Paragraph 5
Subject to sub-paragraph (2), if a person–
being a pupil or his parent, is present at a meeting of the governing body of a school at which the admission of, or disciplinary action against, that pupil is the subject of consideration;
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 the subject of consideration;
having made allegations, or having been a witness of an alleged incident, is present at a meeting at which, arising out of those allegations or that incident, disciplinary action against a pupil or against a person employed as a teacher or otherwise at the school is the subject of consideration;
having been concerned in a capacity other than that of a governor (whether as a head teacher or otherwise) with disciplinary action taken against a pupil or against a person employed as a teacher or otherwise at the school, is present at such a meeting at which an appeal against that disciplinary action is the subject of consideration;
being a person employed as a teacher or otherwise at the school or being the clerk to the governing body of the school, is present at any such meeting at which disciplinary action against him is the 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.
The provisions of sub-paragraph (1) relating to withdrawal during the discussion or consideration of the matter referred to in sub-paragraph (1)(c) shall not have effect in relation to a head teacher, the chief education officer or the representative of that officer, where he is such a person as is mentioned above by reason only of sub-paragraph (1)(c), but he shall not vote on any question with respect to the matter.
In this and the following paragraph any reference to disciplinary action includes a reference to suspension and expulsion or dismissal.