Statutory Instruments 1999 No. 2163
The Education (School Government) (England) Regulations 1999 - continued

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SCHEDULE 5
Regulations 15 and 50


QUALIFICATIONS AND DISQUALIFICATIONS


General
     1.  - (1) No person shall be qualified for membership of a governing body of a school unless he is aged 18 or over at the date of his election or appointment.

    (2) No person shall at any time hold more than one governorship of the same school.

    (3) Subject to paragraphs 12 and 15, the fact that a person is qualified to be elected or appointed as a governor of a particular category at a school does not disqualify him for election or appointment or for continuing as a governor of any other category at that school.

Mental disorder
     2. A person shall be disqualified for holding or for continuing to hold office as a governor of a school at any time when he is liable to be detained under the Mental Health Act 1983[21].

Governor of more than two schools
     3.  - (1) A person shall be disqualified for holding office as a governor of a school if, were he to continue in office as such on transition to the new schools framework, or be appointed or elected to that office, he would, on the date on which he would have so continued in office or on which the appointment or election would have taken effect, be a member of the governing body of more than two schools.

    (2) For the purposes of sub-paragraph (1) no account shall be taken of ex officio governorships, temporary governorships, or additional governorships of governors appointed under section 27 of the School Inspections Act 1996[22] or section 16 or 18 of the 1998 Act.

    (3) Sub-paragraph (4) applies to a person who continues in office on transition to the new schools framework as, or who becomes, an ex officio member of the governing body of a relevant school and is an ex officio member of the governing body of more than two relevant schools.

    (4) A person to whom this sub-paragraph applies shall be disqualified for continuing to hold office as an ex officio governor of any relevant school unless that school is for the time being a designated school.

    (5) For the purposes of sub-paragraph (4), a designated school is a school designated by the ex officio governor, in accordance with sub-paragraph (6), by notice in writing to the clerk to the governing body of the school and to the clerk to the governing body of any other relevant school whose instrument of government provides for him to be an ex officio member.

    (6) A person to whom sub-paragraph (4) applies may designate one or two maintained schools provided that the number of governing bodies of relevant schools of which he will be an ex officio member shall be no more than two.

    (7) For the purposes of this paragraph, a relevant school is a maintained school at which the governing body conducting the school are constituted or partly constituted under an instrument of government made under Schedule 12 to the 1998 Act.

Failure to attend meetings
     4.  - (1) This paragraph shall apply in the case of any governor of a school who is not an ex officio governor.

    (2) Such a governor who, without the consent of the governing body concerned, has failed to attend the meetings thereof for a continuous period of six months beginning with the date of a meeting, shall, on the expiry of that period, be disqualified for continuing to hold office as a governor of that school.

    (3) Where a governor has sent an apology to the clerk to the governing body before a meeting which he does not propose to attend, the minutes of the meeting shall record the governing body's consent or otherwise to his absence and a copy of the minutes shall be sent to the governor concerned at his normal place of residence.

    (4) In relation to a governor who has continued in office on transition to the new schools framework, the period before 1st September 1999 shall be taken account of in considering whether the governor has failed to attend meetings of the governing body for a continuous period of six months for the purposes of sub-paragraph (2).

    (5) A foundation governor, LEA governor, representative governor, partnership governor or co-opted governor who has been disqualified as a governor of a school under sub-paragraph (2) shall not be qualified for nomination or appointment as a governor of the same category at that school during the twelve months immediately following his disqualification under sub-paragraph (2).

Bankruptcy
     5. A person shall be disqualified for holding or continuing to hold office as a governor of a school if-

    (1) he has been adjudged bankrupt or sequestration of his estate has been awarded and (in either case) he has not been discharged and the bankruptcy order has not been annulled or rescinded;

    (2) he has made a composition or arrangement with, or granted a trust deed for, his creditors and has not been discharged in respect of it.

Disqualification of company directors
     6. A person shall be disqualified for holding or for continuing to hold office as a governor of a school at any time when he is subject to a disqualification order under the Company Directors Disqualification Act 1986[23] or to an order made under section 429(2)(b) of the Insolvency Act 1986[24] (failure to pay under county court administration order).

