charity for which he or she was responsible or to which he or she was privy, or to which he or she contributed or which he or she facilitated by his or her conduct; or

• (b) he or she has been removed, under section 34 of the Charities and Trustee Investment (Scotland) Act 2005 (powers of Court of Session to deal with management of charities), from being concerned in the management or control of any body.

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 or she is—

• (a) included in the list of teachers and workers with children or young persons whose employment is prohibited or restricted under section 1 of the Protection of Children Act 1999²⁵;

• (b) subject to a direction of the National Assembly for Wales or the Secretary of State under section 142 of the 2002 Act;

• (ba) barred from regulated activity relating to children in accordance with section 3(2) of the Safeguarding Vulnerable Groups Act 2006;

• (bb) subject to a direction by the appropriate authority under section 167A of the Education Act 2002;

• (bc) disqualified from registration under Part 2 of the Children and Families (Wales) Measure 2010 for childminding or providing day care;

• (bd) disqualified from registration under Part 3 of the Childcare Act 2006;

• (c) disqualified from working with children under sections 28, 29 or 29A of the Criminal Justice and Court Services Act 2000²⁶; or

• (d) by virtue of an order made under section 470 or section 471 of the 1996 Act²⁷, disqualified from being the proprietor of any independent school or from being a teacher or other employee in any school.

Criminal convictions

10

• (1) Subject to sub-paragraph (5) 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 or her.

• (2) 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 or her appointment or election as governor would otherwise have taken effect or, as the case may be, on which he or she would otherwise have become a governor by virtue of his or her office, or

• (b) since his or her appointment or election as governor or, as the case may be, since he or she became a governor by virtue of his or her office,

he or she has been convicted, whether in the United Kingdom or elsewhere, of any offence and has had passed on him or her 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 or her appointment or election as governor would otherwise have taken effect or, as the case may be, on which he or she would otherwise have become a governor by virtue of his or her office, he or she has been convicted as aforesaid of any offence and has had passed on him or her 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 or she has at any time been convicted as aforesaid of any offence and he or she has had passed on him or her 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 in that part of the United Kingdom under the law in force at the time the facts given rise to the offence had taken place, must be disregarded.

• (6) 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 or her appointment or election as governor would otherwise have taken effect or, as the case may be, on which he or she would otherwise have become a governor by virtue of his or her office, or

• (b) since his or her appointment or election as governor or, as the case may be, since he or she became a governor by virtue of his or her office,

he or she has been convicted under section 547 of the 1996 Act²⁸ or under section 85A of the Further and Higher Education Act 1992²⁹ (nuisance and disturbance on educational premises) of an offence and has been sentenced to a fine.

Governors of more than two schools

11

• (1) Save in the case of associated pupil governors, No person may at any time hold office as governor in more than two schools.

• (2) For the purposes of sub-paragraph (1) no account is to be taken of ex-officio governorships, governorships to which the New Maintained Schools (Wales) Regulations 2005³⁰ apply or any appointment under sections 16, 16A, 18 or 18A of the 1998 Act

Refusal to make an application for a criminal records certificate

12

A person is disqualified from holding or continuing to hold office as a governor at any time when he or she refuses a request by the governing body to make an application under section 113B of the Police Act 1997³¹ for a criminal records certificate.

Notification to clerk

13

Where—

• (a) by virtue of any paragraphs 6 to 11A a person is disqualified from holding, or for continuing to hold, office as a governor of a school; and

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

he or she must give notice of that fact to the clerk to the governing body.

SCHEDULE 6 — Transitional Provisions

1

In this Schedule—

• “current governing body” (“corff llywodraethu cyfredol”) means a governing body constituted under an instrument of government that is in effect before 31 October 2005; and

• “current governor” (“llywodraethwr cyfredol”) means any person who is appointed to or elected to office as a member of a current governing body on or before 31 October 2005 but not any person who is reappointed or re-elected to such office after that date.

2

On or after the date on which an instrument of government made in accordance with these Regulations becomes effective, a current governor is to continue as a governor of the corresponding category of governor required by the instrument of government, as if he or she had been appointed to or elected to such category in accordance with these Regulations, even if he or she does not conform to the relevant requirements imposed by these Regulations for a governor of that category.

3

For the purposes of paragraph 2, the corresponding categories shall be as follows—

Category of current governor	Category of governor under these Regulations
Co-opted governor	Community governor
Additional co-opted governor appointed under paragraph 15(4) of Schedule 9 to the 1998 Act	Additional Community Governor
Additional co-opted governor appointed under paragraph 2 of Schedule 1 to the 1999 Regulations	Sponsor governor
Representative governor	Representative governor
Foundation governor (including ex officio foundation governor and substitute governor)	Foundation governor (including ex officio foundation governor and substitute governor)
LEA governor	Authority governor
Parent governor	Parent governor
Partnership governor	Partnership governor
Staff governor	Staff governor
Teacher governor	Teacher governor
Head Teacher (ex officio governor)	Head Teacher (ex officio)

4

A current governor will hold office as a governor of the corresponding category of governor under these Regulations until—

• (a) the term of office that applied at the date of his election or appointment as a current governor would have expired,

• (b) he or she resigns his or her office,

• (c) he or she becomes disqualified from holding or continuing to hold office as a governor under these Regulations, or

• (d) 31 August 2008

which ever is the earlier.

