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The Education (Pupil Referral Units) (Management Committees etc.) (Wales) Regulations 2014

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Regulations 9, 10, and 13

SCHEDULE 1Election and appointment of members

1.  The authority may delegate to the teacher in charge of a unit any of its functions under this Schedule.

Election and appointment of parent members

2.  Subject to paragraphs 1 and 3 to 6, the authority must make all the necessary arrangements for the election of parent members.

3.  The duty imposed by paragraph 2 does not include power to impose any requirements as to the minimum number of votes required to be cast for a member to be elected.

4.  Any election which is contested must be held by secret ballot.

5.—(1) The arrangements made under paragraph 2 must provide for every person who is entitled to vote to have an opportunity to do so by post.

(2) For the purposes of sub–paragraph (1), “post” (“post”) includes delivery by hand.

(3) The arrangements made under paragraph 2 may provide for every person who is entitled to vote to have an opportunity to do so by electronic means.

6.  Where a vacancy for a parent member arises, the authority must take such steps as are reasonably practicable to secure that every person who is known to them to be a parent of a registered pupil at the unit or one of the units is—

(a)informed of the vacancy and that it is required to be filled by election;

(b)informed that he is entitled to stand as a candidate and vote in the election; and

(c)given the opportunity to do so.

7.  The number of parent members required must be made up by parent members appointed by the committee if one or more vacancies for parent members arises and the number of parents standing for election is less than the number of vacancies.

8.—(1) The committee may only appoint as a parent member—

(a)a parent of a registered pupil at the unit;

(b)a parent of a former registered pupil at the unit;

(c)a parent of a pupil registered at another unit, or at a maintained school in the area of the authority;

(d)a parent of a child of compulsory school age; or

(e)any parent.

(2) The committee may only appoint a person referred to in sub-paragraph (1)(b), (c), (d) or (e) if there is no other person to be appointed from sub-paragraph (1)(a).

Election of staff members

9.  Subject to paragraphs 1, 10 and 11, the authority must make all the necessary arrangements for the election of staff members.

10.  The duty imposed by paragraph 9—

(a)includes the power to make provision as to qualifying dates; but

(b)does not include the power to impose any requirements as to the minimum number of votes required to be cast for a candidate to be elected.

11.  Any election which is contested must be held by secret ballot.

Appointment of sponsor members

12.  In this Schedule, “sponsor” (“noddwr”) in relation to a unit means—

(a)a person who gives or has given substantial financial assistance (which for these purposes includes benefits in kind) to the unit other than pursuant to statutory obligation; or

(b)any other person (not being otherwise represented on the committee) who provides or has provided substantial services to the unit.

13.  Where the unit has one or more sponsors, the instrument of government may provide for the appointment of such number of sponsor members, not exceeding two, nominated in accordance with paragraph 14.

14.  Nominations must be sought for such appointments from the sponsor or (as the case may be) from one or more of the sponsors.

Regulation 16

SCHEDULE 2Qualifications and disqualifications

General

1.  A person is disqualified from holding or from continuing to hold office as a member at any time when that person is a registered pupil at a unit.

2.  No person is qualified to be a member unless that person is aged 18 or over at the date of that person’s election or appointment.

3.  Save as otherwise provided in these Regulations, the fact that a person is qualified to be elected or appointed as a member of a particular category does not disqualify that person from election or appointment or from continuing as a member of any other category.

Mental disorder

4.  A person is disqualified from holding or for continuing to hold office as a member at any time when that person is liable to be detained under the Mental Health Act 1983(1) or under any re-enactment or statutory modification of that Act in force from time to time.

Failure to attend meetings

5.—(1) This paragraph applies to any member who is not a member by virtue of that person’s office.

(2) A member, who, without the consent of the committee, has failed to attend the meetings thereof for a continuous period of six months beginning with the date of the first such meeting that person failed to attend, is, on the expiry of that period, disqualified from continuing to hold office as a member of that committee.

(3) Where a member has sent an apology to the clerk to the committee before a meeting which that person does not propose to attend, the minutes of the meeting must record the committee’s consent or otherwise to the absence and a copy of the minutes must be sent to the member concerned at that person’s normal place of residence.

(4) A member who has been disqualified as a under sub-paragraph (2) is not qualified for election, nomination or appointment as a member of any category at that unit during the twelve months immediately following that person’s disqualification under sub-paragraph (2).

Bankruptcy

6.  A person is disqualified from holding or continuing to hold office as a member if—

(a)that person has been adjudged bankrupt or sequestration of that person’s estate has been awarded and (in either case) that person has not been discharged and the bankruptcy order has not been annulled or rescinded or a moratorium period under a debt relief order applies in relation that person; or

(b)that person has made a composition or arrangement with, or granted a trust deed for, that person’s creditors and has not been discharged in respect of it.

