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Education (No. 2) Act 1986
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Changes over time for: Section 40
Version Superseded: 01/11/1996
Alternative versions:
- 01/02/1991- Amendment
- 28/06/1995
Point in time - Stop date 01/11/1996- Amendment
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Point in time view as at 28/06/1995. This version of this provision has been superseded.
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40 Appointment and dismissal of clerk to governing body. E+W
(1)The articles of government for every county and maintained special school shall provide for the clerk to the governing body to be appointed by the local education authority in accordance with arrangements to be determined by them in consultation with the governing body.
(2)The clerk to the governing body of any controlled or special agreement school shall be appointed—
(a)where the articles of government make provision in relation to his appointment, in accordance with that provision;
(b)in every other case, by the authority in accordance with arrangements determined by them in consultation with the governing body.
(3)Arrangements determined in respect of any school under subsections (1) or (2)(b) above may be varied by the authority in consultation with the governing body.
(4)The articles of government for every county and maintained special school shall provide for it to be the duty of the authority not to dismiss the clerk except in accordance with arrangements determined by them in consultation with the governing body.
(5)The articles of government for every county, controlled, special agreement and maintained special school shall provide for the governing body to have power, where the clerk fails to attend any meeting of theirs, to appoint one of their number to act as clerk for the purposes of that meeting, but without prejudice to his position as a governor.
(6)The clerk to the governing body of any controlled or special agreement schools may not be dismissed except—
(a)where the articles of government make provision in relation to his dismissal, in accordance with that provision; or
(b)in any other case, in accordance with arrangements determined by the local education authority in consultation with the governing body.
(7)The articles of government for every county, controlled, special agreement and maintained special school shall provide for it to be the duty of the local education authority to consider any representations made to them by the governing body as to the dismissal of their clerk.
Modifications etc. (not altering text)
C1Ss. 34–40 modified by S.I. 1989/1135, art. 3(1)(d), Sch. 4
C2S. 40 (other than s. 40(5)) excluded by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 44(2)(c), (5), 231(7), 235(6), Sch. 4 para. 1(2)
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