School Governance (Constitution and Procedures) (England) (Amendment) Regulations 2003

Amendment of the School Governance (Procedures) (England) Regulations 2003

3.  For regulation 14 of the School Governance (Procedures) (England) Regulations 2003(1) (“the Procedures Regulations”) there is substituted the following regulation—

“14.— (1) In this regulation and in the Schedule—

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

(b) any reference to a “meeting of the school” is a reference to a meeting of the 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 governing body;

(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; or

(c) a relevant person has a pecuniary interest in any matter;

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

(3) Nothing in this regulation or in the Schedule shall be construed as precluding—

(a) the governing body, or a committee, from—

(i) 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

(ii) hearing representations from a relevant person acting in a capacity other than that of a relevant person; or

(b) a relevant person from entering into a contract with the governing body from which he is entitled to profit.

(4) A person who is acting as the clerk to a meeting of the school shall not be required to withdraw from a meeting by this regulation or the Schedule unless his appointment to office, his remuneration, or disciplinary action against him is the subject of consideration, but if this regulation or the Schedule 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 the Schedule to withdraw from a meeting of the school and not vote, that question shall be determined by the other governors present at the meeting.

(6) The Schedule makes provision about pecuniary interests and other specified conflicts of interest.”

(1)

SI 2003/1377.