Governance Disqualification

  • You must be aged 18 or over at the date of the election or appointment.
  • You must not be a current pupil or current student of any of the Academies in the Trust
  • If standing for an office requiring you to be a parent, you must be a parent of a registered pupil at the time of election

 

Ceasing to hold office or disqualification:

ILLNESS:

You would cease to hold office if you become incapable by reason of illness or injury of managing or administering your own affairs.

ABSENCE:

You would cease to hold office if you are absent without the permission of the relevant governance body from all their meetings held within a period of six months and the trustees resolve that your office be vacated.

BANKRUPTCY

You would be disqualified from holding or continuing to hold office if

  • You have been declared bankrupt and/or your estate has been seized from your possession for the benefit of your creditors and the declaration or seizure has not been discharged, annulled or reduced; or
  • You are the subject of a bankruptcy restrictions order or an interim order.

 

COMPANY or CHARITIES ACT DISQUALIFICATION: 

  • You would be disqualified from holding or continuing to hold office when you are subject to a disqualification order or a disqualification undertaking under the Company Directors Disqualification Act 1986 or to an order made under section 429(2)(b) of the Insolvency Act 1986 (failure to pay under county court administration order).
  • You would cease to hold office by virtue of any provision in the Companies Act 2006, and/or if disqualified by virtue of section 178 of the Charities Act 2011 (or any statutory re-enactment or modification of that provision).
  • You would be disqualified from holding or continuing to hold office if you have been removed from the office of charity trustee or trustee for a charity by an order made by the Charity Commission or the High Court on the grounds of any misconduct or mismanagement in the administration of the charity for which you were responsible or to which you were privy, or which you by your conduct contributed to or facilitated.

 

CRIMINAL OFFENCES: 

  • You would be disqualified from holding or continuing to hold office where you have, at any time, been convicted of any criminal offence, excluding any that have been spent under the Rehabilitation of Offenders Act 1974 as amended, and excluding any offence for which the maximum sentence is a fine or a lesser sentence except where you have been convicted of any offence which falls under section 178 of the Charities Act 2011.
  • You would be disqualified from holding or continuing to hold office if you have not provided a criminal records certificate at an enhanced disclosure level under section 113B of the Police Act 1997. In the event that the certificate discloses any information which would in the opinion of either the chairman or the Chief Executive Officer confirm your unsuitability to work with children you would be disqualified. If a dispute arises as to whether you would be disqualified, a referral would be made to the Secretary of State to determine the matter. The determination of the Secretary of State would be final.

 

NOTIFICATION:

You have a duty to notify the Clerk in writing if you meet any of the disqualification criteria and you hold office, or are about to hold office.