Paragraph 2

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

Sch. para.2(1) substituted by Education (School Government) 1996 reg.8(a)
Sch. para.2(5) added by Education (School Government) 1996 reg.8(b)
Sch. para.3(2) substituted by Education (School Government) 1996 reg.8(c)
Sch. para.4(2) substituted by Education (School Government) 1996 reg.8(d)
Sch. para.7 amended by Education (School Government) 1996 reg.8(e)
Sch. para. 2(4)(b)(ii) modified by Education (References to Delegated Budgets and Revocation) 1999 reg. 7

(1)

Subject to sub-paragraph (4), if a person has any pecuniary interest, direct or indirect, in any contract, proposed contract or other matter and is present at a meeting of the governing body at which the contract or other matter is the subject of consideration, he shall at the meeting and as soon as practicable after its commencement disclose the fact and–

(a)

take no part in the consideration or discussion of the contract or matter;

(b)

unless the governing body otherwise allow, withdraw from the meeting during such consideration or discussion; and

(c)

not vote on any question with respect to the contract or matter.

(2)

For the purposes of this paragraph a person shall be treated as having an indirect pecuniary interest in a contract, proposed contract or other matter if–

(a)

he or any nominee of his is a member of a company or other body with which the contract was made or is proposed to be made or which has a direct pecuniary interest in the matter under consideration; or

(b)

he is a partner, or is in the employment, of a person with whom the contract was made or is proposed to be made or who has a direct pecuniary interest in the matter under consideration:

Provided that a person shall not by virtue of this sub-paragraph be treated as so having such an interest by reason only of his membership of, or employment under, any public body or by reason only of his membership of a company or other body if he has no financial interest in any securities of that company or other body.

(3)

For the purposes of this paragraph a person shall be treated as having a direct or indirect pecuniary interest in a contract, proposed contract or other matter if a relative (including his spouse) living with him, to his knowledge has, or would be treated as having, such an interest, direct or indirect.

(4)

For the purposes of this paragraph, a governor of a school who is a teacher at that school, or the head teacher, whether he is a governor or not, shall not be treated as having a direct or indirect pecuniary interest in a contract, proposed contract or other matter by reason only–

(a)

of having an interest in the contract, proposed contract or matter which is no greater than the interest of the generality of teachers at the school;

(b)

of the fact that the contract, proposed contract or matter under consideration or discussion concerns the exercise by the governing body of any of their functions relating to–

(i)

the curriculum for the school; or

(ii)

the management of the school’s budget share under any scheme prepared by the local education authority under section 33 of the Education Reform Act 1988^f1; or

(c)

of the matter under consideration or discussion being whether to pass a resolution (whether a first or second resolution) under section 60(1)(a) of the Education Reform Act 1988 (which relates to the initiation of procedure for acquisition of grant-maintained status).

Annotations

Footnotes

f1: 1988 c. 40.