Disqualification of charity trustees
     7. A person shall be disqualified for holding or for continuing to hold office as a governor of a school if-

    (1) he has been removed from the office of charity trustee or trustee for a charity by an order made by the Charity Commissioners or the High Court on the grounds of any misconduct or mismanagement in the administration of the charity for which he was responsible or to which he was privy, or which he by his conduct contributed to or facilitated; or

    (2) he has been removed, under section 7 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990[25] (powers of Court of Session to deal with management of charities), from being concerned in the management or control of any body.

Persons whose employment is prohibited or restricted
     8.  - (1) A person shall be disqualified for holding or for continuing to hold office as a governor of a school at any time when he is included in the list of teachers and workers with children or young persons whose employment is prohibited or restricted.

    (2) In sub-paragraph (1), "the list" means the list kept for the purposes of regulations made under section 218(6) of the Education Reform Act 1988[26].

Persons disqualified for being proprietors of independent schools
     9. A person shall be disqualified for holding or continuing to hold office as a governor of a school at any time when he is, by virtue of an order made under section 470 or section 471 of the 1996 Act, disqualified for being the proprietor of any independent school or for being a teacher or other employee in any school.

Criminal convictions
     10.  - (1) Subject to sub-paragraph (6) below, a person shall be disqualified for holding, or for continuing to hold, office as a governor of a school where any of sub-paragraphs (3) to (5) or (7) below apply to him.

    (2) In cases where a member of a governing body has continued in office as a governor of a school on transition to the new framework, in this paragraph, a reference to a person's appointment or election as governor, or becoming a governor ex officio, is a reference to his original appointment or election as a governor, or becoming a governor ex officio, within the terms of the 1996 Act.

    (3) This sub-paragraph applies to a person if-

    (a) within the period of five years ending with the date immediately preceding the date on which his appointment or election as governor would otherwise have taken effect or, as the case may be, on which he would otherwise have become a governor ex officio; or

    (b) since his appointment or election as governor or, as the case may be, since he became a governor ex officio, he has been convicted, whether in the United Kingdom or elsewhere, of any offence and has had passed on him a sentence of imprisonment (whether suspended or not) for a period of not less than three months without the option of a fine.

    (4) This sub-paragraph applies to a person if within the period of 20 years ending with the date immediately preceding the date on which his appointment or election as governor would otherwise have taken effect or, as the case may be, on which he would otherwise have become a governor ex officio, he has been convicted as aforesaid of any offence and has had passed on him a sentence of imprisonment for a period of not less than two and a half years.

    (5) This sub-paragraph applies to a person if he has at any time been convicted as aforesaid of any offence and he has had passed on him a sentence of imprisonment for a period of not less than five years.

    (6) For the purposes of sub-paragraphs (3) to (5) above, there shall be disregarded any conviction by or before a court outside the United Kingdom of an offence which, if the facts giving rise to the offence had taken place in any part of the United Kingdom, would not have constituted an offence under the law in force in that part of the United Kingdom.

    (7) This sub-paragraph applies to a person if-

    (a) within the period of five years ending with the date immediately preceding the date on which his appointment or election as governor would otherwise have taken effect or, as the case may be, on which he would otherwise have become a governor ex officio; or

    (b) since his appointment or election as governor or, as the case may be, since he became a governor ex officio, he has been convicted under section 547 of the 1996 Act (nuisance and disturbance on education premises) of an offence which took place on the premises of a school maintained by a local education authority or a grant-maintained school, and has been sentenced to a fine.

Notification to clerk
     11. Where, by virtue of any paragraphs 5 to 10-

    (a) a person becomes disqualified for holding, or for continuing to hold, office as a governor of a school; and

    (b) he is, or is proposed, to become such a governor, he shall upon becoming so disqualified give written notice of that fact to the clerk to the governing body of the school.

Co-opted governor
     12. A person shall be disqualified for appointment as a co-opted governor of a school other than an additional co-opted governor if he is-

    (a) a registered pupil at the school;

    (b) eligible to be a staff governor or a teacher governor of the school; or

    (c) an elected member of the local education authority.

