The School Governance (Constitution and Federations) (England) (Amendment) Regulations 2016 come into effect, in part, on 18 March 2016, and in full on 1 September 2016. These regulations will amend the earlier 2012 regulations relating to the requirements for governing bodies of maintained Schools to apply for an enhanced criminal record certificate for their governors.

Currently, maintained Schools rely on governors to self-disclose their criminal convictions. The Government therefore believes that the below changes will provide reassurance to the Governing Body that individuals are not disqualified from holding office as a governor.

These changes will bring maintained Schools in line with the requirements in place for Academies and Free Schools.

A summary of the changes that will be made are as follows:

  • Where a governor of a maintained school does not hold an enhanced criminal record certificate then the governing body must apply for one by 1 September 2016 or within 21 days of the governor's appointment (if they were appointed or elected on or after 1 April 2016);
  • A governing body of a federation must include two parent governors (elected by parents or appointed by the governing body). In the case of a temporary governing body of two or more maintained schools who will be federating, the governing body must include two temporary parent governors.