Appendix 8
S.I. 2012/1035: memorandum from the Department
for Education
School Governance (Federations) (England) Regulations
2012 (S.I. 2012/1035)
1. The Committee has requested a memorandum on the
following points:
(1) Explain whether the reference to "the
sub-paragraph which immediately precedes it" in paragraph
9(2) of Schedule 2 is intended, despite the fact that, read literally,
it would not prevent a person from being appointed, for example,
under paragraph (c) even where a person could be appointed under
paragraph (a).
(2) Explain whether the reference to "the
sub-paragraph which immediately precedes it" in paragraph
10(2) of Schedule 2 is intended, despite the fact that, read literally,
it would not prevent a person from being appointed, for example,
under paragraph (c) even where a person could be appointed under
paragraph (a).
2. The Department accepts that the drafting of paragraphs
9(2) and 10(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).
3. The drafting largely replicates provisions in
the School Governance (Federations) (England) Regulations 2007
(2007/960) (paragraphs 9(2) and 10(2) of Schedule 2) and the Department
is not aware that there has been any problem with the operation
of these sub-paragraphs.
4. The Department will amend the drafting in any
regulations that are made after the conclusion of the current
review of school governance.
Department for Education
26 June 2012
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