{
  "url": "https://openlegislation.uk/education-grant-maintained-schools-initial-governing-instruments-regulations-1993/schedule-1/paragraph-38",
  "json_url": "https://openlegislation.uk/education-grant-maintained-schools-initial-governing-instruments-regulations-1993/schedule-1/paragraph-38.json",
  "legislation": "uksi/1993/3102",
  "legislation_title": "The Education (Grant-maintained Schools) (Initial Governing Instruments) Regulations 1993",
  "legislation_url": "https://openlegislation.uk/education-grant-maintained-schools-initial-governing-instruments-regulations-1993",
  "path": "schedule/1/paragraph/38",
  "kind": "paragraph",
  "number": "38",
  "heading": "Restrictions on persons taking part in proceedings of the Admissions, Discipline and Staff Committees",
  "text": "(1) If a person being a pupil or his parent, is present at a meeting of the Admissions Committee at which the admission of that pupil is a subject of consideration, he shall withdraw from the meeting during the discussion or consideration of the matter in question and shall not vote on any question with respect thereto.\n(2) Subject to sub-paragraph (4) below, if a person—\n(a) being a pupil or his parent, is present at a meeting of the Discipline Committee at which disciplinary action against that pupil is a subject of consideration;\n(b) being a pupil or his parent, is present at such a meeting at which, arising out of an alleged incident involving that pupil, disciplinary action against another pupil is a subject of consideration;\n(c) having made allegations, or having been a witness of an alleged incident, is present at such a meeting at which, arising out of those allegations or that incident, disciplinary action against a pupil is a subject of consideration; or\n(d) having been concerned (whether as the head teacher or otherwise) with disciplinary action taken against a pupil, is present at such a meeting at which a subject of consideration is an appeal against that disciplinary action,\nhe shall withdraw from the meeting during the discussion or consideration of the matter in question and shall not vote on any question with respect thereto.\n(3) Subject to sub-paragraph (4) below, if a person—\n(a) having made allegations, or having been a witness of an alleged incident, is present at a meeting of the Staff Committee at which, arising out of those allegations or that incident, disciplinary action against a person employed at the School is a subject of consideration;\n(b) having been concerned (whether as the head teacher or otherwise) with disciplinary action taken against a person employed at the School, is present at such a meeting at which a subject of consideration is an appeal against that disciplinary action; or\n(c) being employed at the School is present at any such meeting at which a subject of consideration is disciplinary action against him,\nhe shall withdraw from the meeting during the discussion or consideration of the matter in question and shall not vote on any question with respect thereto.\n(4) Where the Discipline or the Staff Committee are considering disciplinary action against a pupil or (as the case may be) any person employed at the School, nothing in this paragraph shall be construed as precluding that committee, at any hearing conducted by them into the matter, from allowing —\n(a) the person against whom disciplinary action is being considered and, in the case of a pupil, his parent to attend the hearing and to be heard in the matter, or\n(b) a person who appears to them to be able to give evidence relevant to their consideration of the matter to attend the hearing and present his evidence.\n(5) The preceding provisions of this paragraph are without prejudice to the generality of paragraph 35 above and Appendix 1 to this Instrument (as they have effect by virtue of Appendix 2 thereto).\n(6) For the purposes of this paragraph, “disciplinary action” includes—\n(a) in relation to a person who is employed at the school, the suspension and dismissal of that person, and\n(b) in relation to a pupil at the school, the permanent exclusion of that pupil from the school.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [
    {
