The School Governance (Constitution) (England) Regulations 2007

Regulation 22

SCHEDULE 6 Qualifications and disqualifications

General

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

(2) No person is qualified to be a 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 an associate member appointed under regulation 11.

2.  No person may at any time hold the office of more than one governor of the same school.

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

Mental disorder

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

Failure to attend meetings

5.—(1) This paragraph applies to any governor who is not a governor by virtue of his office.

(2) A governor, who, without the consent of the governing body, has failed to attend their meetings for a continuous period of six months beginning with the date of the first such meeting he failed to attend, is, on the expiry of that period, disqualified from continuing to hold office as a governor of that school.

(3) A foundation governor (other than an ex officio foundation governor), LEA governor, community governor, partnership governor or sponsor governor who has been disqualified as a governor of a school under sub-paragraph (2) is not qualified for election, nomination or appointment as a governor of any category at that school during the twelve months immediately following his disqualification under sub-paragraph (2).

Bankruptcy

6.  A person is disqualified from holding or continuing to hold office as a governor of a 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

7.  A person is disqualified from holding, or from continuing to hold, office as a governor of a 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 trustees

8.  A person is disqualified from holding or from continuing to hold office as a governor of a 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 to which he contributed or which he facilitated by his conduct; 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

9.  A person is disqualified from holding or from continuing to hold office as a governor of a 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

10.—(1) Subject to sub-paragraph (5) below, a person is disqualified from holding, or continuing to hold, office as a governor of a 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 governor would otherwise have taken effect or, as the case may be, on which he would otherwise have become a governor by virtue of his office, or

(b) since his appointment or election as governor or, as the case may be, since he became a 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 governor would otherwise have taken effect or, as the case may be, on which he would otherwise have become a governor by virtue of his office, 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.

(4) 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.

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

(b) since his appointment or election as governor or, as the case may be, since he became a 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 and has been sentenced to a fine.

Refusal to make an application for a criminal records certificate

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

Notification to clerk

12.  Where, by virtue of any of paragraphs 6 to 10—

(a) a person is disqualified from holding, or from continuing to hold, office as a governor of a school; and

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

he must give notice of that fact to the clerk to the governing body.

(1)

1983 c.20.

(2)

1986 c.46.

(3)

S.I. 1989/2404 (N.I. 18). This has been prospectively repealed by the Companies Act 2006.

(4)

S.I. 2002/3150 (N.I. 4).

(5)

1986 c.45.

(6)

2005 asp 10.

(7)

1999 c.14; as amended by the Care Standards Act 2000 (2000 c.14).

(8)

2000 c.43.

(9)

1989 c.41.

(10)

2006 c.21.

(11)

As amended by SSFA 1998 and by section 206 of and Schedule 20 to EA 2002 and by section 6 of and Schedule 1 to the Education and Inspections Act 2006 (c.40).

(12)

1992 c.13; inserted by section 206 of and Schedule 20 to EA 2002.

(13)

1997 c.50; inserted by section 163 of the Serious Organised Crime and Police Act 2005 (2005 c.15).