SCHEDULES
SCHEDULE 2Effect on staffing of suspension of delegated budget
C2Part 1Community, voluntary controlled, community special and maintained nursery schools
I1C2C41
The arrangements for the staffing of the school shall be determined by the F2local authority.
I2C2C42
The authority may appoint, suspend and dismiss teachers and other staff at the school as the authority think fit.
I3C2C43
The authority shall, in connection with the exercise of their functions under paragraph 2, consult the governing body to such extent as the authority think fit.
I4C24
In relation to teachers at a voluntary controlled school who are reserved teachers within the meaning of section 58 of the School Standards and Framework Act 1998 (c. 31) (appointment and dismissal of certain teachers at schools with a religious character), paragraph 2 shall have effect subject to the provisions of that section.
C1C3 Part 2Foundation, voluntary aided and foundation special schools
Sch. 2 Pt. 2 applied (1.9.2003) by School Staffing (England) Regulations 2003 (S.I. 2003/1963), regs. 1(2), 37
Sch. 2 Pt. 2 applied (W.) (1.4.2006) by The Staffing of Maintained Schools (Wales) Regulations 2006 (S.I. 2006/873), regs. 1(1), 39
I5C35
The arrangements for the staffing of the school shall be determined by the F2local authority.
I6C36
Except with the consent of the authority, the governing body shall not—
a
appoint any teacher to work at the school, or
b
dismiss any teacher at the school.
I7C37
The authority may give the governing body directions—
a
as to the educational qualifications of the teachers to be appointed for giving secular education, or
b
requiring them to dismiss any teacher at the school;
but the authority shall not give any directions under paragraph (a) except after consulting the governing body.
I8C38
The authority may give directions to the governing body as to the number and conditions of service of persons employed at the school for the purposes of the care and maintenance of the school premises.
I9C39
Where the trust deed relating to the school provides for a person other than the governing body to be entitled to control the occupation and use of the school premises to any extent, then, if and to the extent that (disregarding any transfer of control authorised by regulations under section 31) the use of those premises is or would be under the control of any such person, the reference in paragraph 8 to the governing body shall be read as a reference to that person.
I10C310
Paragraphs 6 and 7 have effect subject to section 58 of the School Standards and Framework Act 1998 (c. 31).
F111
Paragraph 8 has effect subject to—
a
any provision made by an order under section 231(2)(a) or 233(2)(a) of the Apprenticeships, Skills, Children and Learning Act 2009;
b
any provision made by an order under section 233(2)(d) or 234(2)(b) or (4)(b) of that Act, where the order provides that it is to have effect for determining the conditions of employment of persons to whom it applies.
Sch. 2 Pt. 1 applied (W.) (1.4.2006) by The Staffing of Maintained Schools (Wales) Regulations 2006 (S.I. 2006/873), regs. 1(1), 38