      "type": "amended",
      "affecting": "uksi/1996/2049",
      "affecting_title": "The Education (Grant-maintained Schools) (Initial Governing Instruments) (Amendment) Regulations 1996"
    },
    {
      "type": "added",
      "affecting": "uksi/1996/2049",
      "affecting_title": "The Education (Grant-maintained Schools) (Initial Governing Instruments) (Amendment) Regulations 1996"
    },
    {
      "type": "amended",
      "affecting": "uksi/1996/2049",
      "affecting_title": "The Education (Grant-maintained Schools) (Initial Governing Instruments) (Amendment) Regulations 1996"
    },
    {
      "type": "replaced (by sub- paras.(a)(b))",
      "affecting": "uksi/1996/2049",
      "affecting_title": "The Education (Grant-maintained Schools) (Initial Governing Instruments) (Amendment) Regulations 1996"
    },
    {
      "type": "amended",
      "affecting": "uksi/1996/2049",
      "affecting_title": "The Education (Grant-maintained Schools) (Initial Governing Instruments) (Amendment) Regulations 1996"
    },
    {
      "type": "substituted",
      "affecting": "uksi/1996/2049",
      "affecting_title": "The Education (Grant-maintained Schools) (Initial Governing Instruments) (Amendment) Regulations 1996"
    },
    {
      "type": "substituted",
      "affecting": "uksi/1996/2049",
      "affecting_title": "The Education (Grant-maintained Schools) (Initial Governing Instruments) (Amendment) Regulations 1996"
    },
    {
      "type": "added",
      "affecting": "uksi/1996/2049",
      "affecting_title": "The Education (Grant-maintained Schools) (Initial Governing Instruments) (Amendment) Regulations 1996"
    },
    {
      "type": "substituted",
      "affecting": "uksi/1996/2049",
      "affecting_title": "The Education (Grant-maintained Schools) (Initial Governing Instruments) (Amendment) Regulations 1996"
    },
    {
      "type": "substituted",
      "affecting": "uksi/1996/2049",
      "affecting_title": "The Education (Grant-maintained Schools) (Initial Governing Instruments) (Amendment) Regulations 1996"
    },
    {
      "type": "amended",
      "affecting": "uksi/1996/2049",
      "affecting_title": "The Education (Grant-maintained Schools) (Initial Governing Instruments) (Amendment) Regulations 1996"
    },
    {
      "type": "substituted",
      "affecting": "uksi/1996/2049",
      "affecting_title": "The Education (Grant-maintained Schools) (Initial Governing Instruments) (Amendment) Regulations 1996"
    },
    {
      "type": "amended",
      "affecting": "uksi/1994/2094",
      "affecting_title": "The Education (Grant-maintained Schools) (Initial Governing Instruments) (Amendment) Regulations 1994"
    },
    {
      "type": "amended",
      "affecting": "uksi/1994/2094",
      "affecting_title": "The Education (Grant-maintained Schools) (Initial Governing Instruments) (Amendment) Regulations 1994"
    },
    {
      "type": "amended",
      "affecting": "uksi/1994/2094",
      "affecting_title": "The Education (Grant-maintained Schools) (Initial Governing Instruments) (Amendment) Regulations 1994"
    },
    {
      "type": "amended",
      "affecting": "uksi/1994/2094",
      "affecting_title": "The Education (Grant-maintained Schools) (Initial Governing Instruments) (Amendment) Regulations 1994"
    },
    {
      "type": "amended",
      "affecting": "uksi/1994/2094",
      "affecting_title": "The Education (Grant-maintained Schools) (Initial Governing Instruments) (Amendment) Regulations 1994"
    },
    {
      "type": "amended",
      "affecting": "uksi/1994/2094",
      "affecting_title": "The Education (Grant-maintained Schools) (Initial Governing Instruments) (Amendment) Regulations 1994"
    },
    {
      "type": "rev.in pt.",
      "affecting": "uksi/1999/703",
      "affecting_title": "The Education (Governors' Allowances) Regulations 1999"
    },
    {
      "type": "revoked",
      "affecting": "uksi/1999/703",
      "affecting_title": "The Education (Governors' Allowances) Regulations 1999"
    }
  ],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/1993/3102/schedule/1/paragraph/38",
    "retrieved_at": "2026-10-29T13:45:00.366463+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}