The Education (Pupil Referral Units) (Management Committees etc.) (England) Regulations 2007

Regulations 9, 10, and 13

SCHEDULE 1 Election and appointment of members

1.  The authority may delegate to the teacher in charge of a unit any of their 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 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” 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 it is not reasonably practicable to appoint a person referred to in the sub-paragraph which immediately precedes it.

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 ballot.

Appointment of sponsor members

12.  In this Schedule, “sponsor” 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.