Made | 15th November 2001 | ||
Coming into force | 14th December 2001 |
(b) a person who is appointed as a parent governor by the governing body in accordance with regulations under the 1998 Act[7]; or
(c) a person who continues as a parent governor for the purposes of the reconstitution of the governing body on transition to the new schools framework by virtue of regulations under Part II of the 1998 Act[8];
Alternative arrangements
3.
- (1) The provisions of these Regulations are specified as alternative arrangements for the purposes of Part II of the 2000 Act in addition to the alternative arrangements specified in the Local Authorities (Alternative Arrangements) (Wales) Regulations 2001[9].
(2) To the extent that any provision of those Regulations is inconsistent with any provision of these Regulations, the provision in these Regulations shall prevail.
Requirement for education overview and scrutiny committees to include parent governor representatives
4.
Subject to regulation 13, a local education authority must appoint at least two but not more than five parent governor representatives, elected in accordance with regulation 5, to each of their education overview and scrutiny committees.
Election procedures and vacancies
5.
- (1) Subject to these Regulations, a local education authority shall make all the necessary arrangements for, and determine all other matters relating to, the holding of an election of a parent governor representative, but nothing in this regulation shall prevent an authority from appointing another body to conduct or oversee that election.
(2) A local education authority may make arrangements dividing parent governor representatives into different categories representing either -
and restricting the electorate for each such category to parent governors of the same type or types of school or parent governors of schools in that area.
(3) Where a vacancy for a parent governor representative is required to be filled by election the local education authority shall announce that vacancy within three months of the vacancy occurring and at the time of that announcement shall -
(4) Any election of a parent governor representative which is contested must be held by secret ballot.
(5) No ballot paper in such an election shall contain any indication of an affiliation with a political party.
(6) Where a vacancy for a parent governor representative arises, the local education authority shall -
(7) Subject to paragraph (8), where there is a vacancy for a parent governor representative, the local education authority must ensure that an election is held in time to fill the vacancy not later than six months after the date on which the vacancy occurred.
(8) Where a vacancy for a parent governor representative is unfilled because no, or not enough, candidates seek election, the local education authority must comply with the requirements of this regulation again within one year of the original vacancy having arisen and at six monthly intervals thereafter, calculated from the first anniversary of the original vacancy having arisen, until the vacancy is filled.
(9) Nothing in these Regulations shall require a ballot to be held if the number of vacancies to be filled is equal to or exceeds the number of candidates for election.
Eligibility to vote in elections and voting requirements
6.
- (1) Subject to paragraphs (2) and (3), a person shall be eligible to vote in the election of a parent governor representative if that person is at the date of the election a parent governor of one or more schools maintained by the local education authority holding the election.
(2) Where, under voting by category arrangements, voting for a particular category of parent governor representative is restricted to parent governors of a particular type or particular types of school maintained by the authority, a person shall only be eligible to vote in the election of such a category of parent governor representative if at the date of the election he or she is a parent governor of one or more schools of that type or those types maintained by the authority.
(3) Where, under such arrangements, voting for a particular category of parent governor representative is restricted to parent governors of schools maintained by the authority in a particular geographical area, a person shall only be eligible to vote in the election of such a category of parent governor representative if at the date of the election he or she is a parent governor of one or more schools in that geographical area maintained by the authority.
(4) Where the authority have not made voting by category arrangements, a person who, at the date of the election, is a parent governor of more than one school maintained by the authority, shall be entitled to cast a number of votes equal to the number of such schools of which he or she is, at the date of the election, a parent governor.
(5) Where the authority have made voting by category arrangements, a person who, by virtue of paragraph (2) or (3), is eligible to vote in the election of more than one category of parent governor representative (because he or she is a parent governor of more than one type of school or of schools within more than one geographical area, as the case may be) shall be entitled to vote in the election of each such category in which he or she is so eligible.
(6) The number of votes which such a person shall be entitled to cast in the election of each such category of parent governor representative in which he or she is eligible to vote shall be a number equal to the number of schools maintained by the authority of which he or she is, at the date of the election, an eligible parent governor.
(7) In paragraph (6) "eligible parent governor" ("rhiant-lywodraethwr cymwys") means a parent governor who is eligible in accordance with paragraph (2) or (3) (as the case may be) and paragraph (5) to vote in the election of the category of parent governor representative in question.
Qualifications for election as a parent governor representative
7.
- (1) Subject to the following provisions of this regulation, a person shall, unless disqualified under any enactment, be qualified to be elected as a parent governor representative in an election held by a local education authority if on the date of the election he or she is -
(2) Where the vacancy is for a parent governor representative to represent a particular type or particular types of school, a person shall only be qualified to be elected if in addition to satisfying the requirements of paragraphs (1)(a) and (1)(b) that person is also a parent governor of a school of that type or one of those types.
(3) Where the vacancy is for a parent governor representative to represent schools in a particular geographical area, a person shall only be qualified to be elected if in addition to satisfying the requirements of paragraphs (1)(a) and (1)(b) that person is also a parent governor of a school in that area.
(4) A person who is already a member of the local education authority holding the election shall be disqualified from being elected as a parent governor representative.
(5) A person who is a teacher at, or is otherwise employed in, a school maintained by the local education authority holding the election, or a pupil referral unit or nursery school maintained by that authority, shall be disqualified from being elected as a parent governor representative.
(6) A person who is employed by the local education authority holding the election, and whose employment relates wholly or partly to the education functions of that authority, shall be disqualified from being elected as a parent governor representative.
(7) A person is not qualified for election as a parent governor representative of an education overview and scrutiny committee of a local education authority if that person is at the date of the election already holding office as a parent governor representative on an education overview and scrutiny committee of that authority or any other authority.
