3.—(1) Regulation 55 of the Government of Maintained Schools (Wales) Regulations 2005(1) is amended as follows.
(2) For paragraph (3) substitute—
“(3) The staff disciplinary committee must include not less than three governors, but where allegations are made against a member of staff that that member of staff has caused harm to a registered pupil at the school the committee must include not less that two governors and an independent person who is not a governor.
(3A) For the purposes of paragraph (3) “harm” (“niwed”) means physical, sexual or emotional abuse.”.
(3) For paragraph (4A) substitute—
“(4A) A person is not to be regarded as independent for the purposes of paragraphs (3) and (4) if the person—
(a)is a member of the governing body making the appointment;
(b)is a parent of a current or former registered pupil of the school;
(c)is a current or former member of staff of the school;
(d)is a member or employee of the local authority that maintains the school;
(e)is a trustee of the school;
(f)is a member of the appropriate diocesan authority for the school; or
(g)appoints the foundation governors to the school governing body.”.