Parent governor
     13. A person shall be disqualified for appointment[27] as a parent governor of a school if he is-

    (a) an elected member of the local education authority,

    (b) an employee of the local education authority; or

    (c) an employee of the governing body of any school maintained by the local education authority;
unless he is a parent of a registered pupil at the school.

     14. A person shall not be disqualified for continuing to hold office as a parent governor when he ceases to be a parent of a registered pupil at the school or to fulfil any of the requirements set out in paragraphs 5 or 6 of Schedule 2.

Partnership governors
     15. A person shall be disqualified for nomination or appointment as a partnership governor of a school if he is-

    (a) a parent of a registered pupil at the school;

    (b) eligible to be a staff governor or a teacher governor of the school; or

    (c) an elected member or employee of the local education authority.

Teacher and staff governors
     16. A teacher governor or a staff governor of a school shall, upon ceasing to be employed to work at the school, be disqualified for continuing to hold office as such a governor.



SCHEDULE 6
Regulation 57


RESTRICTIONS ON PERSONS TAKING PART IN PROCEEDINGS OF THE GOVERNING BODY OR THEIR COMMITTEES


Interpretation
     1.  - (1) In this Schedule, any reference, however expressed-

    (a) to a meeting of a school is a reference to a meeting of the governing body, or a committee of the governing body of a school;

    (b) to a relevant person present at a meeting of a school, so far as it concerns voting, is a reference only-

      (i) in the case of a meeting of the governing body, to a member of the governing body so present; and

      (ii) in the case of a meeting of a committee, to a member of the committee who is entitled to vote;

    (c) to a person's spouse includes someone living with that person as if he or she were that person's spouse.

Pecuniary interests
     2.  - (1) Subject to sub-paragraphs (5), (6) and (7), if a relevant person has any pecuniary interest, direct or indirect, in any contract, proposed contract or other matter and is present at a meeting of a school at which the contract or other matter is the subject of consideration, he shall at the meeting, and as soon a practicable after its commencement, disclose that fact and withdraw from the meeting during the consideration or discussion of the contract or matter and he shall not vote on any question with respect to the contract or matter.

    (2) Subject to this paragraph, a governor of a school or any member of a committee of the governing body of a school may enter into a contract with the governing body of that school from which he is entitled to profit.

    (3) For the purposes of this paragraph, a person shall be treated as having an indirect pecuniary interest in a contract, proposed contract or other matter if-

    (a) he or any nominee of his is a member, or he is an employee, of a corporation or other body with which the contract was made or is proposed to be made or which has a direct pecuniary interest in the matter under consideration, or

    (b) he is a partner, or is in the employment, of a person with whom the contract was made or is proposed to be made or who has a direct pecuniary interest in the matter under consideration: provided that a person shall not by virtue of this sub-paragraph be treated as having such an interest by reason only of his membership of, or employment by, any public body; or by reason of his membership of a corporation or other body if he has no financial interest in any securities of that corporation or other body.

    (4) For the purposes of this paragraph, a person shall be treated as having a direct or indirect pecuniary interest in a contract, proposed contract or other matter if a relative (including his spouse) living with him, to his knowledge has, or would be treated as having, such an interest, direct or indirect.

    (5) For the purposes of this paragraph, a member of the governing body or of a committee of the governing body of a school who is a person employed to work at the school as a teacher, or the head teacher, whether he is a governor or not, shall not be treated as having a direct or indirect pecuniary interest in a contract, proposed contract or other matter by reason only-

    (a) of having an interest in the contract or matter which is no greater than the interest of the generality of teachers employed to work at the school;

    (b) of the fact that the contract or matter under consideration or discussion concerns the exercise by the governing body of any of their functions relating to the curriculum for the school; or

    (c) of the fact that the contract or matter under consideration or discussion involves expenditure by the governing body.

    (6) For the purposes of this paragraph, a member of the governing body or of a committee of the governing body of a school who is a person employed to work at the school otherwise than as a teacher, shall not be treated as having a direct or indirect pecuniary interest in a contract, proposed contract or other matter by reason only-

    (a) of having an interest in the contract or matter which is no greater than the interest of the generality of persons employed to work at the school otherwise than as teachers;

    (b) of the fact that the contract or matter under consideration or discussion concerns the exercise by the governing body of any of their functions relating to the curriculum for the school; or

    (c) of the fact that the contract or matter under consideration or discussion involves expenditure by the governing body.

