The Foundation Body Regulations 1999

Regulation 3

SCHEDULE 1 INSTRUMENT OF GOVERNMENT

The instrument of government for adoption by the foundation body shall state–

(a) the name of the foundation body;

(b) the names of the schools in the group;

(c) the composition consisting of–

(i) one governor member appointed by each school in the group, and

(ii) a number of community members equal to one less than the total number of governor members;

(d) provisions as to meetings (the first meeting shall be held within twelve months from the implementation date and with no more than 13 months between each meeting);

(e) any particular character, mission or ethos for the group accepted by its members.

Regulation 10

SCHEDULE 2 DISQUALIFICATION FOR HOLDING OFFICE

Bankruptcy

1.  A person shall be disqualified for holding, or continuing to hold, office as a member of a foundation body if–

(a) he has been adjudged bankrupt or sequestration of his estate has been awarded and (in either case) he has not been discharged;

(b) 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

2.  A person shall be disqualified for holding, or for continuing to hold, office as a member of a foundation body at any time when he is subject to a disqualification order under the Company Directors Disqualification Act 1986(1) or to an order made under section 429(2)(b) of the Insolvency Act 1986(2) (failure to pay under county court administration order).

Disqualification of charity trustees

3.  A person shall be disqualified for holding, or for continuing to hold, office as a member of a foundation body if–

(a) 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

(b) he has been removed, under section 7 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990(3) (powers of Court of Session to deal with management of charities), from being concerned in the management or control of any body.

Criminal convictions

4.—(1) Subject to sub-paragraph (5) below, a person shall be disqualified for holding, or for continuing to hold, office as a member of a foundation body where any of sub-paragraphs (2) to (4) or (6) below apply to him.

(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 his appointment would otherwise have taken effect;

(b) since his appointment,

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.

(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 his appointment would otherwise have taken effect, 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.

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

(5) For the purposes of sub-paragraphs (2) to (4) 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.

(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 his appointment would otherwise have taken effect; or

(b) since his appointment,

he has been convicted under section 547 of the Education Act 1996 (nuisance and disturbance on school premises) and has been sentenced to a fine.

Notice to clerk

5.  Where, by virtue of this Schedule a member becomes disqualified for holding, or for continuing to hold, office as a member, he shall give written notice of that fact to the clerk.

(1)

1986 c. 46.

(2)

1986 c. 45.

(3)

1990 c. 40.