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Part IIIE+W Grant-maintained schools

Chapter IIIE+W Property, staff and contracts

Effect of pending procedure for acquisition of grant-maintained status on property disposals, etc.E+W

209 Restriction on staff changes.E+W

(1)During any period when the procedure for acquisition of grant-maintained status is pending in relation to a school, the local education authority shall not do any of the things mentioned in subsection (2) without the required consent.

(2)Those things are—

(a)the appointment of a person to fill a vacancy in a post which is part of the complement of the school or to work solely at the school in any other post,

(b)the dismissal (otherwise than under section 143(6) or 144(3) (special provisions as to religious education in voluntary schools)) of a person to whom subsection (3) applies, and

(c)the withdrawal of such a person from work at the school (otherwise than by dismissing him).

(3)This subsection applies to any person who is employed—

(a)in a post which is part of the complement of the school, or

(b)to work solely at the school in any other post.

(4)The references in this section to the complement of the school are to the complement of teaching and non-teaching posts determined by the local education authority for the school under section 133(1) to (3) (determination of staff complement for schools).

(5)In the case of anything done after proposals for acquisition of grant-maintained status have been approved, “the required consent” is that of the new governing body.

(6)In any other case “the required consent” is that of both the existing governing body and the Secretary of State.