# The School Governance (New Schools) (England) Regulations 2007, Regulation 45: Restrictions on persons taking part in proceedings of the temporary governing body or their committees


(1) In this regulation and in Schedule 3—
(a) “relevant person” means a temporary governor, a temporary associate member, the head teacher or head teacher designate (whether or not he is a governor) or any person appointed as clerk to the temporary governing body or to a committee;
(b) any reference to a “meeting of the new school” is a reference to a meeting of the temporary governing body, or of a committee.
(2) Subject to paragraph (4), where—
(a) in relation to any matter there may be a conflict between the interests of a relevant person and the interests of the temporary governing body;
(b) a fair hearing is required and there is any reasonable doubt about a relevant person’s ability to act impartially in relation to any matter; or
(c) a relevant person has a pecuniary interest in any matter,
that person, if present at a meeting of the new school at which the matter is the subject of consideration, must disclose his interest, withdraw from the meeting and not vote on the matter in question.
(3) Nothing in this regulation or in Schedule 3 is to be construed as precluding—
(a) the temporary governing body, or a committee of the temporary governing body, from—
(i) allowing a person who appears to them to be able to give evidence to attend any hearing conducted by them into any matter and to present his evidence; or
(ii) hearing representations from a relevant person acting in a capacity other than that of a relevant person; or
(b) a relevant person from entering into a contract with the temporary governing body from which he is entitled to profit.
(4) A person who is acting as the clerk to a meeting of the new school is not required to withdraw from a meeting by this regulation or by Schedule 3 unless his appointment to office, his remuneration, or disciplinary action against him is the subject of consideration, but if this regulation or Schedule 3 would have otherwise required him to withdraw, he must not act in any capacity other than that of a clerk.
(5) Where there is any dispute as to whether a relevant person is required by this regulation or by Schedule 3 to withdraw from a meeting of the new school and not vote, that question is to be determined by the other temporary governors present at the meeting.
(6) Schedule 3 makes provision about pecuniary interests and other specified conflicts of interest.

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Source: https://www.legislation.gov.uk/uksi/2007/958/regulation/45 (the official version)
Page: https://openlegislation.uk/school-governance-new-schools-england-regulations-2007/regulation-45
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.