SCHEDULE 4Qualifications and disqualifications
General
I11
A person is disqualified from holding or from continuing to hold office as a governor of a school at any time when the person is a registered pupil at the school.
I22
A person is disqualified from being elected or appointed as a governor unless the person is aged 18 or over.
I33
Save as otherwise provided in these Regulations, the fact that a person is qualified to be elected or appointed as a governor of a particular category at a school does not disqualify the person from election or appointment or from continuing as a governor of any other category at that school, but no person may at any time hold the office of more than one governor of the same school.
I44
Any person who is disqualified from holding office as a governor of a school under this Schedule is likewise disqualified from holding or continuing to hold office as an associate member of the governing body unless the disqualification is under paragraphs 1 or 2 of this Schedule.
Disqualification criteria for categories of governor
I55
1
A person is disqualified from election or appointment as a parent governor of a school if the person—
a
is an elected member of the local authority; or
b
is paid to work at the school for more than 500 hours in any twelve consecutive months.
2
A person (“P”) is not disqualified from continuing to hold office as a parent governor because P ceases to be a parent of a registered pupil at the school or to fulfil any of the requirements set out in paragraphs 10 and 11 of Schedule 1 (as the case may be) .
I66
A person is disqualified from appointment as a local authority governor if the person is eligible to be a staff governor of the school.
I77
1
A person is disqualified from nomination or appointment as a partnership governor of a school if the person is—
a
a parent of a registered pupil at the school;
b
eligible to be a staff governor of the school;
c
an elected member of the local authority; or
d
employed by the local authority in connection with their education functions.
2
The disqualification criterion in paragraph 7(1)(d) does not apply in the case of a person who is employed by a local authority in England under a contract of employment providing for the person to work wholly at a school or schools maintained by the local authority.
I88
Upon ceasing to work at the school, a staff governor of a school is disqualified from continuing to hold office as such a governor.
Failure to attend meetingsI99
1
This paragraph applies to every governor, other than governors who are governors by virtue of the office that they hold.
2
A governor who, without the consent of the governing body, has failed to attend their meetings for a continuous period of six months beginning with the date of the first such meeting the governor fails to attend, is, on the expiry of that period, disqualified from continuing to hold office as a governor of that school.
3
A foundation governor, authority governor, co-opted governor or partnership governor who has been disqualified as a governor of a school under sub-paragraph (2) is not qualified for election, nomination or appointment as a governor of any category at that school for twelve months starting on the date on which they are so disqualified.
BankruptcyI1010
A person is disqualified from holding or continuing to hold office as a governor of a school if—
a
the person’s estate has been sequestrated and the sequestration has not been discharged, annulled or reduced; or
Disqualification of company directorsI1111
A person is disqualified from holding, or from continuing to hold, office as a governor of a school at any time when the person is subject to—
a
a disqualification order or disqualification undertaking under the Company Directors Disqualification Act 198619;
b
a disqualification order under the Company Directors Disqualification (Northern Ireland) Order 200220;
c
a disqualification undertaking accepted under the Company Directors Disqualification (Northern Ireland) Order 2002; or
d
an order made under section 429(2)(b) of the Insolvency Act 198621 (failure to pay under county court administration order).
Disqualification of charity trusteesI1212
A person is disqualified from holding or from continuing to hold office as a governor of a school if—
a
the person (“P”) has been removed from the office of trustee for a charity by an order made by the Charity Commission or Commissioners or the High Court on the grounds of any misconduct or mismanagement in the administration of the charity for which P was responsible or to which P was privy, or to which P contributed or which P facilitated by P’s conduct; or
b
the person has been removed, under section 34 of the Charities and Trustee Investment (Scotland) Act 200522, from being concerned in the management or control of any body.
Persons whose employment is prohibited or restrictedI1313
A person is disqualified from holding or from continuing to hold office as a governor of a school at any time when the person is—
a
included in the list kept under section 1 of the Protection of Children Act 199923 (list of those considered by the Secretary of State as unsuitable to work with children);
b
subject to a direction of the Secretary of State under section 142 of EA 200224 (or any other disqualification, prohibition or restriction which takes effect as if contained in such a direction);
c
barred from regulated activity relating to children in accordance with section 3(2) of the Safeguarding Vulnerable Groups Act 200625;
d
disqualified from working with children under sections 28, 29 or 29A of the Criminal Justice and Court Services Act 200026;
e
disqualified from registration under Part 2 of the Children and Families (Wales) Measure 201027 for child minding or providing day care; or
f
disqualified from registration under Part 3 of the Childcare Act 200628.
Criminal convictionsI1414
1
Subject to sub-paragraph (6) below, a person is disqualified from holding, or continuing to hold, office as a governor of a school where any of sub-paragraphs (2) to (4) or (6) below apply to the person.
2
This sub-paragraph applies to a person (“P”) if—
a
within the period of five years ending with the date immediately preceding the date on which P’s appointment or election as governor would otherwise have taken effect or, as the case may be, on which P would otherwise have become a governor by virtue of an office, or
b
since P’s appointment or election as governor or, as the case may be, since P became a governor by virtue of an office,
P has been convicted, whether in the United Kingdom or elsewhere, of any offence and a sentence of imprisonment (whether suspended or not) has been imposed on P for a period of not less than three months without the option of a fine.
3
This sub-paragraph applies to a person (“Q”) if within the period of 20 years ending with the date immediately preceding the date on which Q’s appointment or election as governor would otherwise have taken effect or, as the case may be, on which Q would otherwise have become a governor by virtue of an office, Q has been convicted of any offence and a sentence of imprisonment has been imposed on Q for a period of not less than two and a half years.
4
This sub-paragraph applies to a person who has at any time been convicted as aforesaid of any offence and a sentence of imprisonment has been imposed on the person for a period of not less than five years.
5
For the purposes of sub-paragraphs (2) to (4) above, any conviction by or before a court outside the United Kingdom of an offence which, if the facts giving rise to the offence had taken place in any part of the United Kingdom, would not have constituted an offence under the law in force in that part of the United Kingdom must be disregarded.
6
This sub-paragraph applies to a person (“R”) if—
a
within the period of five years ending with the date immediately preceding the date on which R’s appointment or election as governor would otherwise have taken effect or, as the case may be, on which R would otherwise have become a governor by virtue of an office, or
b
since R’s appointment or election as governor or, as the case may be, since R became a governor by virtue of an office,
Refusal to make an application for a criminal records certificateI1515
A person is disqualified from holding or continuing to hold office as a governor at any time when the person refuses a request by the clerk to the governing body to make an application under section 113B of the Police Act 199731 for a criminal records certificate.
Notification to clerkI1616
Where a person (“P”) is, or is proposed to become, a governor and by virtue of any of paragraphs 10 to 14 P is disqualified from holding, or from continuing to hold, office as a governor, P must give notice of that fact to the clerk to the governing body.