Education Act 1989

  • repealed
  • Education Act 1989: repealed, on 1 August 2020, by section 669(3)(b) of the Education and Training Act 2020 (2020 No 38).
178 Meetings of councils

(1)

The chairperson of a council may convene meetings to be held at such places and times as he or she determines.

(2)

It is the duty of the chairperson of a council to convene such meetings as he or she thinks necessary for the efficient performance of the functions of the council.

(3)

If so requested by written notice by not fewer than 3 members of a council, the chairperson of the council shall convene a meeting.

(4)

If there is no chairperson of a council or for any reason the chairperson is not available, the deputy chairperson of the council has the powers and duties of the chairperson under subsections (1) to (3) and references in those subsections to the chairperson shall be construed as references to the deputy chairperson.

(4A)

Meetings may be held by means of audio, audio and visual, or electronic communication if—

(a)

each member who wishes to participate in the meeting has access to the technology needed to participate in the meeting; and

(b)

a quorum of members can simultaneously communicate with each other throughout the meeting.

(4B)

If a meeting is held in accordance with subsection (4A), each member who participates in the meeting by means of audio, audio and visual, or electronic communication is present at the meeting for the purposes of subsections (5) to (9).

(5)

No business shall be transacted at a meeting unless a majority of the members then holding office are present.

(6)

The chairperson shall preside at all meetings at which he or she is present.

(7)

If the chairperson is not present at a meeting but the deputy chairperson is present, the deputy chairperson shall preside.

(8)

If neither the chairperson nor the deputy chairperson is present at a meeting, the members present shall appoint one of their number to preside.

(9)

Every question before a meeting shall be decided by a majority of the votes cast on it by the members present.

(10)

At a meeting the member presiding has a deliberative vote on every question, and on any question where the deliberative votes for and against are equal also has a casting vote.

(11)

Except as provided by this section, a council shall determine its own procedures.

Section 178: inserted, on 1 January 1991, by section 37 of the Education Amendment Act 1990 (1990 No 60).

Section 178(3): amended, on 13 February 2015, by section 12 of the Education Amendment Act 2015 (2015 No 1).

Section 178(4A): inserted, on 30 March 2018, by section 25 of the Education (Tertiary Education and Other Matters) Amendment Act 2018 (2018 No 6).

Section 178(4B): inserted, on 30 March 2018, by section 25 of the Education (Tertiary Education and Other Matters) Amendment Act 2018 (2018 No 6).