The Education (School Government) (Wales) (Amendment) Regulations 2001

• Citation: S.I. 2001/2263 (W.)
• Sections: 21

Section 1 Citation, commencement and application

(1) These Regulations are called the Education (School Government) (Wales) (Amendment) Regulations 2001.

(2) These Regulations shall come into force on 1st September 2001.

(3) These Regulations apply in relation to maintained schools and new schools in Wales .

Section 2 Interpretation

In these regulations—

“the principal regulations” (“ y prif reoliadau ”) means the Education (School Government) (Wales) Regulations 1999 ;

“the First Transitional Regulations” (“ y Rheoliadau Trosiannol Cyntaf ”) means the Education (School Government) (Transition to New Framework) Regulations 1998 ; and

“the Second Transitional Regulations” (“yr Ail Reoliadau Trosiannol”) means the Education (Transition to New Framework) (New Schools, Groups and Miscellaneous) Regulations 1999 .

Section 3 Amendment of principal regulations

The principal regulations shall be amended in accordance with the following provisions of these Regulations.

Section 4 Preamble, application and interpretation

(1) In the preamble to the principal regulations, for “paragraph 5 of Schedule 12” there shall be substituted “paragraphs 4 and 5 of Schedule 12”.

(2) In regulation 2 of the principal regulations—

(a) in paragraph (1), after the definition of “new school” there shall be inserted—

“nominating body”, in relation to an additional co-opted governor, means any person from whom nominations were sought for the purpose of appointing, and who nominated, the additional co-opted governor in question;

(b) in paragraph (2), the definition of “appropriate diocesan authority”, after “section 142(1)” there shall be inserted “and (4)”.

(3) In paragraph (2) of regulation 14 of the principal regulations, after “First Transitional Regulations” there shall be inserted “, regulation 13 of the First Transitional Regulations as it applies by virtue of regulation 20 of those regulations,”.

Section 5 Term of office

After paragraph (1)(b) of regulation 16 of the principal regulations there shall be inserted the following sub-paragraph—

(bb) In default of a term being notified in accordance with sub-paragraph (b), a governor to whom that sub-paragraph applies shall hold office for a term of four years.

Section 6 Resignation and removal of governors

(1) In paragraphs (2) and (3) of regulation 17 of the principal regulations, after the words “may resign”, in both places where they occur, there shall be inserted “as governor”.

(2) In regulation 18 of the principal regulations—

(a) paragraph (3)(c) shall be omitted; and

(b) in paragraph (4), “(within the meaning of the 1998 Act)” shall be omitted.

Section 7 Resignation and removal of governors

In regulation 19(3) of the principal regulations, after “nominating body” there shall be inserted “(although the nominating body may also make representations if they so wish)”.

Section 8 Clerk to Governing Body

In paragraph (3) of regulation 23 of the principal regulations, for “Subject to regulation 24, where” there shall be substituted “Where”.

Section 9 Chairman of the Governing Body

(1) In regulation 29 of the principal regulations—

(a) in paragraphs (1) and (6), after the words “paragraph (2)”, in both cases where those words occur, there shall be inserted “and to section 18 of the 1998 Act”;

(b) in paragraph (5)(c), after “regulation 30” there shall be inserted “or pursuant to section 18 of the 1998 Act”;

(c) in paragraph (9)(a) and (b), the words “or vice-chairman” shall be omitted on each of the three occasions they occur;

(d) in paragraph (11), for “to be elected.” there shall be substituted “elected, but for these purposes regulation 38(2) (chairman’s casting vote) shall not apply.”.

(2) In regulation 30 of the principal regulations—

(a) in paragraph (1), after “remove the chairman from office” there shall be inserted “, unless the chairman has been nominated as such by the Assembly pursuant to section 18 of the 1998 Act ”; and

(b) in paragraph (3), after the words “additional governors” there shall be inserted “or additional foundation governors”.