Disqualification of company directors

7.  A person is disqualified from holding or from continuing to hold office as a member at any time when that person is subject to—

(a)a disqualification order or disqualification undertaking under the Company Directors Disqualification Act 1986(2);

(b)a disqualification order under Part 2 of the Companies (Northern Ireland) Order 1989(3);

(c)a disqualification undertaking accepted under the Company Directors Disqualification (Northern Ireland) Order 2002(4); or

(d)an order made under section 429(2)(b) of the Insolvency Act 1986(5) (failure to pay under county court administration order).

Disqualification of charity trustees

8.  A person is disqualified from holding or from continuing to hold office as a member if—

(a)that person has been removed from the office of 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 that person was responsible or to which that person was privy, or to which that person contributed or which that person facilitated by that person’s conduct; or

(b)that person has been removed, under section 34 of the Charities and Trustee Investment (Scotland) Act 2005(6) (powers of Court of Session to deal with management of charities), from being concerned in the management or control of any body.

Persons whose employment is prohibited or restricted

9.  A person is disqualified from holding or from continuing to hold office as a member at any time when that person is—

(a)included in the list of teachers and workers with children or young persons whose employment is prohibited or restricted under section 1 of the Protection of Children Act 1999(7);

(b)subject to a direction of the Welsh Ministers or the Secretary of State under section 142 of the 2002 Education Act(8);

(c)disqualified from working with children under sections 28, 29 or 29A of the Criminal Justice and Court Services Act 2000(9);

(d)disqualified from registration under Part XA of the Children Act 1989(10) for childminding or providing day care;

(e)disqualified from registration under Part 3 of the Childcare Act 2006(11);

(f)barred from regulated activity relating to children in accordance with section 3(2) of the Safeguarding Vulnerable Groups Act 2006(12);

(g)subject to a direction by the appropriate authority under section 167A of the 2002 Education Act(13);

(h)by virtue of an order made under section 470 or section 471 of the 1996 Education Act, disqualified from being the proprietor of any independent school or from being a teacher or other employee in any school; or

(i)disqualified from registration under Part 2 of the Children and Families (Wales) Measure 2010.

Criminal convictions

10.—(1) Subject to sub-paragraph (5), a person is disqualified from holding, or continuing to hold, office as a member 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 member would otherwise have taken effect or, as the case may be, on which that person would otherwise have become a member by virtue of that person’s office; or

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

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

that person has been convicted under section 547 of the 1996 Education Act(14) (nuisance or disturbance on school premises) or under section 85A of the Further and Higher Education Act 1992(15) (nuisance and disturbance on educational premises) of an offence and has been sentenced to a fine.

Refusal to make an application for a criminal records certificate

11.  A person is disqualified from holding or continuing to hold office as a member at any time when that person refuses a request by the clerk to the committee to make an application under section 113B of the Police Act 1997(16) for a criminal records certificate.

Notification to clerk

12.  Where—

(a)by virtue of any of paragraphs 6 to 11 a person is disqualified from holding, or for continuing to hold, office as a member of a committee; and

(b)that person is, or is proposed to become, a member;

that person must give notice of that fact to the clerk to the committee.

Regulation 21

SCHEDULE 3Application, with modifications, of Part 7, 8, 9 and 10 of the Government of Maintained Schools (Wales) Regulations 2005

1.  Wherever they appear in Parts 7, 8, 9 and 10 of the Government of Maintained Schools (Wales) Regulations 2005—

(a)for references to the “governing body” substitute references to the “committee”;

(b)for references to a “governor” substitute references to a “member”;

(c)for references to the “school” substitute references to the “unit or, as the case may be, the group of units”; and

(d)for references to a “committee” substitute references to a “sub-committee of the committee”.

Appointment, functions and removal of officers

2.  In regulation 39—

(a)in paragraph (1) omit “and to section 18 of the 1998 Act (power of National Assembly for Wales to appoint additional governors)”; and

(b)in paragraph (6) omit “and to section 18 of the 1998 Act”.

3.  In regulation 39(5)(c), omit “or replaced by a chair nominated by the National Assembly for Wales pursuant to section 18 of the 1998 Act”.

4.  In regulation 41(1), omit “unless he or she has been nominated by the National Assembly for Wales pursuant to section 18 of the 1998 Act”.

5.  In regulation 42—

(a)in paragraph (1) omit “with the governing body or”;

(b)in paragraph (2) for “The governing body must” substitute “The authority must”;

(c)in paragraph (3) for sub-paragraph (c) substitute—

(c)the teacher in charge of the unit or, as the case may be, of any unit in the group of units.;

(d)in paragraph (5) for “The governing body may” substitute “The authority may”; and

(e)omit paragraph (6).

6.  In regulation 43(1) for sub-paragraph (e) substitute—

(e)give and receive notices in accordance with regulations 15 (notification of appointments) and 18 (resignation) of, and paragraph 12 of Schedule 2 (notification to clerk) to the Education (Pupil Referral Units) (Management Committees etc.) (Wales) Regulations 2014 and regulations 39(4) and 45(4) of these Regulations;.

