{
  "url": "https://openlegislation.uk/school-governance-new-schools-england-regulations-2007/schedule-2/paragraph-9",
  "json_url": "https://openlegislation.uk/school-governance-new-schools-england-regulations-2007/schedule-2/paragraph-9.json",
  "legislation": "uksi/2007/958",
  "legislation_title": "The School Governance (New Schools) (England) Regulations 2007",
  "legislation_url": "https://openlegislation.uk/school-governance-new-schools-england-regulations-2007",
  "path": "schedule/2/paragraph/9",
  "kind": "paragraph",
  "number": "9",
  "heading": "Criminal convictions",
  "text": "(1) Subject to sub-paragraph (5), a person is 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.\n(2) This sub-paragraph applies to a person if—\n(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\n(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,\nhe 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.\n(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.\n(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.\n(5) For the purposes of sub-paragraphs (2) to (4) above, 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 must be disregarded.\n(6) This sub-paragraph applies to a person if—\n(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\n(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,\nhe has been convicted under section 547 of EA 1996 (nuisance or disturbance on school premises) or under section 85A of the Further and Higher Education Act 1992 (nuisance or disturbance on educational premises) of an offence which took place on the premises of a maintained school, and has been sentenced to a fine.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "As amended by SSFA 1998 and section 206 of and Schedule 20 to EA 2002 and by section 6 of and Schedule 1 to EIA 2006."
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "1992 c.13 inserted by section 206 of and Schedule 2 to EA 2002."
    }
  ],
  "outstanding_effects": [
    {
      "type": "inserted",
      "affecting": "uksi/2015/883",
      "affecting_title": "The School Governance (Miscellaneous Amendments) (England) Regulations 2015"
    },
    {
      "type": "omitted",
      "affecting": "uksi/2015/883",
      "affecting_title": "The School Governance (Miscellaneous Amendments) (England) Regulations 2015"
    },
    {
      "type": "inserted",
      "affecting": "uksi/2015/883",
      "affecting_title": "The School Governance (Miscellaneous Amendments) (England) Regulations 2015"
    },
    {
      "type": "words substituted",
      "affecting": "uksi/2012/2404",
      "affecting_title": "The Tribunals, Courts and Enforcement Act 2007 (Consequential Amendments) Order 2012"
    },
    {
      "type": "am",
      "affecting": "uksi/2009/1924",
      "affecting_title": "The Education (Miscellaneous Amendments relating to Safeguarding Children) (England) Regulations 2009"
    },
    {
      "type": "words substituted by SI 2010/2582 Sch. 4 para. 17(2) (as inserted)",
      "affecting": "wsi/2011/577",
      "affecting_title": "The Children and Families (Wales) Measure 2010 (Commencement No.2, Savings and Transitional Provisions) (Amendment) and (Consequential Amendments) Order 2011"
    },
    {
      "type": "inserted",
      "affecting": "uksi/2009/1924",
      "affecting_title": "The Education (Miscellaneous Amendments relating to Safeguarding Children) (England) Regulations 2009"
    },
    {
      "type": "words substituted",
      "affecting": "uksi/2009/1924",
      "affecting_title": "The Education (Miscellaneous Amendments relating to Safeguarding Children) (England) Regulations 2009"
    }
  ],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2007/958/schedule/2/paragraph/9",
    "retrieved_at": "2026-10-29T03:56:42.580809+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}