Office of Public Sector Information
9.—(1) In these Regulations “parent member” means—
(a) a person who is elected in accordance with paragraphs 2 to 6 of Schedule 1 as a member by parents of registered pupils at the unit (or, as the case may be, at all the units in the group of units), and is himself a parent of a registered pupil at the unit (or, as the case may be, any unit in the group of units) at the time when he is elected; or
(b) a person appointed as a parent member in accordance with paragraphs 7 and 8 of Schedule 1.
(2) A person is disqualified from election or appointment as a parent member if he is—
(a) an elected member of the authority; or
(b) disqualified under regulation 10(2).
(3) A person is not disqualified from continuing to hold office as a parent member when he ceases to be a parent of a registered pupil at the unit (or, as the case may be, any unit in the group of units) or to fulfil any of the requirements set out in paragraph 8 of Schedule 1 unless he is otherwise disqualified under these Regulations.
10.—(1) In these Regulations “staff member” means—
(a) the teacher in charge of a unit (or, in the case of a group of units, the teacher in charge of one of the units); or
(b) a person who is elected in accordance with paragraphs 9 to 11 of Schedule 1 as a member by persons who are paid to work wholly or mainly at the unit (or, as the case may be, any unit in the group of units) and is himself a person so working at the time when he is elected.
(2) A person who is eligible for election as a staff member and who is paid to work at that unit for more than 500 hours in each academic year is not eligible for election or appointment as a member under regulation 9, 11, 12 or 13.
(3) Upon ceasing to work at that unit, a staff member is to be disqualified from continuing to hold office as such a member.
11.—(1) In these Regulations “authority appointed member” means a person who is appointed as a member by the authority (other than a staff member, a community member, or a sponsor member appointed by the authority under regulation 5(b)).
(2) A person is disqualified from appointment as an authority appointed member if he is eligible to be a staff member.
12.—(1) In these Regulations “community member” means a person who is appointed as a member by the committee (or by the authority under regulation 5(b)) and who is—
(a) a person who lives or works in the community served by the unit (or, as the case may be, the group of units); or
(b) a person who, in the opinion of the committee (or in the case of a community member appointed under regulation 5(b), the authority), is committed to the good government and success of the unit (or, as the case may be, the group of units).
(2) A person is disqualified from appointment as a community member if he is—
(a) eligible to be a staff member of the committee; or
(b) an elected member of the authority.
13. In these Regulations “sponsor member” means a person who is nominated as a sponsor member and is appointed as such by the committee in accordance with paragraphs 12 to 14 of Schedule 1 (or is appointed as a sponsor member by the authority under regulation 5(b)).
14.—(1) The instrument of government is to specify the size and membership of the committee, which is to be no fewer than 7 and no more than 20 members (disregarding any sponsor members).
(2) The instrument of government is to specify the numbers of members from each of the following categories of member to be elected or appointed—
(a) parent member;
(b) staff member;
(c) authority appointed member;
(d) community member;
(e) sponsor member.
(3) In calculating the number of members required in each category in accordance with paragraph (5), the number must be rounded up or down to the nearest whole number.
(4) In calculating the number of staff members required, the teacher in charge must be included whether or not he has resigned his membership.
(5) Of the total number of members—
(a) at least one but no more than one fifth must be parent members;
(b) at least one but no more than one third must be staff members;
(c) at least one but no more than one third must be authority appointed members;
(d) at least one but no more than two may be sponsor members; and
(e) the number of community members must out number all the other members listed in sub-paragraphs (a) to (d ).
15. Where any person makes an appointment or nominates a person to be appointed to the committee he must give written notice of the appointment or the nomination to the clerk to the committee, specifying the name and usual place of residence of the person appointed or nominated.
16. Schedule 2 sets out the circumstances in which a person is qualified for or disqualified from holding or continuing in office as a member.
17.—(1) Subject to paragraphs (2) to (4), a member is to hold office for a fixed period of four years from the date of his election or appointment.
(2) Paragraph (1) does not apply to any staff member who is the teacher in charge of a unit, who may hold office for as long as he is the teacher in charge.
(3) The instrument of government may specify a shorter term of office for a particular category of member, being not less than one year.
(4) This regulation does not prevent a member from—
(a) being elected or appointed for a further term, except as otherwise provided in these regulations;
(b) resigning his office in accordance with regulation 18(1);
(c) being removed from office in accordance with regulation 19; or
(d) being disqualified, by virtue of any provision of these Regulations, from holding or continuing to hold office.
18.—(1) A member may at any time resign his office by giving written notice to the clerk to the committee.
(2) The teacher in charge of a unit may withdraw his resignation at any time by giving written notice to the clerk to the committee.
19.—(1) Any authority appointed member may be removed from office by the authority, who must give written notice thereof to the clerk to the committee, and to the member so removed.
(2) Any community or sponsor member may be removed from office by the committee in accordance with the procedure set out in regulation 20.
(3) A nominating body proposing the removal of a community or a sponsor member must inform the clerk to the committee, and the member in question, in writing of the reasons why it is proposing his removal.
(4) The committee may, in accordance with the procedure set out in regulation 20, remove any community member, or any sponsor member, at the request of the nominating body.
(5) In this regulation, “nominating body” means any person from whom nominations were sought for the purpose of appointing, and who nominated, the member in question.
(6) Any parent member appointed by the committee under paragraphs 7 and 8 of Schedule 1 may be removed by the committee in accordance with the procedure set out in regulation 20.
20.—(1) This regulation applies in relation to the removal of a member from office in accordance with regulation 19.
(2) A resolution to remove a member from office which is passed at a meeting of the committee will not have effect unless—
(a) in relation to the removal of a member who has been nominated by a nominating body, before the committee resolve to remove the member from office, the clerk to the committee gives the reasons for removal provided by the nominating body (as appropriate), and the member whom it is proposed to remove is given an opportunity to make a statement in response;
(b) in relation to the removal of a community, sponsor or parent member, before the committee resolve to remove the member from office, the member or members proposing his removal state, at that meeting, their reasons for doing so, and the member who it is proposed to remove is given an opportunity to make a statement in response;
(c) it is confirmed by a resolution passed at a second meeting of the committee held not less than fourteen days after the first meeting; and
(d) the matter of the member’s removal from office is specified as an item of business on the agenda for each of those meetings.
The Education (Pupil Referral Units) (Management Committees Etc.) (England) Regulations 2007