Citation, commencement and application

1. —(1) These Regulations may be cited as the School Organisation (Requirements as to Foundations) (England) Regulations 2007 and come into force on 25th May 2007.

(2) These Regulations apply only in relation to England.

Interpretation

2. Any reference in these regulations to a foundation is a reference to the foundation of a school to which section 23A of the School Standards and Framework Act 1998 applies.

Form of body corporate

3. The foundation must be either—

(a) a company registered under the Companies Act 1985( 2 ) as a company limited by shares or by guarantee; or

(b) a body incorporated by Royal Charter.

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—

(a) the objects or purposes of the foundation, and

(b) the functions carried out by the foundation in relation to the school,

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—

(a) the objects or purposes of the foundation, and

(b) the functions carried out by the foundation in relation to the school,

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—

(a) notify each of the charity trustees of the foundation that he intends to exercise his power, setting out the reasons for his decision to remove any charity trustee; and

(b) provide the person whom he proposes to remove with the opportunity to make representations against his removal.

(2) Before exercising his powers under regulation 6, the Secretary of State must—

(a) notify each of the charity trustees of the foundation that he intends to exercise his power, setting out—

(i) the reasons for his decision to appoint a person to be a charity trustee; and

(ii) the particulars of the person whom he proposes to appoint; and

(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.

Regulation 4

SCHEDULE Individuals disqualified from acting as charity trustees of a foundation

The following individuals may not act or continue to act as a charity trustee of a foundation—

1. A person who is—

(a) included in the list kept under section 1 of the Protection of Children Act 1999( 4 ) (list of those considered by the Secretary of State as unsuitable to work with children);

(b) subject to a direction of the Secretary of State under section 142 of the Education Act 2002 ( 5 ) (or any other disqualification, prohibition or restriction which takes effect as if contained in such a direction) ;

(c) disqualified from working with children under sections 28, 29 or 29A of the Criminal Justice and Court Services Act 2000( 6 );

(d) disqualified from registration under Part 10A of the Children Act 1989( 7 ) for child minding or providing day care; or

(e) disqualified from registration under Part 3 of the Childcare Act 2006( 8 ).

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.