Appendix 7
S.I. 2012/1034: memorandum from the Department
for Education
School Governance (Constitution) (England)
Regulations 2012 (S.I. 2012/1034)
1. The Committee has requested a memorandum on the
following points:
(1) Explain, if possible by reference
to hypothetical calculations, the circumstances in which the rule
in regulation 14(6) would be applied and how it would work in
those circumstances
2. The Department accepts that regulation 14(6) is
redundant since there will be no requirement to round the number
or governors up or down to the nearest whole number in order to
comply with the regulation.
3. Regulation 14(6) was included because these Regulations
repeated many of the regulations in the School Governance (Constitution)
(England) Regulations 2007 (2007/957) ("the 2007 Regulations")
and a similar regulation exists in those regulations (regulation
12(4)). However, it is accepted that there are some regulations
in the 2007 Regulations which require an exact proportion of a
certain category of governor (for example regulation 13(1)(c),
which requires a governing body of a community school etc. to
have one fifth authority governors). In those circumstances an
ability to round the number up or down in order to comply with
that regulation may be necessary if the total number of governors
is not divisible by five. However, in these Regulations 2012/1034,
it is accepted that no exact proportions are required and therefore
the need to round the number up or down in order to comply with
the regulation falls away.
4. The Department is undertaking a review of school
governance and regulation 14(6) will be removed in any regulations
that are made after the conclusion of that review.
(2) Explain whether the reference to the sub-paragraph
which immediately precedes it in paragraph 10(2) of Schedule 1
is indeed intended, despite the fact that, read literally, it
would not prevent a person from being appointed under paragraph
(c) even where a person could be appointed under paragraph (a).
(3) Explain whether the reference to the sub-paragraph
which immediately precedes it in paragraph 11(2) of Schedule 1
is indeed intended, despite the fact that, read literally, it
would not prevent a person from being appointed under paragraph
(c) even where a person could be appointed under paragraph (a).
5. The Department accepts that the drafting of paragraphs
10(2) and 11(2) is defective in that, when read literally, it
allows the governing body to appoint a person referred to in sub-paragraph
(1)(c) even where it is reasonably practicable to appoint someone
in sub-paragraph 1(a).
6. The drafting replicates provisions in the 2007
Regulations (paragraphs 10(2) and 11(2) of Schedule 1) and the
Department is not aware that there has been any problem with the
operation of these sub-paragraphs.
7. The Department will amend the drafting in any
regulations that are made after the conclusion of the current
review of school governance.
(4) What sanction or other method of enforcement
is available for the duty imposed by paragraph 16 of Schedule
4?
8. The Department does not consider that any method
of enforcement is necessary or practicable in respect of the duty
imposed by paragraph 16 of Schedule 4. The Department considers
that it is important to ensure that governors remain under a continuing
obligation to disclose any disqualification and it is intended
that this paragraph, which replicates a provision in the 2007
Regulations (paragraph 12 of Schedule 6), should ensure that.
Department for Education
26 June 2012
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