Education Act 2002

Sections 35(7) and 36(7)

SCHEDULE 2 E+W Effect on staffing of suspension of delegated budget

Part 1 E+W Community, voluntary controlled, community special and maintained nursery schools

Modifications etc. (not altering text)

C1 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

1 E+W The arrangements for the staffing of the school shall be determined by the [F1 local authority].

Textual Amendments

F1 Words in Act substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 11(2)

Modifications etc. (not altering text)

C2 Sch. 2 paras. 1-3 applied (with modifications) by S.I. 2007/2979, Sch. 1 para. 20A (as inserted (1.4.2013) by The Pupil Referral Units (Miscellaneous Amendments) (No.2) (England) Regulations 2012 (S.I. 2012/3158), regs. 1, 3(5))

Commencement Information

I1 Sch. 2 para. 1 in force at 1.4.2006 for W. by S.I. 2006/879, art. 4, Sch.

2 E+W The authority may appoint, suspend and dismiss teachers and other staff at the school as the authority think fit.

Modifications etc. (not altering text)

C2 Sch. 2 paras. 1-3 applied (with modifications) by S.I. 2007/2979, Sch. 1 para. 20A (as inserted (1.4.2013) by The Pupil Referral Units (Miscellaneous Amendments) (No.2) (England) Regulations 2012 (S.I. 2012/3158), regs. 1, 3(5))

Commencement Information

I2 Sch. 2 para. 2 in force at 1.4.2006 for W. by S.I. 2006/879, art. 4, Sch.

3 E+W 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.

Modifications etc. (not altering text)

C2 Sch. 2 paras. 1-3 applied (with modifications) by S.I. 2007/2979, Sch. 1 para. 20A (as inserted (1.4.2013) by The Pupil Referral Units (Miscellaneous Amendments) (No.2) (England) Regulations 2012 (S.I. 2012/3158), regs. 1, 3(5))

Commencement Information

I3 Sch. 2 para. 3 in force at 1.4.2006 for W. by S.I. 2006/879, art. 4, Sch.

4 E+W 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.

Commencement Information

I4 Sch. 2 para. 4 in force at 1.4.2006 for W. by S.I. 2006/879, art. 4, Sch.

Part 2 E+W Foundation, voluntary aided and foundation special schools

Modifications etc. (not altering text)

C3 Sch. 2 Pt. 2 applied (1.9.2003) by School Staffing (England) Regulations 2003 (S.I. 2003/1963), regs. 1(2), 37

C4 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

5 E+W The arrangements for the staffing of the school shall be determined by the [F1 local authority].

Textual Amendments

F1 Words in Act substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 11(2)

Commencement Information

I5 Sch. 2 para. 5 in force at 1.4.2006 for W. by S.I. 2006/879, art. 4, Sch.

6 E+W 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.

Commencement Information

I6 Sch. 2 para. 6 in force at 1.4.2006 for W. by S.I. 2006/879, art. 4, Sch.

7 E+W 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.

Commencement Information

I7 Sch. 2 para. 7 in force at 1.4.2006 for W. by S.I. 2006/879, art. 4, Sch.

8 E+W 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.

Commencement Information

I8 Sch. 2 para. 8 in force at 1.4.2006 for W. by S.I. 2006/879, art. 4, Sch.

9 E+W 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.

Commencement Information

I9 Sch. 2 para. 9 in force at 1.4.2006 for W. by S.I. 2006/879, art. 4, Sch. (with art. 5)

10 E+W Paragraphs 6 and 7 have effect subject to section 58 of the School Standards and Framework Act 1998 (c. 31).

Commencement Information

I10 Sch. 2 para. 10 in force at 1.4.2006 for W. by S.I. 2006/879, art. 4, Sch.

[F2 11 E+W 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.]

Textual Amendments

F2 Sch. 2 para. 11 inserted (12.1.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), ss. 237(7), 269(4); S.I. 2009/3317, art. 2, Sch.