Disability (United Nations Convention on the Rights of Persons with Disabilities) Act 2008

Amendments to Education Act 1989

4 Amendments to Education Act 1989

(1)

This section amends the Education Act 1989.

(2)

(3)

Section 104 is amended by inserting the following subsection after subsection (1):

(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.

(4)

Section 171(6) is amended by repealing paragraph (b) and substituting the following paragraphs:

(b)

the person is subject to a property order under the Protection of Personal and Property Rights Act 1988; or

(ba)

the person is a person in respect of whom a personal order has been made under that Act that reflects adversely on his or her—

(i)

competence to manage his or her own affairs in relation to his or her property; or

(ii)

capacity to make or to communicate decisions relating to any particular aspect or aspects of his or her personal care and welfare; or

(5)

Section 174(3) is amended by repealing paragraph (b) and substituting the following paragraphs:

(b)

becomes subject to a property order under the Protection of Personal and Property Rights Act 1988 (other than an order under section 30 of that Act); or

(ba)

becomes subject to a personal order under that Act that reflects adversely on his or her—

(i)

competence to manage his or her own affairs in relation to his or her property; or

(ii)

capacity to make or to communicate decisions relating to any particular aspect or aspects of his or her personal care and welfare; or

(6)

Section 174 is amended by inserting the following subsections after subsection (3):

(3A)

The Council may, by resolution, suspend a member of the Council (other than the chief executive) as a member if the member becomes subject to a property order made under section 30 of the Protection of Personal and Property Rights Act 1988 (which relates to temporary orders).

(3B)

If a member is suspended under subsection (3A),—

(a)

the suspension has effect as if the member had been granted leave of absence; and

(b)

the member is not capable of acting as a member during the period of suspension; and

(c)

the suspension continues until the property order made under section 30 of the Protection of Personal and Property Rights Act 1988 ceases to be in force (but this does not affect any powers of the Council under subsection (3) in respect of the member).

(7)

Section 174(4) is amended by inserting “or suspending” after “dismissing”.