Casual vacancies on boards

Heading: inserted, on 19 May 2017, by section 87 of the Education (Update) Amendment Act 2017 (2017 No 20).

104 When casual vacancies arise

(1)

When an elected, appointed, or co-opted trustee—

(a)

dies; or

(b)

resigns by written notice to the board; or

(c)

without the prior leave of the board, is absent from 3 consecutive meetings of the board; or

(d)

becomes a person who (in terms of section 103(1)) may not become an elected, appointed, or co-opted trustee,—

the trustee’s office becomes vacant.

(1A)

If a property order is made in respect of a trustee under section 30 of the Protection of Personal and Property Rights Act 1988 (which relates to temporary orders),—

(a)

subsection (1)(d) does not apply to the trustee by virtue only of the making of that order; but

(b)

while the order remains in force, the trustee is deemed to have been granted leave of absence by the board and is not capable of acting as a trustee during that period.

(2)

When a trustee elected by the board staff ceases to be a member of the board staff, the trustee’s office becomes vacant.

(3)

On any day when—

(a)

already 1 co-opted trustee is a member of the board staff; and

(b)

a second co-opted trustee becomes a member of the board staff,—

the second trustee’s office becomes vacant.

(4)

When the board of a State integrated school receives a written notice from the school’s proprietors dismissing any trustee appointed by them, the trustee’s office becomes vacant.

(5)

When a trustee elected by students ceases to be enrolled full-time at the school or institution, the trustee’s office becomes vacant.

(6)

If—

(a)

at any election of trustees fewer persons are elected than there are vacancies to be filled; and

(b)

the board is not then dissolved,—

every unfilled vacancy is a casual vacancy, and shall be deemed to have arisen on the day on which the elected trustees take office.

Compare: 1989 No 3 s 14

Section 104(1A): inserted, on 10 September 2008, by section 4(3) of the Disability (United Nations Convention on the Rights of Persons with Disabilities) Act 2008 (2008 No 64).

Section 104(4): amended, on 19 May 2017, by section 88 of the Education (Update) Amendment Act 2017 (2017 No 20).

Section 104(6): amended, on 19 December 1998, by section 28 of the Education Amendment Act (No 2) 1998 (1998 No 118).