The Education (Transition to New Framework) (New Schools, Groups and Miscellaneous) Regulations 1999

Regulations 21, 40 and 53

SCHEDULE 6 QUALIFICATIONS AND DISQUALIFICATIONS

1.  In this Schedule, unless the context otherwise requires, any reference to a maintained school means a maintained school to which Part II, III or IV of these Regulations applies and at which the governing body is constituted under an instrument of government (and consequently does not include a maintained school with a transitional governing body, a GM transitional governing body or a grouped transitional governing body).

2.—(1) No person shall be qualified for membership of a governing body of a maintained school unless he is aged 18 or over at the date of his election or appointment.

(2) No person shall at any time hold more than one governorship of the same maintained school.

(3) Subject to paragraphs 6 and 9, the fact that a person is qualified to be elected or appointed as a governor of a particular category at a maintained school does not disqualify him for election or appointment or from continuing as a governor of any other category at that school.

3.—(1) A person who would otherwise continue in office as, or be appointed or elected to be, a member of the governing body of a maintained school shall not so continue as or be so appointed or elected if this would mean that he would be a member of the governing body of more than two relevant schools.

(2) For the purposes of sub-paragraph (1) no account shall be taken of ex officio governorships or additional governorships under section 27 of the School Inspections Act 1996(1) or section 16 or 18 of the 1998 Act.

(3) Sub-paragraph (4) applies to a person who continues in office as, or becomes, an ex officio member of the governing body of a maintained school nand is an ex officio member of the governong body of more than two relevant schools.

(4) A person to whom this sub-paragraph applies shall be disqualified for continuing to hold office as an ex officio governor of any maintained school unless that school is for the time being a designated school.

(5) For the purposes of sub-paragraph (4), a designated school is a school designated by the ex officio governor, in accordance with sub-paragraph (6), by notice in writing to the clerk to the governing body of the school and to the clerk to the governing body of any other relevant school whose instrument of government provides for him to be an ex officio member.

(6) A person to whom sub-paragraph (4) applies may designate one or two maintained schools provided that the number of governing bodies of relevant schools of which he will be an ex officio member shall be no more than two.

(7) For the purpose of this paragraph, a relevant school is a maintained school at which the governing body conducting the school are constituted or partly constituted under an instrument of government made under Schedule 12 to the 1998 Act, whether or not these Regulations apply to that school.

4.—(1) Subject to the following provisions of this paragraph, a person shall be disqualified for holding or for continuing to hold office as a governor of a maintained school if he has been adjudged bankrupt or has made a composition or arrangement with his creditors; and a member or proposed member of the governing body of a maintained school on becoming so disqualified, shall give written notice of that fact to the clerk to the governing body of the school which will be or is a maintained school.

(2) Where a person is disqualified by reason of his having been adjudged bankrupt, that disqualification shall cease—

(i) on his discharge from bankruptcy; or

(ii) if the bankruptcy order is previously annulled, on the date of the annulment.

(3) Where a person is disqualified by reason of his having made a composition or arrangement with his creditors and he pays his debts in full, the disqualification shall cease on the date on which the last such payment is made and in any other case it shall cease on the expiration of three years from the date on which the terms of the deed of composition or arrangement are fulfilled.

5.—(1) Subject to sub-paragraph (6), a person shall be disqualified for holding, or for continuing to hold, office as a governor of a maintained school where any of sub-paragraphs (3) to (5) or (7) apply to him.

(2) In cases where a member of a GM transitional governing body has continued in office as a governor of a maintained school, in this paragraph, a reference to a person’s appointment or election as governor, or becoming a governor ex officio, is a reference to his original appointment or election as a governor, or becoming a governor ex officio, within the meaning of the 1996 Act.

(3) 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 or election as governor would otherwise have taken effect or, as the case may be, on which he would otherwise have become a governor ex officio; or

(b) since his appointment or election as governor or, as the case may be, since he became a governor ex officio,

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.

(4) 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 or election as governor would otherwise have taken effect or, as the case may be, on which he would otherwise have become a governor ex officio, 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.

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

(6) For the purposes of sub-paragraphs (3) to (5) 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.

(7) 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 or election as governor would otherwise have taken effect or, as the case may be, on which he would otherwise have become a governor ex officio; or

(b) since his appointment or election as governor or, as the case may be, since he became a governor ex officio,

he has been convicted under section 547 of the 1996 Act (nuisance and disturbance on education premises) of an offence which took place on the premises of a school maintained by a local education authority or a grant-maintained school, and has been sentenced to a fine.

(8) Where, by virtue of this paragraph—

(a) a person becomes disqualified for holding, or for continuing to hold, office as a governor of a maintained school; and

(b) he is, or is proposed, to become such a governor,

he shall upon becoming so disqualified give written notice of that fact to the clerk to the governing body of the school which will be or is a maintained school.

6.  A person shall be disqualified for appointment as a co-opted governor of a maintained school other than an additional co-opted governor if he is—

(a) a registered pupil at the school;

(b) eligible to be a staff governor or a teacher governor of the school; or

(c) an elected member of the local education authority.

7.  A person shall be disqualified for appointment as a parent governor of a maintained school if he is—

(a) an elected member of the local education authority;

(b) an employee of the local education authority; or

(c) an employee of the governing body of any school maintained by the local education authority, or any grant-maintained school or grant-maintained special school situated in the area of the local education authority;

unless he is a parent of a registered pupil at the school.

8.  A person shall not be disqualified for continuing to hold office as a parent governor when he ceases to be a parent of a registered pupil at the school.

9.  A person shall be disqualified for nomination or appointment as a partnership governor of a maintained school if he is—

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

(b) eligible to be a staff governor or a teacher governor at the school; or

(c) an elected member or employee of the local education authority.

10.  A teacher governor or a staff governor of a maintained school shall, upon ceasing to be employed at the school, be disqualified for continuing to hold office as such a governor.

(1)

1996 c. 57.