Disqualification from membership of governing bodies–criminal convictions
7.—(1) A person shall be disqualified for holding, or for continuing to hold, office as a governor of any school if, within five years before his appointment or election would otherwise have taken effect or since his appointment or election or, as the case may be, within five years before he would otherwise have become anex officio governor or while such a governor, he has been convicted in the United Kingdom, the Channel Islands or the Isle of Man 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.
(2) A person shall be disqualified for holding, or for continuing to hold, office as a governor of a particular school if within five years before his appointment or election as a governor of that school would otherwise have taken effect or since that appointment or election or, as the case may be, within five years before he would otherwise have become anex officio governor of that school or while such a governor of that school, he has been convicted of an offence under section 40 of the Local Government (Miscellaneous Provisions) Act 1982(1) (nuisance and disturbance on education premises) which took place on the premises of that school or, where that school is a new school, on the premises of a school which is, in relation to that new school, a discontinued school.
(3) For the purposes of paragraph (2) above, a school is a discontinued school if–
(a)the school is to be discontinued; and
(b)the pupils at the school, or a substantial number of those pupils, are expected to transfer to the new school.
(4) Where, by virtue of this regulation, a person becomes disqualified for holding office as a governor of any school of which he is, or was seeking to become, a governor he shall, upon becoming so disqualified, give notice of the fact to the clerk to the governing body of the school.
1982 c. 30; section 40 was amended by the Criminal Justice Act 1982 (c. 48), section 46.