
1 

(1) These Regulations may be cited as the Education (School Government) (Amendment) Regulations 1991 and shall come into force on 8th January 1992.
(2) Any reference in these Regulations to a numbered regulation is a reference to the regulation so numbered of the Education (School Government) Regulations 1989.
2 
For regulation 5 and the heading thereto there shall be substituted the following regulation—“
5 

(1) A person shall be disqualified for holding office as a governor of a school if, were he to be appointed or elected to that office, he would, on the date on which the appointment or election would have taken effect, be a member of the governing bodies of more than two schools:
Provided that this paragraph shall not have effect to disqualify a person for continuing to hold office as a governor of a school until the expiry of his term of office, if he was appointed or elected to that office before 8th January 1992.
(2) A person who on 8th January 1992 is, or (by virtue of offices taken up after that date) becomes, an ex officio member of the governing bodies of more than two schools shall be disqualified for continuing to hold as such save—
(a) such one or two of those bodies as may for the time being be designated by him for the purposes hereof by notice in writing given to the clerk to the governing body (or to each such governing body, as the case may be) so designated and to the clerk to each of any other governing body of which apart from this regulation he would otherwise have been an ex officio member; and
(b) a governing body (not designated as aforesaid) of which he became an ex oficio member before 8th January 1992; so however that he shall cease to be qualified for continuing to hold office by virtue of this sub-paragraph after 31st August 1992.
(3) A notice given under paragraph (2)(a) shall specify as the date from which it has effect a date not earlier than two months after the date of the notice.
(4) Where a person—
(a) is a temporary governor of a school by virtue of his having been appointed under a provision made by virtue of Schedule 2 to the 1986 Act; or
(b) is a governor or temporary governor ex oficio;
he shall not be regarded for the purposes of paragraph (1) as being a member of more than two governing bodies by reason of his being such a governor.
(5) Where a group of two or more schools have a single governing body by virtue of section 9 of the 1986 Act, that group shall be treated for the purposes of this regulation as if it were a single school.”.
3 
In paragraph (3) of regulation 6 for “five” there shall be substituted the word “three”.
4 
In paragraph (2) of regulation 8 for “twelve” there shall be substituted the word “six”.
5 
In paragraph (3) of regulation 13 for the expression “three-quarters” there shall be substituted the expression “two-thirds”.
6 
In regulation 20 there shall be substituted for the words “an aided or special agreement” the word “a”.
7 
In paragraph (2) of regulation 25 after sub-paragraph (s) there shall be inserted the following sub-paragraph—“
(ss) paragraph 1(8) to (10) of Schedule 3 to the 1988 Act (which relates to the appointment by the governing body of a head teacher of deputy head teacher);”.
8 
In regulation 26—
(a) in paragraph (3) after the words “Provided that” there shall be inserted the words “, subject to paragraph (6A),”; and
(b) after paragraph (6) there shall be inserted the following paragraph—“
(6A) Where the governing body have delegated (whether in all or specified circumstances) the function imposed on them under section 42 of the 1986 Act (which relates to the use of school premises outside school hours) to a committee in accordance with regulation 25(1), the members of that committee who are not members of the governing body shall, if the governing body so determine, be entitled to vote in any proceedings of the committee concerning the exercise of that function.”.
Kenneth Clarke
Secretary of State for Education and Science
17th December 1991David Hunt
Secretary of State for Wales
17th December 1991