Title and commencement

1.  The title of these Regulations is the Government of Maintained Schools (Wales) (Amendment) Regulations 2020 and they come into force on 18 December 2020.

Interpretation

2.  In these Regulations, "remote access" means access to a meeting to enable those who are not all present together at the same place to attend and participate simultaneously by electronic means, including by live audio and live video link.

Amendments to the Government of Maintained Schools (Wales) Regulations 2005

3.-(1) The Government of Maintained Schools (Wales) Regulations 2005(3) are amended as follows.

(2) In regulation 45, after paragraph (1) insert-

"(1A) The governing body may decide to hold a meeting by remote access provided that the following conditions are met-

(a) the participants will be able to fully make representations or discharge their functions (as the case may be);

(b) the participants agree to the meeting being held using remote access;

(c) each participant has access to the electronic means to allow them to hear and be heard and (where using a live video link) see and be seen, throughout the meeting; and

(d) the meeting is capable of being held fairly and transparently."

(3) In regulation 47-

(a) omit paragraph (2);

(b) in paragraph (3), for "immediately before the entry recording the minutes of that meeting in the book or pages used for that purpose" substitute "in the minutes of that meeting";

(c) after paragraph (4) insert-

"(5) The minutes and agenda drawn up for the purposes of this regulation may be kept in electronic form and where that is the case the minutes may be signed electronically."

(4) In regulation 60, after paragraph (3) insert-

"(3A) Committee meetings may be held by remote access provided that the following conditions are met-

(a) the participants will be able to fully make representations or discharge their functions (as the case may be);

(b) the participants agree to the meeting being held using remote access;

(c) each participant has access to the electronic means to allow them to hear and be heard and (where using a live video link) see and be seen, throughout the meeting; and

(d) the meeting is capable of being held fairly and transparently."

(5) In regulation 61, after paragraph (2) insert-

"(3) The minutes and agenda drawn up for the purposes of this regulation may be kept in electronic form and where that is the case the minutes may be signed electronically."

(6) In Schedule 5-

(a) omit paragraph 4 (mental disorder);

(b) in paragraph 7(b), for "a disqualification order under Part 2 of the Companies (Northern Ireland) Order 1989" substitute "a disqualification order under the Company Directors Disqualification (Northern Ireland) Order 2002(4)";

(c) in paragraph 8(b), for "section 7 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990" substitute "section 34 of the Charities and Trustee Investment (Scotland) Act 2005(5)".

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Government of Maintained Schools (Wales) Regulations 2005 (S.I. 2005/2914 (W. 211)).

These Regulations provide that meetings of governing bodies and of governing body committees may be held by remote access if the requisite conditions are met.

They remove the requirement for the clerk, or a person acting as clerk to a governing body or a governing body committee, to enter minutes of proceedings in a book or pages kept for that purpose.

They also remove the requirement for the clerk to record the names of those members of the governing body or the committee and of any other person present at the meeting concerned in the book or pages used for that purpose.

These Regulations enable governing bodies and committees to keep the minutes and agenda in electronic form and for the minutes to be signed electronically.

These Regulations remove the provision disqualifying a person from holding or continuing in office as a governor when he or she is liable to be detained under the Mental Health Act 1983.

The Welsh Ministers' Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to these Regulations. As a result, a regulatory impact assessment has not been prepared as to the likely cost and benefit of complying with these Regulations.