The Education (Pupil Referral Units) (Management Committees etc.) (England) Regulations 2007

These Regulations may be cited as the Education (Pupil Referral Units) (Management Committees etc.) (England) Regulations 2007.

These Regulations, except regulations 22 and 23, come into force on 13th November 2007.

Regulations 22 and 23 come into force on 1st February 2008.

These Regulations apply only in relation to England.

in relation to a unit opened before 13th November 2007, by 1st February 2008; and

in relation to a unit opened on or after 13th November 2007, as soon as practicable, and in any event no later than the first day on which the unit is open to pupils.

establish a committee to act as the management committee of two or more units maintained by them; or

make arrangements for a committee established by them under regulation 3 or paragraph (a) to act as the management committee of an additional unit, or units, maintained by them.

make an instrument of government, to determine the composition and other matters relating to the committee, in respect of every unit (or, as the case may be, every group of units) maintained by them; and

appoint the first members of each committee established by them under regulation 3 or 4, (other than parent members, and staff members required to be elected under regulation 10(1)(b)).

the name of the unit (or group of units);

the name of the committee;

the manner in which the committee is to be constituted in accordance with regulation 14, specifying—

where the term of office for a category of member is to be less than four years, the length of that term of office;

the name of any sponsor who is entitled to nominate persons for appointment as such members under Schedule 1; and

the date when the instrument of government takes effect.

The committee or the authority may review the instrument of government at any time after it is made.

Where, on any review, the committee or the authority decide that the instrument of government should be varied, the committee or (as the case may be) the authority must notify the other of their proposed variation together with their reasons for proposing such a variation.

Where the committee has received notification under paragraph (2), they must inform the authority whether or not they are content with the proposed variation and, if not content, their reasons.

If—

the instrument of government must be varied accordingly by the authority.

If paragraph (4) does not apply, the authority must—

the instrument of government must be varied by them either in the manner agreed between them and the committee or (in the absence of such agreement) in such manner as they think fit.

Where the instrument of government is varied under this regulation, it must set out the date on which the variation takes effect.

The authority must ensure that the persons set out in paragraph (2) are provided (free of charge) with—

The persons who are to be provided with the information referred to in paragraph (1) are—

In these Regulations “parent member” means—

A person is disqualified from election or appointment as a parent member if he is—

A person is not disqualified from continuing to hold office as a parent member when he ceases to be a parent of a registered pupil at the unit (or, as the case may be, any unit in the group of units) or to fulfil any of the requirements set out in paragraph 8 of Schedule 1 unless he is otherwise disqualified under these Regulations.

In these Regulations “staff member” means—

A person who is eligible for election as a staff member and who is paid to work at that unit for more than 500 hours in each academic year is not eligible for election or appointment as a member under regulation 9, 11, 12 or 13.

Upon ceasing to work at that unit, a staff member is to be disqualified from continuing to hold office as such a member.

In these Regulations “authority appointed member” means a person who is appointed as a member by the authority (other than a staff member, a community member, or a sponsor member appointed by the authority under regulation 5(b)).

A person is disqualified from appointment as an authority appointed member if he is eligible to be a staff member.

In these Regulations “community member” means a person who is appointed as a member by the committee (or by the authority under regulation 5(b)) and who is—

A person is disqualified from appointment as a community member if he is—

The instrument of government is to specify the size and membership of the committee, which is to be no fewer than 7 and no more than 20 members (disregarding any sponsor members).

The instrument of government is to specify the numbers of members from each of the following categories of member to be elected or appointed—

In calculating the number of members required in each category in accordance with paragraph (5), the number must be rounded up or down to the nearest whole number.

In calculating the number of staff members required, the teacher in charge must be included whether or not he has resigned his membership.

Of the total number of members—

Subject to paragraphs (2) to (4), a member is to hold office for a fixed period of four years from the date of his election or appointment.

Paragraph (1) does not apply to any staff member who is the teacher in charge of a unit, who may hold office for as long as he is the teacher in charge.

The instrument of government may specify a shorter term of office for a particular category of member, being not less than one year.

This regulation does not prevent a member from—

A member may at any time resign his office by giving written notice to the clerk to the committee.

The teacher in charge of a unit may withdraw his resignation at any time by giving written notice to the clerk to the committee.

Any authority appointed member may be removed from office by the authority, who must give written notice thereof to the clerk to the committee, and to the member so removed.

Any community or sponsor member may be removed from office by the committee in accordance with the procedure set out in regulation 20.

A nominating body proposing the removal of a community or a sponsor member must inform the clerk to the committee, and the member in question, in writing of the reasons why it is proposing his removal.

The committee may, in accordance with the procedure set out in regulation 20, remove any community member, or any sponsor member, at the request of the nominating body.

In this regulation, “nominating body” means any person from whom nominations were sought for the purpose of appointing, and who nominated, the member in question.

Any parent member appointed by the committee under paragraphs 7 and 8 of Schedule 1 may be removed by the committee in accordance with the procedure set out in regulation 20.

This regulation applies in relation to the removal of a member from office in accordance with regulation 19.

A resolution to remove a member from office which is passed at a meeting of the committee will not have effect unless—

Subject to paragraph (3), an authority must delegate the functions mentioned in paragraph (2) relating to a unit to the committee, together with such of the authority’s powers as are requisite for discharging those functions.

The functions are—

Paragraph (1) does not apply to the following—

The arrangements made under paragraph 2 must provide for every person who is entitled to vote to have an opportunity to do so by post.

For the purposes of sub–paragraph (1), “post” includes delivery by hand.

