Citation and commencement

1. These Regulations may be cited as the Education (Disqualification Provisions: Bankruptcy and Mental Health) (England) Regulations 2006 and shall come into force on 8th September 2006.

Disqualification provisions

2. The Schedule to these Regulations (which makes amendments to provisions relating to the grounds on which individuals are disqualified from holding certain offices under education legislation) has effect.

Regulation 2

SCHEDULE Amendment of Disqualification Provisions

Education (Foundation Body) (England) Regulations 2000

1. For paragraph 1 of Schedule 4 to the Education (Foundation Body) (England) Regulations 2000( 3 ) (disqualification for holding office), substitute—

“ 1. A person shall be disqualified for holding, or for continuing to hold, office as a member of a foundation body at any time when he is detained under the Mental Health Act 1983. ” .

School Companies Regulations 2002

2. In Schedule 1 to the School Companies Regulations 2002( 4 ) (individuals who cannot be members of a school company)—

(a) for paragraph 1 substitute—

“ 1. A person—

(a) whose estate has been sequestrated and the sequestration has not been discharged, annulled or reduced; or

(b) who is the subject of a bankruptcy restrictions order or an interim order. ” ;

(b) omit paragraph 2; and

(c) for paragraph 13 substitute—

“ 13. A person who is detained under the Mental Health Act 1983. ” .

School Companies (Private Finance Initiative Companies) Regulations 2002

3. In the Schedule to the School Companies (Private Finance Initiative Companies) Regulations 2002( 5 ) (individuals who cannot be members of a school PFI company)—

(a) for paragraph 1 substitute—

“ 1. A person—

(a) whose estate has been sequestrated and the sequestration has not been discharged, annulled or reduced; or

(b) who is the subject of a bankruptcy restrictions order or an interim order. ” ;

(b) omit paragraph 2; and

(c) for paragraph 13 substitute—

“ 13. A person who is detained under the Mental Health Act 1983. ” .

School Governance (Constitution) (England) Regulations 2003

4. For paragraph 6 of Schedule 6 (qualifications and disqualifications) to the School Governance (Constitution)(England) Regulations 2003( 6 ) substitute—

“ 6. A person is disqualified from holding or continuing to hold office as a governor of a school if—

(a) his estate has been sequestrated and the sequestration has not been discharged, annulled or reduced; or

(b) he is the subject of a bankruptcy restrictions order or an interim order. ” .

New Schools (General) (England) Regulations 2003

5. For paragraph 5 of Schedule 2 to the New Schools (General) (England) Regulations 2003( 7 ) (qualifications and disqualifications) substitute—

“ 5. A person shall be disqualified from holding or continuing to hold office as a temporary governor of a new school if—

(a) his estate has been sequestrated and the sequestration has not been discharged, annulled or reduced; or

(b) he is the subject of a bankruptcy restrictions order or an interim order. ” .