Declaration of Eligibility for Foundation Multi-Academy Trust Directors

  • 68. No person shall be qualified to be a Director unless he is aged 16 or over at the date of his election or appointment.

    69. A Director shall cease to hold office if he becomes incapable by reason of illness or injury of managing or administering his own affairs.

    70. A Director shall cease to hold office if he is absent without the permission of the Directors from all their meetings held within a period of six months and the Directors resolve that his office be vacated.

    71. A person shall be disqualified from holding or continuing to hold office as a Director 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.

    72. A person shall be disqualified from holding or continuing to hold office as a Director at any time when he is 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).

    73. A Director shall cease to hold office if he ceases to be a Director by virtue of any provision in the Companies Act 2006 or is disqualified from acting as a trustee by virtue of section 178 of the Charities Act 2011 (or any statutory re-enactment or modification of that provision).[1]

    74. A person shall be disqualified from holding or continuing to hold office as a Director if he has 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 he was responsible or to which he was privy, or which he by his conduct contributed to or facilitated.

    75. A person shall be disqualified from holding or continuing to hold office as a Director if he has not given the written undertaking described in Article 45A or Article 103.

    76. Not used.

    77. A person shall be disqualified from holding or continuing to hold office as a Director where he has, 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 a person has been convicted of any offence which falls under section 178 of the Charities Act 2011.

    78. After the Academy has opened, a person shall be disqualified from holding or continuing to hold office as a Director if, being a Foundation Director he has not provided to an officer of the Diocesan Bishop, or being another category of Director, he has not provided to the chairman of the Directors 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 Diocesan Bishop or chairman or the Chief Executive Officer confirm their unsuitability to work with children that person shall be disqualified. If a dispute arises as to whether a person shall be disqualified, a referral shall be made to the Secretary of State to determine the matter. The determination of the Secretary of State shall be final.

    [1] Clauses 20A-F of the Church Supplemental Agreement contain the procedure to be followed should the Secretary of State have any concerns about the suitability of any person appointed as a Director.

  • * You are included in the list kept by the Secretary of State under section 1 of the Protection of Children Act 1999.

    * You are disqualified from working with children in accordance with Section 35 of the Criminal Justice and Court Services Act 2000.

    * You are barred from regulated activity relating to children (within the meaning of section 3(2) of the Safeguarding Vulnerable Groups Act 2006) .

    * You are subject to a direction of the Secretary of State under Section 142 of the 2002 Act. This is the list of those deemed unsuitable to work with children. The same applies to those disqualified to work with children under Sections 28 and 29 of the Criminal Justice and Court Services Act (The Sex Offenders’ Register) .

    * You are a current pupil at the School/Academy.

    * You are the Company Secretary.

    * You have ceased to be a Director by virtue of any provision in the Companies Act 2006 or are disqualified from acting as a trustee by virtue of section 72 of the Charities Act 1993 (or any statutory re-enactment or modification of that provision) .

 

DECLARATION

  • Information provided on this form, together with all other personal data held about these individuals by the Clifton Diocese, is processed in accordance with the Diocese’s Privacy Notice, which is available at https://cliftondiocese.com/privacy-notice or from Alexander House.
 

Verification