The Education (Pupil Referral Units) (Management Committees etc.) (Wales) Regulations 2014

The title of these Regulations is the Education (Pupil Referral Units) (Management Committees etc.) (Wales) Regulations 2014.

These Regulations, except regulations 22 and 23, come into force on 31 October 2014.

Regulations 22 and 23 come into force on 23 February 2015.

These Regulations apply in relation to Wales.

in relation to a unit opened before 31 October 2014, by 23 February 2015; and

in relation to a unit opened on or after 31 October 2014, 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 it; or

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

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 it; and

appoint the first members of each committee established by it 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 decides that the instrument of government should be varied, the committee or (as the case may be) the authority must notify the other of its proposed variation together with its reasons for proposing such a variation.

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

If—

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

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” (“rhiant-aelod”) means—

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

A person is not disqualified from continuing to hold office as a parent member when that person 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 that person is otherwise disqualified under these Regulations.

In these Regulations “staff member” (“staff-aelod”) 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” (“aelod a benodir gan yr awdurdod”) 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 that person is eligible to be a staff member.

In these Regulations “community member” (“aelod cymunedol”) 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 that person 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 (or, in the case of a group of units, the teacher in charge of each of the units) must be included whether or not that person has resigned their 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 that person 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 their office by giving written notice to the clerk to the committee.

The teacher in charge of a unit may withdraw their 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 that member’s 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” (“corff enwebu”) 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” (“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 there is no other person to be appointed from sub-paragraph (1)(a).

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.

This paragraph applies to any member who is not a member by virtue of that person’s office.

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

Where a member has sent an apology to the clerk to the committee before a meeting which that person does not propose to attend, the minutes of the meeting must record the committee’s consent or otherwise to the absence and a copy of the minutes must be sent to the member concerned at that person’s normal place of residence.

A member who has been disqualified as a under sub-paragraph (2) is not qualified for election, nomination or appointment as a member of any category at that unit during the twelve months immediately following that person’s disqualification under sub-paragraph (2).

that person has been F1made bankrupt or sequestration of that person’s estate has been awarded and (in either case) that person has not been discharged and the bankruptcy order has not been annulled or rescinded or a moratorium period under a debt relief order applies in relation that person; or

that person has made a composition or arrangement with, or granted a trust deed for, that person’s creditors and has not been discharged in respect of it.

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^f4 (failure to pay under county court administration order).

that person has been removed from the office of trustee for a charity by an order made by the Charity Commissioners or the High Court on the grounds of any misconduct or mismanagement in the administration of the charity for which that person was responsible or to which that person was privy, or to which that person contributed or which that person facilitated by that person’s conduct; or

that person has been removed, under section 34 of the Charities and Trustee Investment (Scotland) Act 2005^f1 (powers of Court of Session to deal with management of charities), from being concerned in the management or control of any body.

included in the list of teachers and workers with children or young persons whose employment is prohibited or restricted under section 1 of the Protection of Children Act 1999^f1;

subject to a direction of the Welsh Ministers or the Secretary of State under section 142 of the 2002 Education Act^f2;

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 XA of the Children Act 1989^f4 for childminding or providing day care;

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

barred from regulated activity relating to children in accordance with section 3(2) of the Safeguarding Vulnerable Groups Act 2006^f6;

subject to a direction by the appropriate authority under section 167A of the 2002 Education Act^f7;

by virtue of an order made under section 470 or section 471 of the 1996 Education Act, disqualified from being the proprietor of any independent school or from being a teacher or other employee in any school; or

disqualified from registration under Part 2 of the Children and Families (Wales) Measure 2010.

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

This sub-paragraph applies to a person if—

that person has been convicted, whether in the United Kingdom or elsewhere, of any offence and has had passed on that person a sentence of imprisonment (whether suspended or not) for a period of not less than three months without the option of a fine.

This sub-paragraph applies to a person if within the period of 20 years ending with the date immediately preceding the date on which that person’s appointment or election as member would otherwise have taken effect or, as the case may be, on which that person would otherwise have become a member by virtue of that person’s office, that person has been convicted as aforesaid of any offence and has had passed on them a sentence of imprisonment for a period of not less than two and a half years.

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

For the purposes of sub-paragraphs (2) to (4), 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 in that part of the United Kingdom under the law in force at the time the facts given rise to the offence had taken place, must be disregarded.

This sub-paragraph applies to a person if—

that person has been convicted under section 547 of the 1996 Education Act^f1 (nuisance or disturbance on school premises) or under section 85A of the Further and Higher Education Act 1992^f2 (nuisance and disturbance on educational premises) of an offence and has been sentenced to a fine.

by virtue of any of paragraphs 6 to 11 a person is disqualified from holding, or for continuing to hold, office as a member of a committee; and

that person 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”.

in paragraph (1) omit “and to section 18 of the 1998 Act (power of National Assembly for Wales to appoint additional governors)”; and

in paragraph (6) omit “and to section 18 of the 1998 Act”.

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

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

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 that person is a member;”; and

in paragraph (6) omit sub-paragraph (d).

in paragraph (1) omit “any associate pupil governors”;

in paragraph (2) omit “(excluding any associate pupil governors)”; and

omit paragraphs (2A) and (4).

in paragraph (1)(b) for “Schedule 5” substitute “Schedule 2 to the Education (Pupil Referral Units) (Management Committees etc.) (Wales) Regulations 2014”;

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

in paragraph (6) for “paragraph 5 of Schedule 5” substitute “paragraph 5 of Schedule 2 to the Education (Pupil Referral Units) (Management Committees etc) (Wales) Regulations 2014”.

omit the words from “regulation 3(2)” to “2000”; 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 that person is a member.”

for paragraph (1) substitute—

“(1)

The authority must 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.”;

omit paragraph (2); and

in paragraph (4) for “governing body” substitute “authority” and omit “of their”.

for paragraph (1)(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 that person is a member of the sub-committee;” and

omit paragraph (3).