Diocesan Boards of Education Measure 2021

Prospective

Composition E

1 (1) The DBE for a diocese consists of— E

(a) the bishop of the diocese, and

(b) at least 10 other members.

(2) The joint DBE for two or more dioceses consists of—

(a) each of the diocesan bishops concerned, and

(b) a sufficient number of other members to give a total membership of at least 12.

(3) In the case of a DBE which is a separately registered charity, each member is, by virtue of that membership, a charity trustee of the DBE.

(4) In the case of a DBE which is a company limited by guarantee or a CIO, each member of the DBE, and no other person, is a member of the company or CIO.

(5) In a case where the Board of Finance is designated as the DBE for the diocese, each member of the committee established by virtue of section 3 must be a person who is not disqualified from being a charity trustee.

(6) A person other than the bishop of the diocese may become a member of the DBE by being—

(a) appointed by the bishop,

(b) elected by the diocesan synod, or

(c) co-opted by the DBE.

(7) A scheme under section 4 for the designation of a body as a joint DBE must include provision for the appointment, election or co-option of members; and that provision must include—

(a) provision for each of the diocesan bishops concerned to appoint at least one person, and

(b) provision for each of the diocesan synods concerned to elect at least one person.

(8) In the application of this paragraph to a joint DBE, sub-paragraph (6) has effect subject to the provision which, for the purposes of sub-paragraph (7), is included in the scheme under section 4.

(9) In making an appointment or co-option to the DBE for a diocese or selecting candidates for election to it, regard must be had to the desirability of securing that a variety of relevant skills is available among the members.

(10) A scheme under section 3 must include provision as to the term of office of a member of the DBE, including the circumstances in which a person ceases to hold office and the grounds on which a person may be removed or suspended from office; and the scheme may for that purpose make different provision depending on whether a person became a member by virtue of sub-paragraph (6)(a), (b) or (c).

(11) A conflict of loyalty which would or might arise as a result of a member of the DBE for a diocese also being a director of the Board of Finance or a member of the diocesan synod, or both, is authorised by virtue of this sub-paragraph if—

(a) the conflict relates to a duty of loyalty owed to the Board of Finance or diocesan synod and does not involve a direct or indirect benefit of any nature to the member or a connected person, and

(b) the member in question declares the conflict.

(12) In sub-paragraph (11)(a), “connected person”, in relation to a member of the DBE of a diocese, has the meaning it has in accordance with section 188 of the Charities Act 2011 in relation to a charity trustee.

Commencement Information

I1 Sch. 2 comes into force in relation to each diocese on the day certified in relation to that diocese under s. 23(1), see s. 24(4)