Citation and commencement

1. These Regulations may be cited as the School Governance (Constitution, Procedures and New Schools) (England) (Amendment) Regulations 2004 and come into force on 1st April 2004.

Amendment of the School Governance (Constitution) (England) Regulations 2003

2. In the School Governance (Constitution) (England) Regulations 2003( 2 )—

(a) after regulation 4(1)(a) there shall be inserted the following sub-paragraph—

“ (aa) where a school is a maintained nursery school, a person who is elected as a governor by—

(i) parents of registered pupils at the school, or

(ii) parents of children for whom educational or other provision is made on the premises of the school (including any such provision made by the governing body under section 27 of the 2002 Act),

and is himself such a parent at the time when he is elected, or; ”

(b) in paragraph 8 of Schedule 1 after the words “a parent of a registered pupil at the school” there shall be inserted “, and where the school is a maintained nursery school, a parent of a child for whom educational or other provision is made on the premises of the school (including any such provision made by the governing body under section 27 of the 2002 Act),”; and

(c) for paragraph 4 of Schedule 6 there shall be substituted the following paragraph—

“ 4. A person is disqualified from holding or from continuing to hold office as a governor of a school at any time when he is detained under the Mental Health Act 1983 ( 3 ) ” .

Amendment of the School Governance (Procedures) (England) Regulations 2003

3. In regulation 12 of the School Governance (Procedures)(England) Regulations 2003( 4 )—

(a) in paragraph (1) the words “when complete” shall be omitted; and

(b) after paragraph (1) there shall be inserted the following paragraph—

“ (1A) For the purposes of paragraph (1), the membership of the governing body shall not include vacant positions on the governing body. ” .

Amendment of the New Schools (General) (England) Regulations 2003

4. In the New Schools (General) (England) Regulations 2003( 5 )—

(a) after regulation 10(3)(a) there shall be inserted the following sub-paragraph—

“ (aa) where a school is, or is to be, a maintained nursery school, he is the parent of a child for whom educational or other provision is or is likely to be made on the premises of the school (including any such provision made by the temporary governing body under section 27 of the 2002 Act); or ”

(b) in regulation 10(3)(b) for the words “such a person” there shall be substituted the words “a person referred to in sub-paragraph (a) or (aa)”;

(c) in regulation 44(1) the words “when complete” shall be omitted;

(d) after regulation 44(1) there shall be inserted the following paragraph—

“ (1A) For the purposes of paragraph (1), the membership of the temporary governing body shall not include vacant positions on the temporary governing body. ” ;

(e) in regulation 45(2), after sub-paragraph (b), there shall be inserted the following sub-paragraph—

“ (c) any report or other paper considered at any such meeting. ” ;

(f) for regulation 51(c) there shall be substituted—

“ (c) the quorum for any meeting of a committee shall be determined by that committee, but in any event shall be not less than three temporary governors who are members of the committee; ” ; and

(g) for paragraph 4 of Schedule 2 there shall be substituted the following paragraph—

“ 4. A person is disqualified from holding or from continuing to hold office as a temporary governor of a school at any time when he is detained under the Mental Health Act 1983 ( 6 ) ” .