The Federation of Maintained Schools (Wales) Regulations 2014

Criminal convictions

10.—(1) Subject to sub-paragraph (5), a person is disqualified from holding, or continuing to hold, office as a governor of a federation where any of sub-paragraphs (2) to (4) or (6) apply to that person.

(2) 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 that person’s appointment or election as governor would otherwise have taken effect or, as the case may be, on which that person would otherwise have become a governor by virtue of that person’s office; or

(b) since that person’s appointment or election as governor or, as the case may be, since that person became a governor by virtue of that person’s office;

that person has been convicted, whether in the United Kingdom or elsewhere, of any offence and has had passed on them a sentence of imprisonment (whether suspended or not) for a period of not less than three months without the option of a fine.

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

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

(5) For the purposes of sub-paragraphs (2) to (4), 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 in that part of the United Kingdom under the law in force at the time the facts given rise to the offence had taken place, must be disregarded.

(6) 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 that person’s appointment or election as governor would otherwise have taken effect or, as the case may be, on which that person would otherwise have become a governor by virtue of that person’s office; or

(b) since that person’s appointment or election as governor or, as the case may be, since that person became a governor by virtue of that person’s office;

that person has been convicted under section 547 of the 1996 Act(1) (nuisance or disturbance on school premises) or under section 85A of the Further and Higher Education Act 1992(2) (nuisance or disturbance on educational premises) of an offence and has been sentenced to a fine.

(1)

As amended by paragraph 163 of Schedule 30 to the 1998 Act and by section 206 of, and Schedule 20, to the 2002 Act and by section 6 of, and Schedule 1 to, the Education and Inspections Act 2006 (c.40).

(2)

1992 c.13; inserted by section 206 of and Schedule 20 to the 2002 Act.