The arrangements made under paragraph 2 may provide for every person who is entitled to vote to have an opportunity to do so by electronic means.

informed of the vacancy and that it is required to be filled by election;

informed that he is entitled to stand as a candidate and vote in the election; and

given the opportunity to do so.

The committee may only appoint as a parent member—

The committee may only appoint a person referred to in sub-paragraph (1)(b), (c), (d) or (e) if it is not reasonably practicable to appoint a person referred to in the sub-paragraph which immediately precedes it.

includes the power to make provision as to qualifying dates; but

does not include the power to impose any requirements as to the minimum number of votes required to be cast for a candidate to be elected.

a person who gives or has given substantial financial assistance (which for these purposes includes benefits in kind) to the unit other than pursuant to statutory obligation; or

any other person (not being otherwise represented on the committee) who provides or has provided substantial services to the unit.

A person is disqualified from holding or from continuing to hold office as a member at any time when he is a registered pupil at a unit.

No person is qualified to be a member unless he is aged 18 or over at the date of his election or appointment.

This paragraph applies to any member who is not a member of the committee by virtue of his office.

A member who, without the consent of the committee, has failed to attend their meetings for a continuous period of six months beginning with the date of the first such meeting he failed to attend, is, on the expiry of that period, disqualified from continuing to hold office as a member of that committee.

his estate has been sequestrated and the sequestration has not been discharged, annulled or reduced; or

he is the subject of a bankruptcy restrictions order^f1 or an interim bankruptcy restrictions order.

a disqualification order or disqualification undertaking under the Company Directors Disqualification Act 1986^f1,

a disqualification order under Part 2 of the Companies (Northern Ireland) Order 1989^f2,

a disqualification undertaking accepted under the Company Directors Disqualification (Northern Ireland) Order 2002^f3, or

an order made under section 429(2)(b) of the Insolvency Act 1986 (failure to pay under county court administration order).

he has been removed from the office of trustee for a charity by an order made by the Charity Commissioners, the Charity Commission for England and Wales, or the High Court on the grounds of any misconduct or mismanagement in the administration of the charity for which he was responsible or to which he was privy, or to which he contributed or which he facilitated by his conduct; or

he has been removed, under section 34 of the Charities and Trustee Investment (Scotland) Act 2005^f1 (Powers of Court of Session), from being concerned in the management or control of any body.

included in the list kept under section 1 of the Protection of Children Act 1999^f1 (list of those considered by the Secretary of State as unsuitable to work with children);

subject to a direction of the Secretary of State under section 142 of the Education Act 2002^f2 (or any other disqualification, prohibition or restriction which takes effect as if contained in such a direction);

disqualified from working with children under sections 28, 29 or 29A of the Criminal Justice and Court Services Act 2000^f3;

disqualified from registration under Part 10A of the Children Act 1989^f4 for child minding or providing day care; or

disqualified from registration under Part 3 of the Childcare Act 2006^f5.

Subject to sub-paragraph (5) below, a person is disqualified from holding, or continuing to hold, office as a member where any of sub-paragraphs (2) to (4) or (6) below apply to him.

This sub-paragraph applies to a person if—

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 member would otherwise have taken effect or, as the case may be, on which he would otherwise have become a member by virtue of his office, he has been convicted 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.

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

For the purposes of sub-paragraphs (2) to (4) above, references to a conviction are references to a conviction whether in the United Kingdom or elsewhere but 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 must be disregarded.

This sub-paragraph applies to a person if—

a person is disqualified from holding, or for continuing to hold, office as a member; and

he is, or is proposed to become, a member,

for references to the “governing body” substitute references to the “committee”;

for references to a “governor” substitute references to a “member”;

for references to the “school” substitute references to the “unit or, as the case may be, the group of units”; and

for references to a “committee” substitute references to a “sub-committee of the committee”.

omit references to associate members.

in sub-paragraph (a) omit “statutory”,

after a sub-paragraph (b) insert—

“(bb)

the functions of the committee is a reference to the functions conferred on, or applied to, the committee by any enactment and functions delegated to the committee by the local education authority; ”.

in paragraph (1) omit “with the governing body or”;

in paragraph (2) for “The governing body shall” substitute “The authority shall”;

in paragraph (3) for sub-paragraph (c) substitute—

“(c)

the teacher in charge of the unit or, as the case may be, of any unit in the group of units.”;

in paragraph (5) for “The governing body may” substitute “The authority may”; and

omit paragraph (6).

in paragraph (4) for sub-paragraph (b) substitute—

“(b)

the teacher in charge of the unit or, as the case may be, of each unit in the group of units, whether or not he is a member;”; and

in paragraph (5) omit sub-paragraph (c).

in sub-paragraph (1)(b) for “Schedule 6 to the Constitution Regulations” substitute “Schedule 2 to the Education (Pupil Referral Units) (Management Committees etc.) (England) Regulations 2007”;

in sub-paragraph (1)(c) omit “or with the religious character”; and

in sub-paragraph (5) for “paragraph 5 of Schedule 6 to the Constitution Regulations” substitute “paragraph 4 of Schedule 2 to the Education (Pupil Referral Units) (Management Committees etc) (England) Regulations 2007”.

omit the words from “regulation 3(2)” to “2003”; and

for sub-paragraph (c) substitute—

“(c)

the teacher in charge of the unit or, as the case may be, of any of the units in the group of units, whether or not he is a member.”.

for paragraph (1) substitute—

“(1)

The authority shall appoint a clerk to each sub-committee, who must not be the teacher in charge of the unit or, as the case may be, of any unit in the group of units.”; and

in paragraph (3) for “governing body” substitute “authority” and omit “of their”.