Joint Committee on Statutory Instruments Twenty-Fifth Report

Appendix 3 S.I. 2003/1377: memorandum from the Department for Education and Skills

School Governance (Procedures) (England) Regulations 2003 (S.I. 2003/1377)

1. The Committee considered the above instrument and requested a memorandum on the following points:

Explain why regulation 2(1) does not revoke regulation 21 of the 1999 Regulations entirely, given that the provisions to which regulation 21(1) refers are also revoked.

2. Regulation 2(1) comes into effect on 1st September, with the rest of the instrument. At the time it was laid, Regulations relating to new schools were being drafted and it was not clear when those Regulations would be made or when they would come into force. In fact, The New Schools (General) (England) Regulations 2003 (S.I. 2003/1558) were made on 12th June 2003 and will come into effect on 10th July 2003. Regulation 3 of those Regulations revokes regulation 21(1) of the 1999 Regulations with effect from that date.

Explain the intended effect of regulation 6(3). Should not "for a period extending beyond" read "until"?

3. The wording of regulation 6(3) substantially repeats that of regulation 43(3) of the 1999 Regulations. The Department submits that the phrase used has the same meaning and legal effect as the word "until".

Regulation 12(3) states that the person who is acting as chair for the purposes of the meeting has a casting vote provided that such person is a governor. Under what circumstances will a person other than a governor preside at a meeting of the governing body?

4. A number of people other than governors have the right to attend meetings of the governing body (see regulation 23(1)), including the clerk and associate members. Circumstances may arise in which one of those people may be requested to preside for all or part of a meeting (for example during the election of the chair, as regulation 29(9) of the 1999 Regulations specifically provided). Such a person does not of course have the right to vote on any question that falls to be decided in the meeting. Regulation 12(3) makes it clear that such a person does not acquire any voting rights at a meeting merely because he may have been invited to preside over the meeting or part of it.

In paragraph 1(3) of the Schedule:

(a) why does sub-paragraph (a) require a person who has a direct pecuniary interest to be treated as having an indirect one?

(b) explain the reason for including the words "or he was nominated or appointed to office by a person" in sub-paragraph (c), given the terms of sub-paragraph (b).

5. With regard to point 4(a), the first line of sub-paragraph (3) should include the words "a direct or" before "an indirect". With regard to point 4(b), the Department accepts that phrase "or he was nominated to office by a person" in sub-paragraph (c) is otiose, given the terms of sub-paragraph (b).

6. The error in both cases is regretted and will be corrected at the first convenient opportunity.

27th June 2003

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