Education (Accreditation of Non-State Schools) Act 2017
sec.26Suitability of governing body
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sec.26 Suitability of governing body
This section applies if the board is deciding— whether the proposed governing body of a school is suitable to be the school’s governing body; or whether the governing body of an accredited school is suitable to continue to be the school’s governing body. In making its decision, the board may have regard to the following matters— the governing body’s relationship with other entities; whether the governing body has appropriate guiding principles and procedures for identifying, declaring and dealing with any conflict of interest a director of the governing body may have in relation to an aspect of the operation of the school; the conduct of the governing body, or its directors, in relation to the operation of the school; if the governing body has a conviction for an offence—the nature of, and circumstances of the commission of, the offence; if any of the governing body’s directors has a conviction, other than a spent conviction, for an indictable offence—the nature of, and circumstances of the commission of, the offence; a criminal history report about the governing body or a director of the governing body obtained under section 28 ; a report of an authorised person obtained under section 29 (1) ; any other matter the board considers relevant. The governing body of a school is not suitable to be, or to continue to be, a school’s governing body unless each director of the governing body has a working with children authority. In this section— conviction , for an indictable offence, means being found guilty of the offence, on a plea of guilty or otherwise, whether or not a conviction is recorded. indictable offence includes an indictable offence dealt with summarily. s 26 amd 2019 No. 18 s 86 (2) sch 2 (sec.26-ssec.1) This section applies if the board is deciding— whether the proposed governing body of a school is suitable to be the school’s governing body; or whether the governing body of an accredited school is suitable to continue to be the school’s governing body. (sec.26-ssec.2) In making its decision, the board may have regard to the following matters— the governing body’s relationship with other entities; whether the governing body has appropriate guiding principles and procedures for identifying, declaring and dealing with any conflict of interest a director of the governing body may have in relation to an aspect of the operation of the school; the conduct of the governing body, or its directors, in relation to the operation of the school; if the governing body has a conviction for an offence—the nature of, and circumstances of the commission of, the offence; if any of the governing body’s directors has a conviction, other than a spent conviction, for an indictable offence—the nature of, and circumstances of the commission of, the offence; a criminal history report about the governing body or a director of the governing body obtained under section 28 ; a report of an authorised person obtained under section 29 (1) ; any other matter the board considers relevant. (sec.26-ssec.3) The governing body of a school is not suitable to be, or to continue to be, a school’s governing body unless each director of the governing body has a working with children authority. (sec.26-ssec.4) In this section— conviction , for an indictable offence, means being found guilty of the offence, on a plea of guilty or otherwise, whether or not a conviction is recorded. indictable offence includes an indictable offence dealt with summarily.