The Blackburn with Darwen Education Action Zone Order 1998

• Citation: S.I. 1998/2085
• Sections: 11

Section 1 Citation and commencement

This Order may be cited as the Blackburn with Darwen Education Action Zone Order 1998 and shall come into force on 31st August 1998.

Section 2 Interpretation

In this order–

“partners” means those persons listed in Schedule 1 to this Order; and

“zone school” means a school listed in Schedule 2 to this Order.

Section 3 Revocation

The Blackburn and Darwen Education Action Zone Order 1998 is hereby revoked.

Section 4 Constitution of education action zone

The schools listed in Schedule 2 to this Order shall constitute collectively an education action zone under the name of the Blackburn with Darwen Education Action Zone (“the zone”) for the purposes of Chapter III of Part I of the School Standards and Framework Act 1998.

Section 5 Constitution of education action zone

(1) There shall be an Education Action Forum for the zone, the membership of which shall include–

(a) one person appointed by the governing body of each zone school, unless any such governing body chooses not to make such an appointment;

(b) either one or two persons appointed by the Secretary of State; and

(c) one or more persons appointed by each partner, the maximum number of persons who may be appointed by each partner being specified in Schedule 1 to this Order in relation to each partner, unless any partner chooses not to make such appointments;

(d) three persons appointed by Blackburn with Darwen Borough Council (unless they choose not to make such an appointment) each of whom are members of that Council elected for one of the following wards–

Higher Croft

Queen’s Park

Shadworth

Sudell

Little Harwood with Whitebirk

Sunnyhirst

and any person so appointed shall cease to hold office as a member of the Forum if he ceases to be a member of Blackburn with Darwen Borough Council elected for any of those wards.

(2) Where a partner is an individual he may appoint himself under paragraph (1)(c), but he shall cease to hold office as a member of the Forum if he ceases to hold the office by virtue of which he is a partner.

Section 6 Constitution of education action zone

The Forum may at any time appoint not more than 5 additional members from persons appearing to them to represent the interests of–

(a) sponsoring businesses;

(b) parents of children aged 16 years or under resident in the area served by the zone schools;

(c) a voluntary sector agency active in the zone; and

(d) persons involved in the provision of education in the area served by the zone schools.

Section 7 Disqualification from membership of the Forum

Articles 8 to 10 shall have effect for the purpose of prescribing the circumstances and cases in which a person is to be disqualified for holding, or continuing to hold, office as a member of the Forum.

Section 8 Disqualification from membership of Forum—bankruptcy etc

(1) Subject to the provisions of this regulation, a person shall be disqualified for holding, or for continuing to hold, office as a member of the Forum if he has been adjudged bankrupt or has made a composition or arrangement with his creditors; and a member, on becoming so disqualified, shall give written notice of the fact to the secretary to the Forum.

(2) Where a person is disqualified by reason of his having been adjudged bankrupt, that disqualification shall cease–

(a) unless the bankruptcy order made against that person is previously annulled, on his discharge from bankruptcy; and

(b) if the bankruptcy order is so annulled, on the date of the annulment.

(3) Where a person is disqualified by reason of his having made a composition or arrangement with his creditors and he pays his debts in full, the disqualification shall cease on the date on which the payment is completed and in any other case it shall cease on the expiration of three years from the date on which the terms of the deed of composition or arrangement are fulfilled.

Section 9 Disqualification from membership of Forum—criminal convictions

(1) Subject to paragraph (2) a person shall be disqualified for holding, or for continuing to hold, office as a member of the Forum if–

(a) within five years before his appointment would otherwise have taken effect or since his appointment, he has been convicted, whether in the United Kingdom or elsewhere, of any offence and has had 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;

(b) within twenty years before his appointment would otherwise have taken effect, he has been convicted as aforesaid and has had passed on him a sentence of imprisonment for a period of more than two and a half years; or

(c) he has at any time been convicted as aforesaid and has had passed on him a sentence of imprisonment of not less than five years.

(2) For the purposes of this regulation there shall be disregarded any conviction by or before a court outside the United Kingdom of an offence in respect of conduct which, if it 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.

Section 10 Disqualification—absence from meetings

Any member of the Forum who, without the consent of the Forum has failed to attend the meetings thereof for a continuous period of six months beginning with the date of a meeting shall, on the expiry of that period, be disqualified for continuing to be a member of the Forum without prejudice however, to his re-appointment.

Section 11 Chairman’s tenure of office

The chairman of the Forum elected in accordance with paragraph 2 of Schedule 1 to the Act, shall hold office for one year from the date of his election (unless he resigns his office earlier), without prejudice to his eligibility to be re-elected for a further such period.