School Standards and Framework Act 1998

Part I Membership and proceedings

Regulations about governing bodies

1 Regulations may make in relation to governing bodies of maintained schools such provision as is authorised by the following provisions of this Part of this Schedule.

Election or appointment of governors

2 (1) The regulations may make provision—

(a) as to the procedures to be followed in connection with the election or appointment of persons as governors of such schools or in connection with the nomination of persons to be so appointed;

(b) imposing requirements which must be complied with in relation to the appointment or nomination of persons as governors of any prescribed category;

(c) as to the circumstances in which persons are qualified or disqualified—

(i) for being elected, appointed or nominated as governors of any such category, or

(ii) for voting in an election of such governors.

(2) The regulations may make provision—

(a) for enabling the local education authority or (as the case may be) the governing body to determine, for the purposes of any such election, whether any person is a person of such a description as is specified in the regulations;

(b) for requiring appointments falling to be made by persons acting jointly to be made, in any prescribed circumstances, by or in accordance with a direction given by the Secretary of State.

Qualifications and tenure of office

3 The regulations may make provision as to—

(a) the circumstances in which persons are qualified or disqualified for holding office as governors;

(b) the term of office of governors (subject to any provision made by virtue of sub-paragraph (a));

(c) the resignation or removal of governors from office.

Meetings and proceedings

4 (1) The regulations may make provision as to the meetings and proceedings of governing bodies.

(2) The provision authorised by sub-paragraph (1) includes, in particular, provision—

(a) for the election by the governors of a school of one of their number to be chairman, and one to be vice-chairman, of the governing body;

(b) for the period for which the chairman and vice-chairman are to be elected and for the removal from office of either of those persons;

(c) for the establishment by a governing body of committees (which may include persons who are not members of the governing body) and for the constitution, meetings and proceedings of committees so established;

(d) for the delegation of functions of a governing body, in such circumstances as may be specified, to committees established by that body, to any member of that body or to the head teacher;

(e) for the chairman, or such other member of a governing body as may be specified, to have power in specified circumstances to discharge any of the governing body’s functions as a matter of urgency;

(f) as to the quorum required in any specified circumstances;

(g) for securing that proceedings of a governing body, or of any committee established by them, are not invalidated by any vacancy among the governors, or among the members of any such committee, or in any other specified circumstances;

(h) requiring decisions taken by a governing body in any specified circumstances to be confirmed at a second meeting of that body held within such period as may be specified.

(3) In sub-paragraph (2) “specified” means specified in the regulations.

(4) The regulations may authorise or require governing bodies to make provision with respect to any matters relating to their meetings or proceedings (including any of the matters mentioned in sub-paragraph (2)).

(5) Subject to the regulations, a governing body may regulate their own procedure and that of any of their committees.

Information as to meetings and proceedings

5 (1) The regulations may make provision requiring a governing body—

(a) to make minutes (including draft minutes) of their proceedings available for inspection by the local education authority;

(b) to make available—

(i) to such persons or classes of person as may be specified, and

(ii) in such form, and at such times, as may be specified,

such documents and information relating to their meetings and proceedings as may be specified.

(2) In sub-paragraph (1) “specified” means specified in the regulations.