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Disqualification from membership of governing bodies

It is important for anyone who is thinking about applying to become a school governor to understand that some individuals may be disqualified from this position.

The declaration must be signed by all newly appointed governors in order to confirm there is no reason that they should not take up the role of school governor.

A person is disqualified from being a school governor if:

1.  that person would, at the date of appointment, be a member of the governing bodies of more than two schools.
2.  that person has been adjudged bankrupt or sequestration of his estate has been awarded and (in either case) he/she has not been discharged and the bankruptcy order has not been annulled or rescinded. That person has made a composition or arrangement with, or granted a trust deed for, his creditors and has not been discharged in respect of it.
3.  that person has been disqualified from serving as a company director or has an order made under Section 429 (2) (b) of the Insolvency Act 1986.
4.  that person has been removed from the office of trustee for a charity by an order made by the charity commissioners or the high court on the grounds of any misconduct or mismanagement in the administration of the charity.
5.  that person is liable to be detained under the Mental Health Act 1983.
6.(a)(i)that person has within the previous 5 years been convicted of any offence and has received a prison sentence (whether suspended or not) for a period of 3 months or more without the option of a fine; or
  (ii)that person has within the previous 20 years has been convicted of any offence and has received a prison sentence for a period of more than 2.5 years; or
  (iii)that person has at any time been convicted of any offence and has received a prison sentence of 5 years or more.
 (b) that person has within the previous 5 years been convicted under Section 547 Education Act 1996 (nuisance and disturbance on educational premises) which took place on the premises of a school and has been sentenced to a fine.

(The above is a summary of the provisions of Regulation 24 of the Government of Maintained Schools (Wales) Regulations 2005. If you want to read the Regulations, please contact The School and Governor Team)

Under the terms of these Regulations and with reference to Schedule 30 of the School Standards and Framework Act 1998 and the Safeguarding Vulnerable Groups Act 2006 your name may be checked to ensure it is not included on the 'Children's List' and the 'Vulnerable Adults List', which are lists of teachers and workers with children and young persons whose employment is prohibited or restricted. The presence of your name on this list would prevent you from becoming a governor or from continuing as a governor. In order to carry out this check, your date of birth will be required.

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