The Government of Maintained Schools (Wales) Regulations 2005

Pecuniary interests

1.—(1) For the purposes of regulation 63(2), a pecuniary interest in a contract, proposed contract or other matter includes a case where—

(a) a relevant person was nominated or appointed to office by a person with whom the contract was made or is proposed to be made; or

(b) a relevant person is a partner of a person with whom the contract was made or is proposed to be made; or

(c) a relative of a relevant person (including his or her spouse, civil partner within the meaning of the Civil Partnership Act 2004(1) or someone living with that person as if he or she were that person’s spouse or civil partner) to the knowledge of that person has, or would be treated as having, such an interest.

(2) For the purposes of regulation 63(2) a relevant person is not to be treated as having a pecuniary interest in any matter—

(a) provided his or her interest in the matter is no greater than the interest of the generality of those paid to work at the school;

(b) by reason only of the fact that he or she was nominated or appointed to office by, is a member of, or is employed by, any public body; or

(c) by reason only of the fact that he or she is a member of a corporation or other body if he or she has no financial interest in any securities of that corporation or other body.

(3) A governor is not, by reason of his or her pecuniary interest in the matter, prevented from considering and voting upon proposals for the governing body to take out insurance protecting members against liabilities incurred by them arising out of their office and the governing body shall not, by reason of the pecuniary interest of its members, be prevented from obtaining such insurance and paying the premiums.

(4) A governor is not prevented from considering or voting upon any proposal regarding allowances to be paid in accordance with the Governor Allowances (Wales) Regulations 2005(2) by reason that he or she has an interest in the payment of such allowances to members of the governing body generally but a member of a governing body or any committee thereof must withdraw from a meeting during a consideration or discussion of, and must not vote on, whether he or she should receive a particular allowance, the amount of any payment or any question about an allowance that has been paid to him or her.

(1)

2004 c. 33.

(2)

S.I. 2005/2915 (W. 212).