Citation, commencement, application and extent

1. —(1) These Regulations may be cited as the School Governance (Constitution and Federations) (England) (Amendment) Regulations 2017.

(2) These Regulations with the exception of regulation 2(3) and 2(4) come into force on 1st May 2017.

(3)Regulation 2(3) and 2(4) comes into force on 1st September 2017.

(4)Regulation 2 applies to governing bodies of maintained schools in England and regulation 3 applies to governing bodies of federations in England.

(5) These Regulations extend to England and Wales.

Amendment of the School Governance (Constitution) (England) Regulations 2012

2. —(1)The School Governance (Constitution) (England) Regulations 2012( 3 ) are amended as follows.

(2) Omit paragraph (6) of regulation 14 (additional requirements for foundation and voluntary schools).

(3) After regulation 24 (removal of appointed parent governors), insert—

“ Removal of elected parent governors or staff governors

24A. —(1) Any parent governor, elected in accordance with regulation 6(1), or any staff governor, may be removed by the governing body in accordance with the procedure set out in regulation 25. ” .

(4) In regulation 25 (procedure for removal of governors by the governing body)—

(a) in paragraph (1), for “or 24” substitute “, 24 or 24A”; and

(b) in sub-paragraph (b) of paragraph (2), after “24” insert “or 24A”.

(5) In Schedule 1 (election and appointment of parent governors)—

(a) in sub-paragraph (1) of paragraph 10, after “governor” insert “in the following order of preference”;

(b) omit sub-paragraph (2) of paragraph 10;

(c) in sub-paragraph (1) of paragraph 11, after “appoint” insert “in the following order of preference”; and

(d) omit sub-paragraph (2) of paragraph 11.

(6) In Schedule 4 (qualifications and disqualifications)—

(a) after paragraph 12 (disqualification of charity trustees), insert—

“ Disqualification of elected parent or staff governors who have been removed from office

12A. A person is disqualified from holding or continuing to hold office as a governor of a school until the date immediately after the fifth anniversary of the date of their removal as an elected parent or staff governor under these Regulations. ” ; and

(b) omit paragraph 16 (notification to clerk).

Amendment of the School Governance (Federations) (England) Regulations 2012

3. —(1)The School Governance (Federations) (England) Regulations 2012( 4 ) are amended as follows.

(2) Omit paragraph (8) of regulation 22 (additional requirements for federations comprising foundation and voluntary schools).

(3) For paragraph (1) of regulation 46 (members of the federated governing body applying for an Academy order), substitute—

“ (1) For the purposes of section 3(6) of the AA 2010, the proportion and description of the members of the governing body that may make an application for an Academy order in respect of a federated school are those, being no fewer than three in number, who—

(a) together make up a proportion of the total number of members of the governing body determined in accordance with paragraph (2); and

(b) include at least 50 percent of those members of the governing body who fall within the descriptions prescribed in paragraph (3). ” .

(4) For sub-paragraph (b) of paragraph (3) of regulation 46, substitute “the parent governors”.

(5) In Schedule 2 (election and appointment of parent governors)—

(a) in sub-paragraph (1) of paragraph 9, after “appoint” insert “in the following order of preference”; and

(b) omit sub-paragraph (2) of paragraph 9.