PART 6General Conduct of New Schools
Restrictions on persons taking part in proceedings of the temporary governing body or their committees46
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.