    (7) Members of the governing body shall not, by reason of their pecuniary interest in the matter, be prevented from considering and voting upon proposals for the governing body to take out insurance protecting its members against liabilities incurred by them arising out of their office and the governing body shall not, by reason of the pecuniary interest of its members, be prevented from obtaining such insurance and paying the premiums.

    (8) In this paragraph, "securities" shall be interpreted in accordance with section 142 of the Financial Services Act 1986[28].

Office of governor, chairman or clerk
     3.  - (1) This sub-paragraph applies where a relevant person is present at a meeting of the school at which a subject of consideration is-

    (a) his own appointment, reappointment or removal as a member of the governing body or a committee of the governing body;

    (b) his own appointment or removal from office as clerk to or chairman or vice-chairman of the governing body or clerk to or chairman of a committee of the governing body; or

    (c) if he is an additional co-opted governor nominated by a particular category of person, any determination under paragraph 15(1) of Schedule 9 to the 1998 Act as to the provision in the instrument of government for additional co-opted governors nominated by that category of person.

    (2) In any case where sub-paragraph (1) applies, the relevant person shall withdraw from the meeting during the consideration or discussion of the matter in question and shall not vote on any question with respect to that matter.

Pay or appraisal of persons working at the school
     4.  - (1) This sub-paragraph applies where a relevant person who is employed to work at a school other than as head teacher is present at a meeting of the school at which a subject of consideration is the pay or performance appraisal of any particular person employed to work at the school.

    (2) This sub-paragraph applies where a head teacher of a school is present at a meeting of the school at which a subject of consideration is his own pay or performance appraisal.

    (3) In any case where sub-paragraph (1) or (2) applies, the person first-mentioned in that sub-paragraph shall withdraw from the meeting during the consideration or discussion of the matter in question and shall not vote on any question with respect to that matter.



SCHEDULE 7
Regulation 58


TRANSITIONAL PROVISIONS


Qualifications and Disqualifications
     1. Regulation 15 and Schedule 5 shall apply in relation to any member of a transitional governing body constituted under an instrument of government in accordance with regulation 18(2) of the First Transitional Regulations but shall not apply in relation to any member of-

     2. In relation to England, regulation 23 of and Schedule 6 to the First Transitional Regulations, and regulations 21, 40 and 53 of, and Schedule 6 to the Second Transitional Regulations, are revoked.

     3.  - (1) In relation to England, for regulation 13(10) of the First Transitional Regulations there is substituted the following paragraph-

        " (10) This regulation is subject to regulation 14 (surplus governors) and paragraphs 1 to 11, 14 and 16 of Schedule 5 to the Education (School Government) (England) Regulations 1999 (qualifications and disqualifications).".

    (2) In relation to England, for regulation 33(8) of the Second Transitional Regulations there is substituted the following paragraph-

        " (8) This regulation is subject to regulation 34 (surplus governors) and paragraphs 1 to 11, 14 and 16 of Schedule 5 to the Education (School Government) (England) Regulations 1999 (qualifications and disqualifications).".

Term of office
     4.  - (1) A governor who continues as a governor of a school (other than as head teacher or as an ex officio foundation governor) pursuant to regulation 13 of the First Transitional Regulations, regulation 13 of the First Transitional Regulations as it applies by virtue of regulation 20 of those Regulations, or regulation 33 of the Second Transitional Regulations, shall hold office for the remainder of the term for which he was originally appointed or elected, but for no longer than four years from 1st September 1999.

    (2) A governor appointed by the local education authority under regulation 19(4) of the First Transitional Regulations or regulation 30(4) of the Second Transitional Regulations shall hold office for a term of four years.

    (3) In relation to England, for regulation 57(7) of the Second Transitional Regulations there shall be substituted the following paragraph-

        " (7) Subject to paragraph (6), any governor to whom this regulation applies, other than a governor appointed by the Secretary of State under section 18 of the 1998 Act, shall hold office for the remainder of the term for which he was appointed, but for no longer than four years from the appointed day.".

