New Schools (General) (England) Regulations 2003

Restrictions on persons taking part in proceedings of the temporary governing body or their committees

46.—(1) In this regulation and in Schedule 3—

(a) “relevant person” means a temporary governor, a temporary associate member, the head teacher or head teacher designate (if he is not a governor) or any person appointed as clerk to the temporary governing body or to a committee;

(b) any reference to “meeting of the new school” is a reference to a meeting of the temporary governing body, or of a committee.

(2) Subject to paragraph (4), where —

(a) in relation to any matter there may be a conflict between the interests of a relevant person and the interests of the temporary governing body; or

(b) a fair hearing is required and there is any reasonable doubt about a relevant person’s ability to act impartially in relation to any matter,

that person, if present at a meeting of the new school at which the matter is the subject of consideration, shall withdraw from the meeting and not vote on the matter in question.

(3) Nothing in this regulation or in Schedule 3 shall be construed as precluding the temporary governing body, or a committee of the temporary governing body, from—

(a) allowing a person who appears to them to be able to give evidence to attend any hearing conducted by them into any matter and to present his evidence; or

(b) hearing representations from a relevant person acting in a capacity other than that of a relevant person.

(4) A person who is acting as the clerk to a meeting of the new school shall not be required to withdraw from a meeting by this regulation or by Schedule 3 unless his appointment to office, his remuneration or disciplinary action against him is the subject of consideration, but if this regulation or Schedule 3 would have otherwise required him to withdraw, he shall not act in any capacity other than that of a clerk.

(5) Where there is any dispute as to whether a relevant person is required by this regulation or by Schedule 3 to withdraw from a meeting of the new school and not vote, that question shall be determined by the other temporary governors present at the meeting.

(6) Schedule 3 makes provision in connection with specified conflicts of interest and cases where a relevant person is required to withdraw from a meeting of the new school and not vote.