The Education (School Government) (Amendment) Regulations 1996

• Citation: S.I. 1996/2050
• Sections: 8

Section 1 Citation, commencement and interpretation

(1) These Regulations may be cited as The Education (School Government) (Amendment) Regulations 1996 and shall come into force on 1st September 1996.

(2) Any reference in these Regulations to the principal Regulations is a reference to the Education (School Government) Regulations 1989 .

Section 2 Amendment of principal Regulations

The principal Regulations shall be further amended in accordance with the following provisions of these Regulations.

Section 3 Amendment of principal Regulations

In the proviso to paragraph (3) of regulation 9 (Chairmen and Vice-chairmen of governing bodies and meetings), after sub-paragraph (b) there shall be inserted the following sub-paragraph—

(bb) he is employed as a teacher or otherwise at the school in question;

Section 4 Amendment of principal Regulations

In paragraph (3) of regulation 10 (Chairmen and Vice-chairmen of temporary governing bodies and meetings), the word “or” at the end of sub-paragraph (b) shall be omitted and after sub-paragraph (b) there shall be inserted the following sub-paragraph—

(bb) he is employed as a teacher or otherwise at the new school; or

Section 5 Amendment of principal Regulations

In regulation 13 (Quorum)—

(a) for paragraph (1) there shall be substituted the following paragraph—

(1) Subject to paragraphs (2) (3) and (4), the quorum for a meeting of the governing body of a school, and any vote on any matter thereat, shall be any three members of that body or, where greater, any one-third (rounded up to a whole number) of the membership thereof when complete.

(b) in paragraph (2), there shall be added at the end “and any vote on any matter thereat (other than a matter specified in paragraph (3)).”.

Section 6 Amendment of principal Regulations

In paragraph (2) of regulation 14 (Proceedings and minutes), for sub-paragraphs (a), (b) and (c) there shall be substituted the following sub-paragraphs—

(a) withdraw from the meeting; and

(b) in the case of a member, not vote on any question with respect to a specified matter.

Section 7 Amendment of principal Regulations

In regulation 23 (Power of chairman or vice-chairman of governing body to act in cases of urgency), after paragraph (3) there shall be added the following paragraph—

(4) Where any function of the governing body of a school has been exercised by the chairman or vice-chairman of the governing body of the school in exercise of the power in paragraph (1) above, the chairman or vice-chairman, as the case may be, shall report any action or decision taken in relation to that function to the next meeting of the governing body.

Section 8 Amendment of principal Regulations

In the Schedule (Withdrawal from meetings)—

(a) for sub-paragraph (1) of paragraph 2 there shall be substituted the following sub-paragraph—

(1) Subject to sub-paragraphs (4) and (5), if a person has any pecuniary interest, direct or indirect, in any contract, proposed contract or other matter and is present at a meeting of the governing body at which the contract or other matter is the subject of consideration, he shall at the meeting and as soon as practicable after its commencement disclose the fact and withdraw from the meeting during the consideration or discussion of the contract or matter and he shall not vote on any question with respect to the contract or matter.

(b) after sub-paragraph (4) of paragraph 2 there shall be inserted the following sub-paragraph—

(5) No provision in this paragraph shall prevent members of the governing body considering and voting upon proposals for the governing body to take out insurance protecting its members against liabilities incurred by them arising out of their office or the governing body obtaining such insurance and paying the premiums.

(c) in paragraph 3, for sub-paragraph (2) there shall be substituted the following sub-paragraph—

(2) The person first mentioned in sub-paragraph (1) shall withdraw from the meeting during the consideration or discussion of the matter in question and shall not vote on any question with respect to that matter.

(d) in paragraph 4, for sub-paragraph (2) there shall be substituted thhe following sub-paragraph—

(2) The person first mentioned in sub-paragraph (1) shall withdraw from the meeting during the consideration or discussion of the matter in question and shall not vote on any question with respect to that matter.

(e) in paragraph 7, for the words from “save and so far as” to the end of the paragraph there shall be substituted the words “shall withdraw from the meeting during such consideration or discussion.”.