Schedule 2
(Sections 57, 64, 70 and 71)
CONSTITUTION, PROCEDURE, AND FUNCTIONS OF BOARDS OF MANAGEMENT
1. Interpretation
In this Schedule “Board” means a Board of Management appointed under sections 57, 64, 70 and 71.
2. Chairperson and Deputy-Chairperson
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(1) Except in cases of Boards established under sections 70 and 71, a Board shall elect a chairperson and a deputy chairperson from among its members.
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(2) The membership of a Board as first constituted and any changes therein shall be notified in the Gazette.
3. Filling of vacancies
If any vacancy occurs in the membership of a Board such vacancy shall be filled by the appointment of another member in the manner indicated in sections 57, 64, 70 and 71, and such person shall hold office for the remainder of the period for which the previous member was appointed, provided however, that such appointment shall be made in the same manner and from the same category of persons, if any, as the appointment of the previous member.
4. Employment of member
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(1) A member of a Board shall not be appointed to any office or employment under the Board of which he or she is a member or any other Board.
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(2) A person is not eligible for appointment to any office or employment under a Board within one year from the date on which the person last held office or acted as a member of that Board.
5. Duration of membership
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(1) Every member of a Board shall hold office for a term of 3 years unless, before the end of the term the member dies, resigns, is removed from office for any cause by the Minister or the appointing authority under sections 70 and 71 or ceases to be a member in accordance with subsection (4).
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(2) Every member is eligible for reappointment for a further term.
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(3) Any member of a Board who fails without reasonable cause to attend 3 consecutive meetings of the Board shall cease to be a member thereof.
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(4) A member of a Board may at any time resign his or her office by instrument in writing addressed to the Minister and transmitted through the chairperson in cases of Boards established in public schools and through the denomination or proprietor in cases of Boards established for assisted schools. However, the resignation is effective from the date of receipt by the Minister of such instrument.
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(5) The chairperson may at any time resign office by instrument in writing addressed to the Minister in cases of Boards established in public schools and the denomination or proprietor in cases of Boards established in assisted schools. However, the resignation is effective from the date of receipt by the Minister of such instrument.
6. Meetings
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(1) A Board shall meet at least once in every school term and at such other times as may be necessary or expedient for the transaction of its business and such meetings shall be held at such places and times on such days as the chairperson may determine.
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(2) The chairperson—
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(a) may at any time summon a meeting of a Board; and
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(b) shall summon a meeting within 7 days—
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(i) on a request for that purpose addressed to the chairperson by any 3 members of a Board, or
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(ii) on a direction to that effect addressed to the chairperson by the Minister.
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(3) The chairperson, or in his or her absence the deputy chairperson, shall preside at any meeting of a Board.
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(4) At any meeting of a Board, in case of the absence or inability to act of both the chairperson and the deputy chairperson, the members of the Board shall elect one of their members to preside at that meeting.
7. Quorum
At any meeting of a Board a quorum shall be the minimum number constituting a majority of the total members of the Board.
8. Decisions
The decisions of a Board shall be by a majority of the votes of the members present and constituting a quorum, but in any case in which the voting is equal the chairperson, deputy chairperson or other member presiding at the meeting shall in addition to an original vote, have a second casting vote.
9. Minutes
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(1) Minutes in proper form of each meeting of a Board shall be kept by the secretary or such person as the Board may appoint for the purpose and shall be confirmed by the Board at its next meeting and signed by the chairperson or other person presiding at that meeting, and the secretary of the Board.
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(2) A copy of the Minutes of each meeting as recorded by the secretary or such person as is referred to in sub-paragraph (1) shall be submitted to the Minister within one month of the confirmation of the minutes.
10. Attendance of Chief Education Officer
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(1) The Chief Education Officer may attend any meeting of a Board or a committee or sub-committee thereof or may be represented at any such meeting by a public officer authorised by him or her in that behalf.
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(2) The Chief Education Officer or his or her representative may take part in the proceedings of any such meeting but shall not be entitled to vote or otherwise take part in the decision-making process of any such meeting.
11. Appointment of committees
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(1) A Board may appoint a committee for any of the purposes of the Board which in its opinion would be better regulated or managed by means of a committee, with or without restrictions or conditions, as it thinks fit.
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(2) The number of members of a committee appointed under this section and their terms of office shall be fixed by the Board.
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(3) A committee appointed under this section may include persons who are not members of the Board but the chairperson and at least 2/3 of the members of every committee shall be members of the Board.
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(4) Any committee appointed by a Board under this section may, subject to any restrictions imposed by the Board, appoint a sub-committee of its members as it may determine.
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(5) Any sub-committee appointed under this section shall be constituted in such manner as, subject to any restrictions imposed by the Board, may be determined by the appointing committee; but the chairperson and at least 2/3 of the members of every subcommittee shall be members of the Board.
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(6) Subject to any restrictions imposed by the Board where a committee appointed by the Board appoints a sub-committee in the exercise of the powers conferred on it by subsection (4), it may delegate to the sub-committee, with or without restrictions or conditions as it thinks fit, any of its functions.
12. Power to delegate
Without prejudice to section 11, a Board, after consultation with the Minister, may delegate to any committee such of its functions as it considers appropriate subject to such restrictions or conditions as it thinks fit.