Disqualification from continuing to hold office as a parent governor representative
8.
- (1) A parent governor representative who qualified for election under these Regulations shall cease to be qualified to hold that office upon -
(2) A parent governor representative who qualified for election under voting by category arrangements as a parent governor representative to represent schools of a particular type or particular types shall cease to be qualified to hold that office if he or she no longer holds any parent governorship which qualified or would have qualified him or her to be elected as a parent governor representative for any reason other than those referred to in paragraph (1)(b).
(3) A parent governor representative who qualified for election under voting by category arrangements as a parent governor representative to represent schools in a particular geographical area shall cease to be qualified to hold that office if he or she no longer holds any parent governorship which qualified or would have qualified him or her to be elected as a parent governor representative for any reason other than those referred to in paragraph (1)(b).
(4) A parent governor representative shall cease to be qualified to hold that office if he or she is elected as a member of the local education authority concerned.
(5) A parent governor representative shall cease to be qualified to hold that office if he or she takes up employment -
(6) A parent governor representative who has failed to attend the meetings of an education overview and scrutiny committee of which he or she is a member for a continuous period of six months beginning with the date of a meeting shall, on the expiry of that period, cease to be qualified to hold that office.
(7) For the purposes of paragraph (6), a parent governor representative shall not be taken to have failed to attend a meeting of an education overview and scrutiny committee if he or she has tendered an apology for his or her absence and that apology has been accepted by the committee.
Term of office
9.
- (1) Subject to paragraph (2) below and regulation 13 (transitional provisions), the term of office of a parent governor representative on an education overview and scrutiny committee -
(2) Where a parent governor representative does not complete his or her term of office, the local education authority may appoint a successor for the unexpired portion of the previous term of office.
Voting rights of parent governor representatives
10.
A parent governor representative shall be entitled to vote at a meeting of an education overview and scrutiny committee of which he or she is a member on any question which -
Church representatives
11.
- (1) This regulation applies to a committee of a local education authority appointed in accordance with provision included in alternative arrangements by virtue of section 32(1)(b) (referred to below in this regulation as an education overview and scrutiny committee) if the committee's functions relate wholly or partly to any education functions which are the responsibility of the authority.
(2) This regulation also applies to a sub-committee of an education overview and scrutiny committee of an authority if the sub-committee's functions relate wholly or partly to any education functions which are the responsibility of the authority.
(3) An education overview and scrutiny committee or sub-committee to which this regulation applies must include one or more persons appointed as representatives of the persons who appoint foundation governors for the schools which are maintained by the authority concerned and which are specified in directions made by the National Assembly for Wales as schools which have a character connected with a particular religion, or particular religious denomination, specified in the directions.
(4) Paragraph (3) does not apply if there are no schools which are maintained by the authority concerned and which are specified in directions under that paragraph.
(5) A member of an education overview and scrutiny committee or sub-committee appointed by virtue of paragraph (3) is to be entitled to vote at a meeting of the committee or sub-committee on any question -
(6) The National Assembly for Wales may by directions to a local education authority require any of the authority's education overview and scrutiny committees or sub-committees to which this regulation applies to include persons who are appointed, in accordance with the directions, as representatives of the persons who appoint foundation governors for such of the schools which are maintained by the authority concerned and which are not specified in directions under paragraph (3) as may be specified in directions under this paragraph.
(7) Directions under paragraph (6) may make provision with respect to the voting rights of persons appointed in accordance with such directions.
Revocation and Transitional Provisions
12.
- (1) The 1999 Regulations are hereby revoked.
(2) The revocation of the 1999 Regulations shall not invalidate the appointment of parent governor representatives to a relevant committee (within the meaning of the 1999 Regulations).
(3) Until a local education authority operates executive arrangements or alternative arrangements these Regulations shall have effect in relation to that authority as if -
13.
- (1) In this regulation "a 1999 Representative" means a representative of parent governors -
(2) Subject to paragraph (3), on the establishment by a local education authority of an education overview and scrutiny committee, a 1999 Representative shall be treated as having been appointed to that education overview and scrutiny committee.
(3) A 1999 Representative who is treated as having been appointed to an education overview and scrutiny committee in accordance with paragraph (2) shall continue in office until the expiry of his or her original term of office as a member of the relevant committee (within the meaning of the 1999 Regulations).
(4) Nothing in paragraph (3) shall prevent a 1999 Representative from being disqualified, by virtue of provision made under these Regulations, from continuing to hold office.
Amendment of the Local Authorities (Alternative Arrangements) (Wales) Regulations 2001
14.
- (1) In regulation 2 of the Local Authorities (Alternative Arrangements) (Wales) Regulations 2001[10] in the definition of "alternative arrangements" after "regulation 4" insert "or the Parent Governor Representatives and Church Representatives (Wales) Regulations 2001[11]".
(2) For regulation 4(3) of those Regulations substitute the following:
Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998[13]
John Marek
The Deputy Presiding Officer of the National Assembly
15th November 2001
[2] 1996 c.56; section 499 was amended by section 9 of the 1998 Act.back
[3] See the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672).back
[6] See the Local Authorities (Alternative Arrangements) (Wales) Regulations 2001 (S.I. 2001/2285 (W.173)).back
[7] See regulations 9 and 12 of, and Schedules 2, 5 and 6 to, the Education (School Government) (Wales) Regulations 1999 (S.I. 1999/2242 (W.2)).back
[8] See regulations 13 and 20 of the Education (School Government) (Transition to New Framework) Regulations 1998 (S.I. 1998/2763).back
[9] S.I. 2001/2285 (W.173).back
[10] S.I. 2001/ 2284 (W.173).back
[11] S.I. 2001/3711 (W.307).back
[12] S.I. 2001/3711 (W.307).back