(3) In regulation 31(9) of the principal regulations, for “is elected.” there shall be substituted “is elected, but for these purposes regulation 38(2) (chairman’s casting vote) shall not apply.”.

Section 10 Co-opted governors

(1) In regulation 34(6) of the principal regulations, for “a co-opted governor’s removal” there shall be substituted “the removal of a co-opted governor or an additional co-opted governor”.

(2) In paragraph 1 of Schedule 4 to the principal regulations, for the final full stop there shall be substituted a semicolon and the following subparagraph inserted afterwards:

(c) “co-opted governors” does not include additional co-opted governors.

Section 11 Quorum

In regulation 37 of the principal regulations—

(a) in paragraph (2), after sub-paragraph (c) there shall be inserted the following sub-paragraph—

(cc) making a decision to delegate to an individual or a committee under regulation 41, paragraph 17 of Schedule 16 to the 1998 Act or paragraph 17 of Schedule 17 to that Act,

(b) in paragraph (2)(e), after “regulation 19” there shall be inserted “or the removal of a member of the temporary governing body in accordance with regulation 25 of the Education (New Schools) (Wales) Regulations 1999 ”; and

(c) in paragraph (2)(f), at the beginning there shall be inserted “any vote on the election of the chairman of the governing body or temporary governing body under regulation 29 or 31 or”.

Section 12 Proceedings of the Governing Body

In regulation 38 of the principal regulations—

(a) in paragraph (2), for “Where” there shall be substituted “Subject to regulations 29(11) and 31(9), where”, and the words “in accordance with regulation 29” shall be omitted;

(b) after paragraph (2) there shall be inserted the following paragraph—

(2A) No decision taken at a meeting of the governing body to serve notice of discontinuance of the school under section 30 of the 1998 Act shall have effect unless it is confirmed at a second meeting of the governing body held not less than 28 days after the first.

(c) after paragraph (3)(a), there shall be inserted the following sub-paragraph—

(aa) any defect in the appointment of any chairman or vice-chairman of the governing body;

Section 13 Delegation

In regulation 42 of the principal regulations—

(a) in paragraph (1)—

(i) in sub-paragraph (s), after “governing body”, there shall be inserted “or temporary governing body”,

(ii) in sub-paragraph (v), after “constitution” there shall be inserted “,membership, proceedings”, and

(iii) in sub-paragraph (y), for “Part III of the Education (School Information) (Wales) Regulations 1997” there shall be substituted “Part IV of the Education (School Information) (Wales) Regulations 1999 ”, and for “referred to in regulation 9” there shall be substituted “referred to in regulation 12”; and

(b) in paragraph (5)—

(i) at the end of sub-paragraph (c), the word “and” shall be omitted, and

(ii) after sub-paragraph (d), there shall be inserted the following sub-paragraphs—

(e) relating to the appointment or dismissal of the clerk to the governing body under Part IV, or the appointment or dismissal of the clerk to a committee of the governing body under Part VI, or

(f) under regulations 4, 5, 6, 7 or 9 of the Education (School Performance and Unauthorised Absence Targets) (Wales) Regulations 1999 .

Section 14 Committees

(1) In regulation 46 of the principal regulations—

(a) in paragraph (2)(a), for “and membership” there shall be substituted “, membership and procedures”; and

(b) in paragraph (2)(h), for “or a registered pupil thereat,” there shall be substituted “or who is a registered pupil thereat, nor any person who is not a member of the governing body,”.

(2) In regulation 47 of the principal regulations, after paragraph (6) there shall be inserted the following paragraph—

(7) The minimum requirements for the composition of the staff dismissal committee and the dismissal appeal committee specified in this regulation shall, in either case, also operate as a quorum for meetings of the committee and any vote on any matter thereat.

(3) In regulation 49 of the principal regulations, after paragraph (2) there shall be inserted the following paragraph—

(3) The minimum requirement for the composition of the admissions committee specified in this regulation shall also operate as a quorum for meetings of the committee and any vote on any matter at such meetings.