     5. Any co-opted governor (other than an additional co-opted governor) appointed for the purposes of the constitution or reconstitution of the governing body and referred to in regulation 14(3), 35(1) or 47(3) of the Second Transitional Regulations shall hold office for the term of one year.

     6. In relation to England, the following regulations are revoked-

    (a) regulation 22 of the First Transitional Regulations;

    (b) regulations 20, 39 and 52 of the Second Transitional Regulations.

Removal
     7.  - (1) For the purposes of regulation 18(1), any initial foundation governor (within the meaning of the 1996 Act) on the transitional governing body of a former grant-maintained school under regulation 19 of the First Transitional Regulations shall be treated as having been appointed by the person or persons entitled immediately before 1st September 1999 to appoint foundation governors under provision included in the instrument of government (in accordance with section 228(7)(b) of the 1996 Act).

    (2) The power of removal in regulation 18(1) does not apply in respect of-

    (a) a first governor within the meaning of the 1996 Act; or

    (b) a parent governor within the meaning of the 1996 Act who has been appointed rather than elected.

    (3) The power of removal in regulation 18(4) does not apply in respect of any co-opted governor on transition to the new schools framework under the 1998 Act unless the governing body conducting the school is constituted or partly constituted under the instrument of government.

Clerks and chairmen at new schools on transition to the new framework
     8.  - (1) This paragraph applies in relation to a school or proposed school-

    (a) to which regulation 13 of the School Organisation Regulations applies; or

    (b) to which regulation 13 of the Second Transitional Regulations applies.

    (2) In this paragraph, "transitional governing body" has the meaning in the Second Transitional Regulations.

    (3) Where this paragraph applies, the person who on 31st August 1999 was the clerk to or the chairman or vice-chairman of the temporary governing body (within the meaning of the 1996 Act) shall continue in office from 1st September 1999 on the temporary governing body or transitional governing body, as the case may be.

    (4) Subject to sub-paragraph (3), provisions in Part IV relating to the clerk to the temporary governing body, and provisions in regulation 31 relating to the chairman and vice-chairman of the temporary governing body, shall apply in relation to the clerk, chairman and vice-chairman (as the case may be) of any school to which this paragraph applies.

Clerks at degrouping schools
     9.  - (1) In this regulation "grouped school" means any school treated for the purposes of the Second Transitional Regulations as a school grouped under section 89 or 280 of the Education Act 1996 immediately before 1st September 1999 and "grouped governing body" means the governing body of such a school as constituted under the 1996 Act or regulation 49 of the Second Transitional Regulations, as the case may be.

    (2) The person who was the clerk to the grouped governing body shall act as clerk to each governing body constituted under an instrument of government who succeed them in accordance with the Second Transitional Regulations, pending the appointment of each such governing body's clerk.

Amendment of the First and Second Transitional Regulations in relation to co-opted governors
     10.  - (1) In relation to England, the First Transitional Regulations are amended-

    (a) by the omission of regulation 16(3) and the omission of the word "additional" in regulation 16(4);

    (b) by the omission of Schedule 3 to those Regulations.

    (2) In relation to England, the Second Transitional Regulations are amended-

    (a) by the omission of regulation 16(2) and the omission of the word "additional" in regulation 16(3);

    (b) by the omission of regulation 36(3) and the omission of the word "additional" in regulation 36(4);

    (c) by the omission of Schedule 3.

Miscellaneous
     11. In relation to England, in regulation 42(2)(b) of the Second Transitional Regulations after "paragraph 4 or 9 of" there shall be inserted "Schedule 6 to".




Notes:

[21] 1983 c. 20.back

[22] 1996 c. 57. See regulation 57 of the Second Transitional Regulations.back

[23] 1986 c. 46.back

[24] 1986 c. 45.back

[25] 1990 c. 40.back

[26] 1988 c. 40. Section 218 of the 1998 Act has been amended by paragraph 17 of Schedule 30 to the 1998 Act.back

[27] This paragraph does not apply to elected parent governors.back

[28] 1986 c. 60.back

[29] The First Transitional Regulations and the Second Transitional Regulations provide for disqualification requirements in relation to members of the transitional governing bodies specified in paragraph 1(a) and (b) of Schedule 7 to follow disqualification requirements under the 1996 Act.back


 
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