5

This Schedule does not prevent a current governor from—

• (a) being elected or appointed as a governor of any category required by the instrument of government for a further term, save as otherwise provided in these Regulations; or

• (b) being removed from office under regulations 27 to 29.

6

A current governor, who continues as a governor after an instrument of government made in accordance with these Regulations becomes effective, must be included in calculating the number of governors required in each category under the instrument of government.

SCHEDULE 7 — Restrictions on persons taking part in proceedings of the governing body or its committees

Pecuniary interests

1

• (1) For the purposes of regulation 63(2), a pecuniary interest in a contract, proposed contract or other matter includes a case where—

• (a) a relevant person was nominated or appointed to office by a person with whom the contract was made or is proposed to be made; or

• (b) a relevant person is a business partner of a person with whom the contract was made or is proposed to be made; or

• (c) a relative of a relevant person (including his or her spouse, civil partner within the meaning of the Civil Partnership Act 2004³² or someone living with that person as if he or she were that person’s spouse or civil partner) to the knowledge of that person has, or would be treated as having, such an interest.

• (2) For the purposes of regulation 63(2) a relevant person is not to be treated as having a pecuniary interest in any matter—

• (a) provided his or her interest in the matter is no greater than the interest of the generality of those paid to work at the school;

• (b) by reason only of the fact that he or she was nominated or appointed to office by, is a member of, or is employed by, any public body; or

• (c) by reason only of the fact that he or she is a member of a corporation or other body if he or she has no financial interest in any securities of that corporation or other body.

• (3) A governor is not, by reason of his or her pecuniary interest in the matter, prevented from considering and voting upon proposals for the governing body to take out insurance protecting members against liabilities incurred by them arising out of their office and the governing body shall not, by reason of the pecuniary interest of its members, be prevented from obtaining such insurance and paying the premiums.

• (4) A governor is not prevented from considering or voting upon any proposal regarding allowances to be paid in accordance with the Governor Allowances (Wales) Regulations 2005³³ by reason that he or she has an interest in the payment of such allowances to members of the governing body generally but a member of a governing body or any committee thereof must withdraw from a meeting during a consideration or discussion of, and must not vote on, whether he or she should receive a particular allowance, the amount of any payment or any question about an allowance that has been paid to him or her.

Office of governor, chair, vice-chair or clerk

2

• (1) This sub-paragraph applies where a relevant person is present at a meeting of the school at which a subject of consideration is—

• (a) his or her own appointment, reappointment, suspension or removal as a member of the governing body or a committee;

• (b) his or her own appointment or removal from office as clerk to, or chair or vice-chair of, the governing body or clerk to or chair of a committee;

• (c) if he or she is a sponsor governor, any determination under paragraph 2 of Schedule 4 as to the provision in the instrument of government for sponsor governors.

• (2) In any case where sub-paragraph (1) applies, the relevant person’s interests are to be treated for the purposes of regulation 63(2) as being in conflict with the governing body’s interests.

Pay or appraisal of persons working at the school

3

• (1) This sub-paragraph applies where a relevant person who is paid to work at a school other than as head teacher is present at a meeting of the school at which a subject of consideration is the pay or performance appraisal of any particular person employed to work at the school.

• (2) This sub-paragraph applies where a head teacher of a school is present at a meeting of the school at which a subject of consideration is his or her own pay or performance appraisal.

• (3) In any case where sub-paragraph (1) or (2) applies, the relevant person’s interests are to be treated for the purpose of regulation 63(2) as being in conflict with the governing body’s interests.

Appointment of Staff

4

Where a relevant person who is employed to work at a school is present at a meeting of the school at which a subject of consideration is the appointment of a successor to that person, he or she must withdraw from the meeting during the consideration or discussion of the matter in question and must not vote on any question with respect to that matter.

Persons who are members of more than one governing body

5

The fact that a person is governor or member of a committee of the governing body at more than one school is not under any circumstances to be considered a conflict of interest for the purpose of these Regulations.

Signed

Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998²¹

D. Elis-Thomas — The Presiding Officer of the National Assembly — 18 October 2005

Explanatory note

(This note is not part of the Regulations)

These Regulations set out the new arrangements for the constitution of governing bodies of maintained schools, including maintained nursery schools, in Wales. After 31 October 2005, all governing bodies of new schools must be constituted in accordance with these Regulations. After 1 September 2008, all existing governing bodies must be constituted in accordance with these regulations, but until that date they may choose whether to retain their existing Instruments of Government or to adopt a new one in accordance with these Regulations.

