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The Education (School Government) Regulations 1989

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Proceedings and minutes

14.—(1) Any question coming or arising before the governing body of a school shall be decided by a majority of the members thereof present and voting on the question at a meeting of the governing body except that, in the case of an equality of votes, the chairman shall have a second or casting vote.

(2) Subject to paragraphs (3) and (4), the provisions of the Schedule hereto shall have effect for the purpose of prescribing the only circumstances and cases in which a member of a governing body, head teacher or other person present at a meeting thereof shall be required to–

(a)withdraw from the meeting;

(b)not take part in the consideration or discussion of specified matters; and

(c)in the case of a member, not vote on any question with respect to a specified matter.

(3) In the case of a person who is a registered pupil at the school, the governing instrument for the school may contain provisions specifying circumstances and cases additional to those mentioned in the Schedule hereto, in which such a person shall act, or refrain from acting, as mentioned in paragraph (2).

(4) Where the governing body of a school are considering disciplinary action (within the meaning of paragraph 5 of the Schedule) against a teacher or other person employed at the school, against a pupil, or arising out of an alleged incident involving a pupil, nothing in the Schedule and no such provision of the governing instrument as is mentioned in paragraph (3) shall be construed as precluding the governing body, at any disciplinary hearing conducted by them (including the hearing of an appeal), from allowing–

(a)that teacher or other person, the pupil concerned, or a parent of the pupil, to attend the hearing and to be heard in the matter;

(b)a person who has made relevant allegations, to present those allegations at the hearing; or

(c)a person who is a material witness, to give relevant evidence.

(5) Minutes of proceedings of meetings of the governing body of a school shall be drawn up and entered in a book kept for the purpose and shall be signed at the same or next subsequent meeting by the person who is the chairman thereof:

Provided that minutes may be entered on loose leaves consecutively numbered but in such case the person signing the minutes shall initial each leaf.

(6) On request made in that behalf by the chief education officer of the local education authority by whom a school is maintained, in relation to a particular meeting or generally, that authority shall be supplied with a copy of the signed minutes of the relevant meeting or (as the case may be) of any meeting of the governing body of the school.

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