Paragraph 9 Criminal convictions

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

Sch 2, para 4 subst by School Governance (Constitution, Procedures and New Schools) 2004 reg 4(g)
Sch 2, para 6 subst (28.1.2005) by Education (Company Directors Disqualification Act 1986: Amendments to Disqualification Provisions) 2004 reg 2, Schedule, para 5
sch 2 am by Education (Disqualification Provisions: Bankruptcy and Mental Health) 2006 reg 2, schedule
Sch 2, para 1 excl (temp) by Haringey London Borough Council (Temporary Governing Body) 2005 arts 2, 3

(1)

Subject to sub-paragraph (5), a person shall be disqualified from holding, or continuing to hold, office as a temporary governor of a new school where any of sub-paragraphs (2) to (4) or (6) below apply to him.

(2)

This sub-paragraph applies to a person if–

(a)

within the period of five years ending with the date immediately preceding the date on which his appointment or election as a temporary governor would otherwise have taken effect or, as the case may be, on which he would otherwise have become a temporary governor by virtue of his office; or

(b)

since his appointment or election as temporary governor or, as the case may be, since he became a temporary governor by virtue of his office,

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

(3)

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 temporary governor would otherwise have taken effect or, as the case may be, on which he would otherwise have become a temporary governor by virtue of his office, he has been convicted of any offence, whether in the United Kingdom or elsewhere, and has had passed on him a sentence of imprisonment for a period of not less than two and a half years.

(4)

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

(5)

For the purposes of sub-paragraphs (2) to (4) above, there shall be disregarded 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.

(6)

This sub-paragraph applies to a person if–

(a)

within the period of five years ending with the date immediately preceding the date on which his appointment or election as temporary governor would otherwise have taken effect or, as the case may be, on which he would otherwise have become a temporary governor by virtue of his office; or

(b)

since his appointment or election as temporary governor or, as the case may be, since he became a temporary governor by virtue of his office,

he has been convicted under section 547 of the 1996 Act^f1 (nuisance and disturbance on education premises) of an offence which took place on the premises of a maintained school, and has been sentenced to a fine.

Annotations

Footnotes

f1: 1996 c. 56 as amended by section 206 of the 2002 Act.