The Collaboration Between Education Bodies (Wales) Regulations 2012

Restrictions on persons taking part in proceedings

10.—(1) In this regulation and in the Schedule “relevant person” (“person perthnasol”) means—

(a) a member of the joint committee,

(b) a head teacher (whether or not that person is a member of the joint committee),

(c) a principal of a collaborating education body (whether or not that person is a member of the joint committee),

(d) the clerk to the joint committee, and

(e) any person permitted to attend a meeting of the joint committee in accordance with regulation 8(1)(f).

(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 a collaborating education 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 joint committee at which the matter is the subject of consideration, must disclose their interest, withdraw from the meeting and not vote on the matter in question.

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

(a) the joint 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 their 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 a collaborating education body from which that person is entitled to profit.

(4) A person who is acting as the clerk to a meeting of the joint committee is not required to withdraw from a meeting by this regulation or the Schedule unless their appointment to office, their remuneration, or disciplinary action against them is the subject of consideration, but if this regulation or the Schedule would have otherwise required them to withdraw, that person must not act in any capacity other than that of clerk.

(5) Where there is any dispute as to whether a relevant person is required by this regulation to withdraw from a meeting of the joint committee and not vote, that question must be determined by the other members of the joint committee present at the meeting.

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