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You are here: BAILII >> Databases >> United Kingdom Statutory Instruments >> The School Organisation (Requirements as to Foundations) (England) Regulations 2007 No. 1287 URL: http://www.bailii.org/uk/legis/num_reg/2007/20071287.html |
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Made | 25th April 2007 | ||
Laid before Parliament | 3rd May 2007 | ||
Coming into force | 25th May 2007 |
Persons disqualified from acting as charity trustees
4.
Without prejudice to sections 72 and 73 of the Charities Act 1993[3], the persons listed in the Schedule are disqualified from acting or continuing to act as a charity trustee of a foundation.
Power of Secretary of State to remove charity trustees
5.
—(1) In the circumstances set out in paragraph (2), the Secretary of State may, by direction, remove any charity trustee of a foundation.
(2) The circumstances mentioned in paragraph (1) are that, having regard to—
the Secretary of State is satisfied that the person has acted in any way which is incompatible with the objects or purposes of the foundation or is likely to bring into disrepute any school for which the foundation acts.
Power of Secretary of State to appoint charity trustees
6.
—(1) In the circumstances set out in paragraph (2), the Secretary of State may, by direction, appoint a person to be a charity trustee of a foundation.
(2) The circumstances mentioned in paragraph (1) are that, whether or not the Secretary of State has exercised his power under regulation 5, having regard to—
the Secretary of State is satisfied that such appointment is necessary to improve the administration of the foundation.
Procedure for removal and appointment of charity trustees under regulations 5 and 6
7.
—(1) Before exercising his powers under regulation 5, the Secretary of State must—
(2) Before exercising his powers under regulation 6, the Secretary of State must—
(b) provide the existing charity trustees with the opportunity to make representations in relation to the appointment.
Effect of direction made under regulations 5 and 6
8.
A direction made under regulation 5 or 6 is to have the same effect as an order of the Charity Commission for England and Wales under section 18 of the Charities Act 1993 for the removal or appointment of a charity trustee.
Jim Knight
Minister of State Department for Education and Skills
25th April 2007
2.
A person who either during his trusteeship of the foundation, or in the period of five years ending with the date on which his trusteeship of the foundation would otherwise have taken effect, has been convicted, whether in the United Kingdom or anywhere else, of an offence, the facts of which give rise to a criminal offence under English law, 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.
A person who within the period of 20 years ending with the date on which his trusteeship of the foundation would otherwise have taken effect has been convicted as stated in paragraph 2 of any offence and has had passed on him a sentence of imprisonment for a period of not less than two and a half years.
4.
A person who at any time has been convicted as stated in paragraph 2 of any offence and has had passed on him a sentence of imprisonment for a period of not less than five years.
5.
A person who has not obtained a criminal records certificate under section 113A of the Police Act 1997[9].
6.
A person who has not attained the age of 18.
7.
A person who is detained under the Mental Health Act 1983[10].
8.
A person who is paid to work at a school for which the foundation acts, except for the head teacher.
[3] 1993 c.10; section 72 is amended by the Insolvency Act 2000 (c. 39), s 8, Schedule 4, Pt II, para 18(a), (b), (c)(i), (ii); SI 2004/1941, Article 3, Schedule, para 5(a), (b), (c); SI 2006/242 Article 5, Schedule, Pt 1, para 6(1), (2); and SI 2006/1722, Article (2)(2), Schedule 2, Pt 1, art 1(1) and 4(b)back
[4] 1999 c. 14; as amended by the Care Standards Act 2000 (c.14).back
[6] 2000 c. 43; section 29A is inserted by the Criminal Justice Act 2003 (c. 44).back
[7] 1989 c. 41; inserted by the Care Standards Act 2000 (c.14).back
[9] 1997 c.50; inserted by section 163(2) of the Serious Organised Crime and Police Act 2005 (c.15).back