The School Governance (New Schools) (England) Regulations 2007

Regulation 25

SCHEDULE 2Qualifications and Disqualifications

General

1.—(1) A person is disqualified from holding, or from continuing to hold, office as a temporary governor of a new school at any time when he is or is likely to become a registered pupil at the new school.

(2) No person is qualified to be a temporary governor unless he is aged 18 or over at the date of his election or appointment.

(3) Sub-paragraphs (1) and (2) do not apply to a temporary associate member appointed under regulation 14.

2.  No person may at any time hold more than one temporary governorship of the same new school.

3.  Save as otherwise provided in these Regulations, the fact that a person is qualified to be elected or appointed as a temporary governor of a particular category at a new school does not disqualify him from election or appointment or from continuing as a temporary governor of any other category at that school.

Mental disorder

4.  A person is disqualified from holding or continuing to hold office as a temporary governor of a new school at any time when he is detained under the Mental Health Act 1983(1).

Bankruptcy

5.  A person is disqualified from holding or continuing to hold office as a temporary governor of a new school if—

(a)his estate has been sequestrated and the sequestration has not been discharged, annulled or reduced; or

(b)he is the subject of a bankruptcy restrictions order or an interim order.

Disqualification of company directors

6.  A person is disqualified from holding, or from continuing to hold, office as a temporary governor of a new school at any time when he is subject to—

(a)a disqualification order or disqualification undertaking under the Company Directors Disqualification Act 1986(2);

(b)a disqualification order under Part 2 of the Companies (Northern Ireland) Order 1989(3);

(c)a disqualification undertaking accepted under the Company Directors Disqualification (Northern Ireland) Order 2002(4); or

(d)an order made under section 429(2)(b) of the Insolvency Act 1986(5) (failure to pay under county court administration order).

Disqualification of charity trustee

7.  A person is disqualified from holding or continuing to hold office as a temporary governor of a new school if—

(a)he has been removed from the office of trustee for a charity by an order made by the Charity Commissioners or the High Court on the grounds of any misconduct or mismanagement in the administration of the charity for which he was responsible or to which he was privy, or which he by his conduct contributed to or facilitated; or

(b)he has been removed, under section 34 of the Charities and Trustee Investment (Scotland) Act 2005(6) (powers of Court of Session), from being concerned in the management or control of any body.

Persons whose employment is prohibited or restricted

8.  A person is disqualified from holding or continuing to hold office as a temporary governor of a new school at any time when he is—

(a)included in the list kept under section 1 of the Protection of Children Act 1999(7) (list of those considered by the Secretary of State as unsuitable to work with children);

(b)subject to a direction of the Secretary of State under section 142 of EA 2002 (or any other disqualification, prohibition or restriction which takes effect as if contained in such a direction);

(c)disqualified from working with children under sections 28, 29 or 29A of the Criminal Justice and Court Services Act 2000(8);

(d)disqualified from registration under Part 10A of the Children Act 1989(9) for child minding or providing day care; or

(e)disqualified from registration under Part 3 of the Childcare Act 2006(10).

Criminal convictions

9.—(1) Subject to sub-paragraph (5), a person is disqualified from holding, or continuing to hold, office as a temporary governor of a new school where any of sub-paragraphs (2) to (4) or (6) below apply to him.

(2) 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 a temporary governor would otherwise have taken effect or, as the case may be, on which he would otherwise have become a temporary governor by virtue of his office; or

(b)since his appointment or election as temporary governor or, as the case may be, since he became a temporary governor by virtue of his office,

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.

(3) 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 temporary governor would otherwise have taken effect or, as the case may be, on which he would otherwise have become a temporary governor by virtue of his office, he has been convicted of any offence, whether in the United Kingdom or elsewhere, and has had passed on him a sentence of imprisonment for a period of not less than two and a half years.

(4) This sub-paragraph applies to a person if he has at any time been convicted, whether in the United Kingdom or elsewhere, of any offence and he has had passed on him a sentence of imprisonment for a period of not less than five years.

(5) For the purposes of sub-paragraphs (2) to (4) above, 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 must be disregarded.

(6) 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 temporary governor would otherwise have taken effect or, as the case may be, on which he would otherwise have become a temporary governor by virtue of his office; or

(b)since his appointment or election as temporary governor or, as the case may be, since he became a temporary governor by virtue of his office,

he has been convicted under section 547 of EA 1996(11) (nuisance or disturbance on school premises) or under section 85A of the Further and Higher Education Act 1992(12) (nuisance or disturbance on educational premises) of an offence which took place on the premises of a maintained school, and has been sentenced to a fine.

Refusal to make an application for a criminal records certificate

10.  A person is disqualified from holding or continuing to hold office as a temporary governor at any time if he refuses a request by the clerk to the temporary governing body to make an application under section 113A of the Police Act 1997(13) for a criminal records certificate.

Notification to clerk

11.  Where, by virtue of any of paragraphs 5 to 10—

(a)a person becomes disqualified from holding, or continuing to hold, office as a temporary governor; and

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

he must upon becoming so disqualified give notice of that fact to the clerk to the temporary governing body.