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Paragraph 22 Disqualification for holding office: criminal convictions

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

Subject to sub-paragraph (5) below, a person shall be disqualified for holding, or for continuing to hold, office as a governor of the School where any of sub-paragraphs (2) to (4) or (6) below apply to him.

(2)

This sub-paragraph applies to a person if—

(a)

within the period of five years ending with the date immediately preceding the date on which his appointment or election as governor would otherwise have taken effect or, as the case may be, on which he would otherwise have become a governor ex officio; or

(b)

since his appointment or election as governor or, as the case may be, since he became a governor ex officio,

he has been convicted, whether in the United Kingdom or elsewhere, of any office 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.

(3)

This sub-paragraph applies to a person if within the period of 20 years ending with the date immediately preceding the date on which his appointment or election as governor would otherwise have taken effect or, as the case may be, on which he would otherwise have become a governor ex officio, he has been convicted as aforesaid 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.

(4)

This sub-paragraph applies to a person if he has at any time been convicted as aforesaid of any offence and has had passed on him a sentence of imprisonment for a period of not less than five years.

(5)

For the purposes of sub-paragraphs (2) to (4) above, there shall be disregarded 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.

(6)

This sub-paragraph applies to a person if—

(a)

within the period of five years ending with the date immediately preceding the date on which his appointment or election as governor would otherwise have taken effect or, as the case may be, on which he would otherwise have become a governor ex officio; or

(b)

since his appointment or election as governor or, as the case may be, since he became a governor ex officio,

he has been convicted under section 40 of the Local Government (Miscellaneous Provisions) Act 1982f1 (nuisance and disturbance on education premises) of an offence which took place on the premises of a school maintained by a local education authority or a grant-maintained school, and has been sentenced to a fine.

(7)

Where, by virtue of this paragraph—

(a)

a person becomes disqualified for holding, or for continuing to hold, office as a governor of the School; and

(b)

he is, or is proposed, to become such a governor,

he shall upon becoming so disqualified give written notice of that fact to the Clerk to the Governing Body.

Annotations

Footnotes

f1

1982 c. 30; section 40 was amended by paragraph 29 of Schedule 12 to the Education Reform Act 1988 (c. 40).