The Education (School Government) (Wales) Regulations 1999

PART VII RESTRICTIONS ON PERSONS TAKING PART IN PROCEEDINGS

57.—(1) In this regulation and in Schedule 7—

(a) any reference to a school is a reference to a maintained school or a new school which is, or will be, a maintained school;

(b) “relevant person” means a member of the governing body, a member of a committee of the governing body, the head teacher or any person acting as clerk to the governing body or committee;

(c) any reference, however expressed, to a committee of the governing body includes, where applicable, a selection panel.

(2) Subject to any exception in these Regulations and to any other statutory provision—

(a) where in relation to any matter there may be a conflict between the interests of a relevant person and the interests of the governing body, or

(b) where a fair hearing is required and there is any reasonable doubt about a relevant person’s ability to act impartially in relation to any matter,

that person, if present at a meeting of the governing body or a committee of the governing body at which the matter is the subject of consideration, shall withdraw from the meeting and not vote on the matter in question.

(3) Nothing in this regulation or in Schedule 7 shall be construed as precluding the governing body, or a committee of the governing body—

(a) from allowing a person who appears to them to be able to give evidence to attend any hearing conducted by them into any matter and to present his evidence; or

(b) from hearing representations from a relevant person acting in a capacity other than that of a relevant person.

(4) Any person who is acting as the clerk to the governing body or a committee of the governing body shall not be required to withdraw from a meeting by this regulation or Schedule 7, unles his pay or disciplinary action against him is the subject of consideration, but if paragraph (2) or Schedule 7 would have otherwise required him to withdraw, he shall not act in any capacity other than that of clerk.

(5) A governor or member of a committee of a governing body shall not be prevented from considering or voting upon any matter by reason that he is a member of the governing body or a member of the committee of a governing body at more than one school and that the interests of any school at which he is a governor or a member of a committee conflict with the interests of any other school at which he is a governor or a member of a committee.

(6) Where there is any dispute as to whether a relevant person is required by this regulation or by Schedule 7 to withdraw from a meeting and not vote, that question shall be determined by the other members of the governing body or committee present at the meeting.

(7) Schedule 7 makes provision in connection with specified conflicts of interest and cases where a relevant person is required to withdraw from a meeting or not vote.