Appendix 1 RESTRICTION ON PERSONS TAKING PART I N PROCEEDINGS OF THE GOVERNING BODY
In this Appendix—
any reference to a person present at a meeting of the Governing Body is a reference to a member thereof or other person so present except that, so far as it concerns voting, it is a reference only to a member of the Governing Body so present; and
any reference to a person’s spouse includes a person living with him as if she were his spouse.
In relation to the person who is acting as the clerk to the Governing Body for the purposes of any meeting thereof, none of the provisions of this Appendix (other than paragraph 4 below) shall have effect; but, during any period for which his withdrawal would be required but for this sub-paragraph, he shall not act in any capacity other than that of clerk.
Subject to sub-paragraph (4) below, 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 that fact and —
take no part in the consideration or discussion of the contract or matter,
unless the Governing Body otherwise allow, withdraw from the meeting during such consideration or discussion, and
not vote on any question with respect to the contract or matter.
For the purposes of this paragraph, a person shall be treated as having an indirect pecuniary interest in a contract, proposed contract or other matter if —
he or any nominee of his is a member, or he is an employee, of a corporation or other body with which the contract was made or is proposed to be made or which has a direct pecuniary interest in the matter under consideration, or
he is a partner, or is in the employment, of a person with whom the contract was made or is proposed to be made or who has a direct pecuniary interest in the matter under consideration:
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Provided that a person shall not by virtue of this sub-paragraph be treated as having such an interest by reason only of his membership of, or employment by, any public body; or by reason of his membership of a corporation or other body if he has no financial interest in any securities of that corporation or other body.
For the purposes of this paragraph, a person shall be treated as having a direct or indirect pecuniary interest in a contract, proposed contract or other matter if a relative (including his spouse) living with him, to his knowledge has, or would be treated as having, such an interest, direct or indirect.
For the purposes of this paragraph, a member of the Governing Body who is a teacher at the school shall not be treated as having a direct or indirect pecuniary interest in a contract, proposed contract or other matter by reason only —
of having an interest in the contract or matter which is no greater than the interest of the generality of teachers at the school,
of the fact that the contract or matter under consideration or discussion concerns the exercise by the Governing Body of any of their functions relating to the curriculum for the school, or
of the fact that the contract or matter under consideration or discussion involves expenditure by the Governing Body of any sum for the purposes of the School.
In this paragraph, “securities” shall be interpreted in accordance with section 142 of the Financial Services Act 1986f1.
This sub-paragraph applies where a person is present at a meeting of the Governing Body at which the subject of consideration is, in relation to either himself or to a relative of his (including his spouse) living with him —
the person’s appointment to a post at the School, or
where the person concerned is already employed by the Governing Body to work at the School, his transfer from one post to another, his promotion or retirement.
This sub-paragraph applies where—
a person is present at a meeting of the Governing Body at which a subject of consideration is the transfer from one post to another, dismissal, promotion, retirement or suspension of another person employed as a teacher or otherwise at the School, and
the effect of the transfer, dismissal, promotion, retirement or suspension would be to create a vacancy for which the person first mentioned in paragraph (a) above, or a relative of his (including his spouse) living with him, could be a candidate.
In any case where sub-paragraph (1) or (2) above applies, the person first-mentioned in that sub-paragraph shall —
take no part in the consideration or discussion of the matter in question,
unless the Governing Body otherwise allow, withdraw from the meeting during such consideration or discussion, and
not vote on any question with respect to that matter.
Where the Clerk to the Governing Body is present at any meeting of the Governing Body at which a subject of consideration is disciplinary action against him, he shall withdraw from the meeting during the discussion or consideration of that matter.
For the purposes of this paragraph and paragraph 5 below, “disciplinary action” shall be interpreted in accordance with paragraph 38(6) above.
If a person who is a relative (other than a parent) of a pupil at the School is present at a meeting of the Governing Body at which a subject of discussion is —
the admission of, or disciplinary action against, that pupil, or
disciplinary action against another pupil at the School arising out of an alleged incident involving the pupil first mentioned in this paragraph,
he shall, at the meeting and as soon as practicable after its commencement, disclose the relationship.
This paragraph applies where a person employed at the School is present at a meeting of the Governing Body at which his conduct, his continued employment at the School or the appointment of a successor to him is a subject of consideration.
Without prejudice to the preceding provisions of this Appendix, where this paragraph applies the person concerned shall —
take no part in the consideration or discussion of the matter in question, and
withdraw from the meeting during such consideration or discussion.
Annotations
Footnotes
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