Part 1 provides for the Regulations to come into force on 31 October 2005 and 1 January 2006, sets out the Regulations that are to be revoked or amended (mainly Parts I to III and Part VIII of the Education (School Government) (Wales) Regulations 1999 SI 1999/2242 (W.2)) and contains the interpretation provisions.

Part 2 describes the various categories of governor. Regulation 4 and Schedule 1 deal with parent governors and set out the basis on which a person may qualify to stand for election and to vote for a parent governor or to be appointed as a parent governor.

Regulation 5 deals with teacher governors and regulation 6 deals with staff governors who are not teachers. The head teacher is a governor by virtue of his or her position but may resign his or her governorship (or withdraw his or her resignation) at any time. Schedule 2 deals with the election process for teacher and staff governors.

Regulation 7 deals with the appointment of LEA governors.

Regulation 8 sets out who is eligible for appointment as a community governor. Regulation 9 deals with the appointment of foundation governors, including ex officio foundation governors and substitute governors. Regulation 10 and Schedule 3 deal with the nomination process for, and the appointment of, partnership governors.

Regulation 11 provides for the appointment of sponsor governors and Schedule 4 deals with the process for their appointment.

Regulation 12 and paragraphs (4) and (5) of regulation 15 make provision for representative governors in community special schools.

Part 3 sets out the general principles by which the size and composition of school governing bodies are to be determined. Regulations 13 to 19 set out the specific requirements for the constitution of the governing bodies of each category of school.

Regulation 20 makes provision for additional community governors for community and voluntary primary schools and maintained nursery schools that serve areas in which there are one or more community councils.

Regulation 21 sets out the requirements to be observed by a person wishing to exercise the power of nominating or appointing a governor. If there is any dispute between persons jointly entitled to nominate or appoint a governor, the appointment is to be made by the National Assembly for Wales under regulation 22. Regulation 23 makes provision for the removal of surplus governors.

Part 4 deals with qualifications and term of office. Regulation 24 and Schedule 5 set out the circumstances in which a governor is disqualified from standing for election, being appointed or continuing in office as a governor.

Regulation 25 provides that (with some exceptions) a governor’s term of office is a maximum of 4 years. In the event that an ex officio foundation governor is unable or unwilling to take up office, a substitute governor may be appointed. Regulation 26 sets out the procedure for resigning as a governor. Regulations 27 to 29 provide for the removal of governors who have been appointed (rather than elected) to office.

Part 5 deals with the procedure for making, reviewing and varying instruments of government and the content of instruments. The first instrument of government of a maintained nursery school will be prepared and made by the LEA. Regulation 32 sets out the duty to have regard to guidance given by the National Assembly for Wales in this regard. Regulation 36 sets out the duty to provide copies of the instrument of government to every member of the governing body, the head teacher, the trustees of the school (if any) and the diocesan authority or other appropriate religious body (in the case of faith schools). Regulation 37 lays a duty on LEAs to ensure that all schools have an instrument of government that conforms to these Regulations by 31 March 2006 in the case of a nursery school, and by 31 August 2008 in the case of other schools.

Part 6 and Schedule 6 enable governors appointed or elected to office prior to or on 31 October 2005 to continue in office when an instrument of government made in accordance with these Regulations comes into effect.

Part 7 deals with the appointment and removal of officers of the governing body, and their functions. Regulation 40 deals with delegation of functions to the chair or vice-chair in cases of urgency. Under regulation 42 the governing body is required to appoint a clerk to the governing body, and has the power to remove the clerk from office at any time. Regulation 43 sets out the functions of the clerk to the governing body.

Part 8 provides for meetings and proceedings of the governing body. This Part includes provisions for access to meetings, convening meetings, quorum, minutes and their publication. Decisions on all matters are to be made by majority of governors voting.

Regulation 49 sets out the circumstances in which a governor may be suspended from meetings for up to 6 months. Regulations 50 to 52 relate to delegation of governing body functions.

Part 9 deals with the establishment and proceedings of committees of governing bodies, including clerking arrangements, convening meetings, quorum, voting and publication of minutes.

Part 10 and Schedule 7 deal with conflicts of interest and the circumstances in which governors and others who are otherwise entitled to attend meetings of the governing body or its committees must withdraw and not vote. The general principle is that where there is a conflict between the interests of such a person and the interests of the governing body, or where the principles of natural justice require a fair hearing and there is any reasonable doubt about that person’s ability to act impartially, he or she should withdraw from the meeting and not vote.

A regulatory appraisal of these Regulations has been prepared and can be viewed on the National Assembly for Wales website (www.wales.gov.uk). Copies can be obtained from the Schools Management Division of the Department for Training and Education, Welsh Assembly Government, Cathays Park, Cardiff, CF10 3NQ.

Footnotes

Editorial notes