The Education (School Government) Regulations 1989

Regulation 14

SCHEDULE WITHDRAWAL FROM MEETINGS

1.—(1) In this Schedule any reference to a person present at a meeting of the governing body of a school is a reference to a member thereof, head teacher or other person so present except that, so far as concerns voting, it is a reference only to a member thereof so present.

(2) In relation to the person who is the clerk to the governing body, paragraph 5(1)(e) of this Schedule shall have effect but none of the other provisions of this Schedule relating to withdrawal from meetings shall have effect except that, during any period for which the withdrawal of the clerk would be required but for this sub-paragraph, he shall not act in any capacity other than that of clerk.

2.—(1) Subject to sub-paragraph (4), if a person has any pecuniary interest, direct or indirect, in any contract, proposed contract or other matter and is present at a meeting of the governing body at which the contract or other matter is the subject of consideration, he shall at the meeting and as soon as practicable after its commencement disclose the fact and–

(a) take no part in the consideration or discussion of the contract or matter;

(b) unless the governing body otherwise allow, withdraw from the meeting during such consideration or discussion; and

(c) not vote on any question with respect to the contract or matter.

(2) For the purposes of this paragraph a person shall be treated as having an indirect pecuniary interest in a contract, proposed contract or other matter if–

(a) he or any nominee of his is a member of a company or other body with which the contract was made or is proposed to be made or which has a direct pecuniary interest in the matter under consideration; or

(b) he is a partner, or is in the employment, of a person with whom the contract was made or is proposed to be made or who has a direct pecuniary interest in the matter under consideration:

Provided that a person shall not by virtue of this sub-paragraph be treated as so having such an interest by reason only of his membership of, or employment under, any public body or by reason only of his membership of a company or other body if he has no financial interest in any securities of that company or other body.

(3) For the purposes of this paragraph a person shall be treated as having a direct or indirect pecuniary interest in a contract, proposed contract or other matter if a relative (including his spouse) living with him, to his knowledge has, or would be treated as having, such an interest, direct or indirect.

(4) For the purposes of this paragraph, a governor of a school who is a teacher at that school, or the head teacher, whether he is a governor or not, shall not be treated as having a direct or indirect pecuniary interest in a contract, proposed contract or other matter by reason only–

(a) of having an interest in the contract, proposed contract or matter which is no greater than the interest of the generality of teachers at the school;

(b) of the fact that the contract, proposed contract or matter under consideration or discussion concerns the exercise by the governing body of any of their functions relating to–

(i) the curriculum for the school; or

(ii) the management of the school’s budget share under any scheme prepared by the local education authority under section 33 of the Education Reform Act 1988(1); or

(c) of the matter under consideration or discussion being whether to pass a resolution (whether a first or second resolution) under section 60(1)(a) of the Education Reform Act 1988 (which relates to the initiation of procedure for acquisition of grant-maintained status).

3.—(1) This paragraph shall apply if a person is present at a meeting of the governing body of a school (including a meeting of a selection panel) at which the subject of consideration is, in the case either of the person himself or of a relative (including his spouse) living with him–

(a) that person’s appointment to a post as a teacher or otherwise at the school; or

(b) where that person is employed as a teacher or otherwise at the school, his transfer from one post to another or his promotion or retirement.

(2) The person first mentioned in sub-paragraph (1) shall–

(a) take no part in the consideration or discussion of the matter in question;

(b) unless the governing body otherwise allow, withdraw from the meeting during such consideration or discussion; and

(c) not vote on any question with respect to that matter.

(3) In this paragraph, “selection panel” means–

(a) a selection panel such as is referred to as in regulation 28; and

(b) a selection panel appointed under paragraph 1(8) of Schedule 3 to the 1988 Act (which relates to the appointment of head teachers and deputy head teachers in schools during financial delegation).

4.—(1) This paragraph shall apply where a person who himself, or whose relative (including his spouse) living with him, is employed as a teacher or otherwise at a school (“the relevant employee”) is present at a meeting of the governing body thereof (including a meeting of a selection panel) at which the subject of consideration is the transfer from one post to another, dismissal, promotion, retirement or suspension of another person so employed, if the said transfer, dismissal, promotion, retirement or suspension would result in a vacant post for which the relevant employee could be a candidate.

(2) The person first mentioned in sub-paragraph (1) shall–

(a) take no part in the consideration or discussion of the matter in question;

(b) unless the governing body otherwise allow, withdraw from the meeting during such consideration or discussion; and

(c) not vote on any question with respect to that matter.

(3) In this paragraph, “selection panel” has the same meaning as in paragraph 3.

5.—(1) Subject to sub-paragraph (2), if a person–

(a) being a pupil or his parent, is present at a meeting of the governing body of a school at which the admission of, or disciplinary action against, that pupil is the subject of consideration;

(b) being a pupil or his parent, is present at such a meeting at which, arising out of an alleged incident involving that pupil, disciplinary action against another pupil is the subject of consideration;

(c) having made allegations, or having been a witness of an alleged incident, is present at a meeting at which, arising out of those allegations or that incident, disciplinary action against a pupil or against a person employed as a teacher or otherwise at the school is the subject of consideration;

(d) having been concerned in a capacity other than that of a governor (whether as a head teacher or otherwise) with disciplinary action taken against a pupil or against a person employed as a teacher or otherwise at the school, is present at such a meeting at which an appeal against that disciplinary action is the subject of consideration; or

(e) being a person employed as a teacher or otherwise at the school or being the clerk to the governing body of the school, is present at any such meeting at which disciplinary action against him is the subject of consideration;

he shall withdraw from the meeting during the discussion or consideration of the matter in question and shall not vote on any question with respect thereto.

(2) The provisions of sub-paragraph (1) relating to withdrawal during the discussion or consideration of the matter referred to in sub-paragraph (1)(c) shall not have effect–

(a) in relation to the chief education officer or the representative of that officer, where he is such a person as is mentioned above by reason only of sub-paragraph (1)(c); or

(b) in relation to the head teacher where he is exercising his right of attendance under paragraph 8(9) of Schedule 3 to the 1988 Act (which relates to the dismissal of staff);

but they shall not vote on any question with respect to the matter.

(3) In this and the following paragraph any reference to disciplinary action includes a reference to suspension and expulsion or dismissal.

6.  If a person who is a relative (other than a parent) of a pupil is present at a meeting of the governing body of a school at which the subject of discussion is–

(a) the admission of, or disciplinary action against, that pupil; or

(b) disciplinary action against another pupil arising out of an alleged incident involving the pupil first mentioned in this paragraph;

he shall, at the meeting and as soon as practicable after its commencement, disclose the relationship.

7.  Without prejudice to the preceding provisions of this Schedule, if a person employed as a teacher or otherwise at a school is present at a meeting of the governing body thereof at which–

(a) his conduct;

(b) his continued employment at the school;

(c) the appointment of a successor to him;

is the subject of consideration or discussion he shall (where a member of the governing body) not vote on any question with respect to that matter and (whether or not such a member), save and so far as the governing body otherwise allow, shall–

(i) take no part in the consideration or discussion of the matter in question; and

(ii) withdraw from the meeting during such consideration or discussion.

8.  References in this Schedule to a head teacher include (where the context so admits) references to a head teacher entitled to attend the meetings of the governing body by virtue of regulation 11.

(1)

1988 c. 40.