Revenues and Benefits Team
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Governor disqualification rules
Taken from the School Governance (Constitution) (England) Regulations 2012 - Schedule 4...
If a person is disqualified from serving as a governor under these regulations, they shall also be disqualified from serving as an associate member.
No person shall serve as a governor when they're a registered pupil at the school or under the age of 18 years. No person shall at any time hold more than one governorship of the same school.
Any governor (except those who are governors by virtue of the office which they hold), shall be disqualified if they fail to attend meetings, without the consent of the governing board, for a period of six months beginning with the date of the first meeting they fail to attend. A foundation, authority, co-opted or partnership governor who has been disqualified for non-attendance is not permitted to be appointed or elected as a governor of any category for a period of twelve months, starting on the date on which they are disqualified.
A person shall be disqualified from holding or continuing to hold office as a governor if:
- His estate has been sequestrated and the sequestration has not been discharged, annulled or reduced; or
- He is the subject of a bankruptcy restrictions order, an interim bankruptcy restrictions order, a debt relief restrictions order or an interim debt relief restrictions order
Disqualification of company directors
A person shall be disqualified as a governor at any time when he is subject to a disqualification order or undertaking under the Company Directors Disqualification Act 1986 or under the Companies (Northern Ireland) Order 2002 or an order made under section 429(2)(b) of the Insolvency Act 1986 (failure to pay under county court administration order).
Disqualification of charity trustees
A person shall be disqualified from holding office or from continuing to hold office as a governor if:
- He has been removed as a trustee of a charity by an order made by the Charity Commissioners or the High Court on the grounds of any misconduct or mismanagement in the administration of the charity for which he was responsible or to which he was privy, or to which he contributed or which he facilitated by his conduct;
- He has been removed under section 34 of the Charities and Trustee Investment (Scotland) Act 2005, from being concerned in the management or control of any board.
Persons whose employment is prohibited or restricted
A person shall be disqualified from holding office at any time when he is:
- Included in the list kept under section 1 of the Protection of Children Act 1999
- Subject to a direction of the secretary of state under section 142 of the 2002 act
- Disqualified from working with children under sections 28, 29 or 29a of the Criminal Justice and Court Services Act 2000
- Barred from regulated activity relating to children in accordance with section 3(2) of the Safeguarding Vulnerable Groups Act 2006
- Disqualified from registration under Part 2 of the Children and Families (Wales) Measure 2012 for child minding or providing day care
- Disqualified from registration under Part 3 of the Childcare Act 2006
A person shall be disqualified from holding office as a governor if:
- Within a period of five years ending with the date immediately preceding the date on which his appointment or election as a governor would otherwise have taken effect or, as the case may be, on which he would otherwise have become a governor by virtue of an office
- Since his appointment or election as a governor or as the case may be, since he became a governor by virtue of an office:
- he has been convicted, whether in the UK or elsewhere, of any offence and has passed on him a sentence of imprisonment (whether suspended or not) for a period of not less than three months without the option of a fine;
- If within a period of 20 years ending with the date immediately preceding the date on which his appointment or election as a governor would have taken effect he has been convicted of any offence and has had passed on him a sentence of imprisonment for a period of not less than two and a half years;
- If at any time he has been convicted of an offence and has had passed on him a sentence of imprisonment for a period of not less than five years;
For the purposes of the paragraphs above, any conviction by or before a court outside the UK of an offence which, if the facts giving rise to the offence had taken place in any part of the UK, would not have constituted an offence under the law in force in that part of the UK must be disregarded.
- Within a period of five years ending with the date immediately preceding the date on which his appointment or election as a governor would have taken effect or as the case may be, on which he would otherwise have become a governor by virtue of his office, or
- Since his appointment or election as a governor, or as the case may be, since he became a governor by virtue of his office,
- He has been convicted under section 547 of the 1996 Act or under section 85A of the Further and Higher Education Act 1992 (nuisance and disturbance on educational premises) of an offence and has been sentenced to a fine.
Disqualification rules which apply only to specific categories of governor
No one shall be elected (by parents) or appointed (by the governing board) if they are:-
- An elected member of the local authority; or
- Paid to work at the school for more than 500 hours in any twelve consecutive months
Local authority governor
No-one who is paid to work at the school (regardless of the number of hours) can be appointed as an authority governor.
Contact School Governors
- Shropshire Council
- Abbey Foregate
- SY2 6ND