School Standards and Framework Act 1998

6 (1) The governing body shall appoint a selection panel consisting of at least three of their members to perform the functions conferred on them by this paragraph.

(2) The selection panel shall—

(a) select for interview such applicants for the post as they think fit and, where the post is that of head teacher, notify the local education authority in writing of the names of the applicants so selected,

(b) interview such of those applicants as attend for the purpose,

(c) where they consider it appropriate to do so, recommend to the governing body for appointment one of the applicants interviewed by them, and

(d) if their recommendation is approved by the governing body, recommend the applicant in question to the local education authority for appointment.

(3) Any decision of the selection panel shall be taken by a vote representing an absolute majority of all the members of the panel (whether or not taking part in the vote).

(4) If, within the period of 14 days beginning with the date when they receive a notification under sub-paragraph (2)(a), the authority make written representations to the selection panel that any of the applicants selected by the panel is not a suitable person for the appointment, the panel shall not recommend that person to the governing body for appointment unless the panel have—

(a) considered those representations, and

(b) notified the authority in writing of their response to the representations;

and when making such a recommendation the panel shall supply the governing body with a copy of those representations and of the panel’s response to them.

(5) If the panel do not recommend a person to the governing body, or the governing body do not approve their recommendation, the governing body—

(a) may, if they think fit, re-advertise the vacancy in the manner required by paragraph 5, and

(b) whether or not they re-advertise the vacancy, may require the panel to repeat the steps mentioned in sub-paragraph (2).

(6) In determining whether a person is suitable for appointment as head teacher the authority shall have regard to any guidance given from time to time by the Secretary of State.