Office of Public Sector Information
Sections 35(7) and 36(7)
1 The arrangements for the staffing of the school shall be determined by the local education authority.
2 The authority may appoint, suspend and dismiss teachers and other staff at the school as the authority think fit.
3 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.
4 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.
5 The arrangements for the staffing of the school shall be determined by the local education authority.
6 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.
7 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.
8 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.
9 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.
10 Paragraphs 6 and 7 have effect subject to section 58 of the School Standards and Framework Act 1998 (c. 31).
Section 40
1 In this Schedule “the 1998 Act” means the School Standards and Framework Act 1998.
2 (1) Section 48 of the 1998 Act (local education authorities' financial schemes) is amended as follows.
(2) In subsection (1) after “by the authority” there is inserted “or the exercise by the governing bodies of those schools of the power conferred by section 27 of the Education Act 2002 (power of governing body to provide community facilities etc.)”.
(3) In subsection (2) after paragraph (d) there is inserted—
“(dd) the imposition, by or under the scheme, of conditions which must be complied with by schools in relation to the exercise of the power mentioned in subsection (1), including conditions prescribing financial controls and procedures;”.
3 In section 50 of the 1998 Act (effect of financial delegation), in subsection (4) (meaning of “purposes of the school”) before paragraph (a) there is inserted—
“(za) facilities and services under section 27 of the Education Act 2002 (power of governing body to provide community facilities etc.),”.
4 After section 51 of the 1998 Act there is inserted—
(1) Expenditure incurred by the governing body of a maintained school in the exercise of the power conferred by section 27 of the Education Act 2002 (power of governing body to provide community facilities etc.) shall, as against third parties, be treated as part of the expenses of maintaining the school under section 22, but if met by the local education authority may be recovered by them from the governing body.
(2) Except as provided by regulations under section 50(3)(b), no expenditure incurred by the governing body of a maintained school in the exercise of the power referred to in subsection (1) shall be met from the school’s budget share for any financial year.
(3) Subsection (2) applies at a time when the school does not have a delegated budget by virtue of any suspension under section 17 or Schedule 15, as well as a time when it does have a delegated budget.”
5 In Schedule 15 to the 1998 Act (suspension of financial delegation), in paragraph 1(1) (cases where local education authority may suspend governing body’s right to a delegated budget) the word “or” at the end of paragraph (a) is omitted and at the end of paragraph (b) there is inserted “or
(c) are not managing in a satisfactory manner any expenditure, or sums received, in the exercise of the power conferred by section 27 of the Education Act 2002 (power to provide community facilities etc.).”
6 (1) Section 58 of the 1998 Act (appointment and dismissal of certain teachers at a school with a religious character) is amended as follows.
(2) In subsection (2)—
(a) for “the teaching staff of” there is substituted “teachers at”, and
(b) for “the teaching staff shall” there is substituted “the teachers shall”.
(3) In subsection (3), for “the number of the teaching staff”, in both places where it occurs, there is substituted “the total number of teachers”.
(4) In subsection (4), for “while holding the post of” there is substituted “while he remains”.
(5) In subsection (6), for the words from “may” to the end there is substituted “may—
(a) in the case of a teacher who is an employee, require the appropriate body to dismiss him from employment as a reserved teacher at the school, and
(b) in the case of a teacher who is engaged otherwise than under a contract of employment, require the governing body to terminate his engagement.”.
(6) In subsection (9), in the definition of “reserved teacher”, after “employed” there is inserted “or engaged”.
7 In section 59 of the 1998 Act (staff at community, secular foundation or voluntary, or special school), in subsection (2)(b), after “employed” there is inserted “or engaged”.
8 (1) Section 60 of the 1998 Act (staff at foundation or voluntary school with religious character) is amended as follows.
(2) In subsection (5)(b), after “employment” there is inserted “or engagement”.
(3) In subsection (6), after “employed” there is inserted “or engaged”.
Education Act 2002