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The Federation of Maintained Schools (Wales) Regulations 2014

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Suspension of governors

61.—(1) Subject to paragraphs (2), (3) and (4), the governing body may by resolution suspend a governor for all or any meetings of the governing body, or of a committee, for a fixed period of up to six months on one or more of the following grounds—

(a)that the governor, being a person paid to work at the federation or federated school, is the subject of disciplinary proceedings in relation to that person’s employment;

(b)that the governor is the subject of proceedings in any court or tribunal, the outcome of which may be that that person is disqualified from continuing to hold office as a governor under Schedule 7;

(c)that the governor has acted in a way that is inconsistent with the ethos or with the religious character of a federated school and has brought or is likely to bring the federation, a federated school, the governing body or that person’s office into disrepute; or

(d)that the governor is in breach of that person’s duty of confidentiality to the federation or a federated school or to any member of staff or to any pupil at the federation or a federated school.

(2) A resolution to suspend a governor from office does not have effect unless the matter is specified as an item of business on the agenda for the meeting of which notice has been given in accordance with regulation 57(7).

(3) Before a vote is taken on a resolution to suspend a governor, the governor proposing the resolution must at the meeting state their reasons for doing so, and the governor who is the subject of the resolution must be given the opportunity to make a statement in response before withdrawing from the meeting in accordance with regulation 75(2).

(4) Nothing in this regulation is to be read as affecting the right of a governor who has been suspended—

(a)to receive notices of, and agendas and reports or other papers for, meetings of the governing body; or

(b)to attend a meeting of the governing body convened in accordance with regulation 41 to consider that person’s removal from office;

during the period of suspension.

(5) Nothing in this regulation is to be read as preventing a governing body from suspending a governor who has been suspended under paragraph (1) for a further fixed period or periods, whether or not on the same ground as that of the original suspension, and paragraphs (1) to (4) apply in relation to each suspension.

(6) A governor is not disqualified from continuing to hold office under paragraph 5 of Schedule 7 for failure to attend any meeting of the governing body while suspended under this regulation.

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