The DfE website explains that School Governance (Constitution) Regulations 2007 apply to maintained schools such as Mount Street Primary which were formed prior to 1 September 2012 and where there has been no change to the instrument of government after that date. Note that for the purpose of the regulations Mount Street is a foundation school but not a ‘qualifying foundation school’. The latter is defined to mean “a foundation or a foundation special school which has a foundation established otherwise than under SSFA 1998, and whose instrument of government provides for the majority of governors to be foundation governors appointed by the foundation“. Mount Street’s instrument of government limits foundation governors to a minority.
The explanatory note in these regulations is copied below.
Part 1 – Introduction
Part 2 – Categories of Governor
Regulation 5 deals with staff governors. This category includes both teaching and non-teaching staff and the head teacher of the school. The head teacher is a staff governor by virtue of his position but may resign his governorship (or withdraw his resignation) at any time. Schedule 2 deals with the election process for the other staff governors.
Regulation 6 deals with the appointment of LEA governors.
Regulation 7 sets out who is eligible for appointment as a community governor.
Regulation 8 deals with the appointment of foundation governors, including ex officio foundation governors and substitute governors.
Regulation 10 and Schedule 5 make provision for the appointment of an optional category of sponsor governor.
Regulation 11 provides for the appointment of persons who are not governors (known as associate members) to committees of the governing body.
Part 3 – Composition of Governing Bodies
Regulation 19 sets out the requirements to be observed by a person wishing to exercise the power of nominating or appointing a governor. Regulation 20 provides for surplus governors to serve out their term of office.
Part 4 – Qualifications and Tenure of Office
Regulation 22 provides that (with some exceptions) a governor’s term of office is a maximum of 4 years. In the event that an ex officio foundation governor is unable or unwilling to take up office, a substitute governor may be appointed. Regulation 23 sets out the procedure for resigning as a governor. Regulations 24 to 27 provide for the removal of governors who have been appointed (rather than elected) to office.
Part 5 – Instrument of Government