Meetings and proceedings of governing bodies

7.  In regulation 44 for paragraph (b) substitute—

(b)the teacher in charge of the unit or, as the case may be, of each unit in the group of units, whether or not that person is a member;.

8.  Omit regulation 44A.

9.  In regulation 45—

(a)in paragraph (4) for sub-paragraph (b) substitute—

(b)the teacher in charge of the unit or, as the case may be, of each unit in the group of units, whether or not that person is a member;; and

(b)in paragraph (6) omit sub-paragraph (d).

10.  In regulation 46—

(a)in paragraph (1) omit “any associate pupil governors”;

(b)in paragraph (2) omit “(excluding any associate pupil governors)”; and

(c)omit paragraphs (2A) and (4).

11.  In regulation 49—

(a)in paragraph (1)(b) for “Schedule 5” substitute “Schedule 2 to the Education (Pupil Referral Units) (Management Committees etc.) (Wales) Regulations 2014”;

(b)in paragraph (1)(c) omit “or with the religious character”; and

(c)in paragraph (6) for “paragraph 5 of Schedule 5” substitute “paragraph 5 of Schedule 2 to the Education (Pupil Referral Units) (Management Committees etc) (Wales) Regulations 2014”.

12.  In regulation 50(1)—

(a)omit the words from “regulation 3(2)” to “2000”; and

(b)for sub-paragraph (c) substitute—

(c)the teacher in charge of the unit or, as the case may be, of any of the units in the group of units, whether or not that person is a member.

13.  For regulation 51 substitute—

(1) The committee may not delegate under regulation 50(1) its functions under—

(a)regulations 39 and 41 (election and removal of chair and vice chair);

(b)regulation 42 (appointment and removal of clerk to the governing body);

(c)regulation 49 (suspension of governors);

(d)regulation 50 (delegation of functions);

(e)regulation 54 (establishment of committees); and

(f)regulations 7 (review of instrument of government), 9 (parent members), 12 (community members), 13 (sponsor members), 19 (removal of members) and 20 (procedure for removal of members by the committee) of the Education (Pupil Referral Units) (Management Committees etc.) (Wales) Regulations 2014.

(2) The committee may not delegate to an individual under regulation 50(1)—

(a)its functions in section 88 of the Education and Inspections Act 2006; or

(b)the functions that must be delegated to the committee specified in regulation 56.

14.  In regulation 52, for paragraph (1)(b) substitute—

(b)the teacher in charge of the unit or, as the case may be, of any of the units in the group of units, whether or not that person is a member;.

Committees of governing bodies

15.  Omit regulations 55 and 57.

16.  In regulation 58—

(a)for paragraph (1) substitute—

(1) The authority must appoint a clerk to each sub-committee, who must not be the teacher in charge of the unit or, as the case may be, of any unit in the group of units.;

(b)omit paragraph (2); and

(c)in paragraph (4) for “governing body” substitute “authority” and omit “of their”.

17.  In regulation 59—

(a)for paragraph (1)(b) substitute—

(b)the teacher in charge of the unit or, as the case may be, of each unit in the group of units, whether or not that person is a member of the sub-committee; and

(b)omit paragraph (3).

18.  In regulation 63 in paragraph (1)(a) for “the head teacher (whether or not he or she is a governor)” substitute “the teacher in charge of the unit or, as the case may be, of each unit in the group of units, whether or not that person is a member”.

(3)

No. 2404 (N.I. 18).

(4)

No. 3150 (N.I. 4).

(7)

1999 c. 14; and as saved by article 5 of the Safeguarding Vulnerable Groups Act 2006 (Commencement No.6, Transitional Provisions and Savings) Order 2009 (S.I. 2009/2611).

(8)

Repealed for certain purposes by the Safeguarding Vulnerable Groups Act 2006 c. 47 (see section 63).

(9)

2000 c. 43; sections 28, 29 and 29A have been repealed for certain purposes by section 63 of the Safeguarding Vulnerable Groups Act 2006.

(10)

1989 c. 41. Repealed by section 73 of the Children and Families (Wales) Measure 2010 (nawm 1) and is not yet in force.

(13)

Section 167A was inserted by section 169 of the Education and Inspections Act 2006 (c. 40), but it is not yet in force.

(14)

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

(15)

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

(16)

1997 (c. 50); inserted by section 163 of the Serious Organised Crime and Police Act 2005 (c. 15). Subsections (2A) and (12) were inserted, and subsection (6) was amended, by the Police Act 1997 (Criminal Records) (Electronic Communications) Order 2009 (S.I. 2009/203). Paragraph (a) of subsection (10) was substituted for paragraphs (a) and (b) as originally enacted by paragraph 149 of Schedule 16 to the Armed Forces Act 2006 (c. 52).

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