(4) In regulation 51(4) of the principal regulations, after “paragraph (1)” there shall be inserted “and paragraph (3)”.

Section 15 Access to committee meetings

In regulation 56 of the principal regulations—

(a) there shall be inserted at the beginning the following paragraphs—

(A1) A head teacher of a school shall be entitled to attend any meeting of a committee of the governing body of the school, subject however to Part VII and to paragraph (A2).

(A2) Paragraph (A1) shall not confer any additional right on the head teacher in relation to any committee referred to in regulation 47, 48 or 49, or in relation to any committee or selection panel exercising a function referred to in Schedule 16 or 17 to the 1998 Act.

(b) in paragraph (4)(b), the words “under this regulation” shall be omitted.

Section 16 Restrictions on persons taking part in proceedings

(1) In regulation 57 of the principal regulations—

(a) in paragraph (1)(b), for “the head teacher” there shall be substituted “a head teacher entitled to attend meetings”; and

(b) for paragraph (5) there shall be substituted—

(5) A governor or member of a committee of the governing body at more than one school shall not be prevented from considering or voting upon any matter by reason that he or she is a governor or a member of a committee of the governing body at more than one school, and

(5A) Paragraph (5) applies irrespective of whether the interests of any school at which the person concerned is a governor or a member of a committee of the governing body conflict with the interests of any other school at which he or she is a governor or a member of a committee of the governing body.

(2) In Schedule 7 to the principal regulations—

(a) in the heading to paragraph 3, for “chairman or clerk” there shall be substituted “chairman, vice chairman or clerk”;

(b) in paragraph 3(1)(b), for the word “chairman”, in both cases where it occurs, there shall be substituted “chairman or vice chairman”; and

(c) after paragraph 4, there shall be inserted the following paragraph—

Appointment of Staff

(5)

(1) This sub-paragraph applies 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.

(2) In any case where sub-paragraph (1) applies, the person first mentioned in that sub-paragraph shall withdraw from the meeting during the consideration or discussion of the matter in question and shall not vote on any question with respect to that matter.

Section 17 Parent governors

In paragraph 4(a) of Schedule 2 to the principal regulations, for “of” there shall be substituted “for”.

Section 18 Qualifications and disqualifications

In paragraph 4(5) of Schedule 6 to the principal regulations—

(a) after the words “representative governor” there shall be inserted “, partnership governor”; and

(b) after “co-opted governor” there shall be inserted “(including an additional co-opted governor)”.

Section 19 Transitional

In Schedule 8 to the principal regulations—

(a) in paragraph 4—

(i) the paragraph shall be numbered as sub-paragraph (1),

(ii) after “governor of a school” there shall be inserted “(other than as head teacher or as an ex officio foundation governor)”, and

(iii) at the end there shall be inserted the following sub-paragraph—

(2) A governor appointed by the local education authority under regulation 19(4) of the First Transitional Regulations shall hold office for a term of four years

(b) in paragraph 5, after “additional co-opted governor)” there shall be inserted “appointed for the purposes of the constitution or reconstitution of the governing body and”; and

(c) in paragraph 9(1), for “regulation” there should be substituted “paragraph” and for “the appointed day”, there shall be substituted “1st September 1999”.

Section 20 Amendment of First Transitional Regulations

In regulation 13(10) of the First Transitional Regulations, for “paragraphs 1 to 10, 12, 13, 15 and 16”, there shall be substituted “paragraphs 1—11, 14 and 16”.

Section 21 Amendment of Second Transitional Regulations

In the Second Transitional Regulations—

(a) in regulation 33(8), for “paragraphs 1 to 10,12,13,15 and 16”, there shall be substituted “paragraphs 1—11, 14 and 16”; and

(b) for regualtion 57(7) there shall be substituted—

(7) Subject to paragraph (6), any governor to whom this regulation applies, other than a governor appointed by the National Assembly for Wales under section 18 of the 1998 Act shall hold office for the remainder of the term for which he was appointed, but for no longer than four years from the appointed day.