Chwilio Deddfwriaeth

Education Act 2002

 Help about what version

Pa Fersiwn

 Help about advanced features

Nodweddion Uwch

 Help about opening options

Dewisiadau AgorExpand opening options

Changes over time for: Section 36

 Help about opening options

Status:

Point in time view as at 01/08/2024.

Changes to legislation:

Education Act 2002, Section 36 is up to date with all changes known to be in force on or before 07 March 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

36 Staffing of foundation, voluntary aided and foundation special schoolsE+W

This adran has no associated Nodiadau Esboniadol

(1)This section applies to—

(a)foundation schools,

(b)voluntary aided schools, and

(c)foundation special schools.

(2)Except as provided by regulations under subsection (4), any teacher or other member of staff who is appointed to work under a contract of employment at a school to which this section applies is to be employed by the governing body of the school.

(3)The teaching staff of any school to which this section applies shall include—

(a)a person appointed as head teacher, or

(b)a person appointed to carry out the functions of the head teacher of the school—

(i)pending the appointment of a head teacher, or

(ii)in the absence of the head teacher.

(4)Regulations may make further provision with respect to the staffing of schools to which this section applies.

(5)Regulations under subsection (4) may, in particular—

(a)make provision with respect to the appointment, discipline, suspension and dismissal of teachers and other staff,

(b)make provision with respect to the appointment of teachers and other staff to work at a school otherwise than under a contract of employment,

(c)make provision with respect to staff employed, or engaged otherwise than under a contract of employment, wholly or partly for the purposes of—

(i)the provision of facilities and services under section 27, or

(ii)any other activities which are not school activities but are carried on on the school premises under the management or control of the governing body,

(d)enable teachers and other staff to be employed by the [F1local authority] in prescribed cases, and

(e)confer functions on [F2local authorities], governing bodies and head teachers.

(6)Regulations under subsection (4) shall have effect subject to section 58 of the School Standards and Framework Act 1998 (c. 31) (appointment and dismissal of certain teachers at schools with a religious character).

(7)If at any time a school to which this section applies does not have a delegated budget by virtue of any suspension underF3... Schedule 15 to, the School Standards and Framework Act 1998[F4, or section 66 of the Education and Inspections Act 2006[F5, or section 8 of the School Standards and Organisation (Wales) Act 2013],] regulations under subsection (4) shall have effect subject to the provisions of Part 2 of Schedule 2.

(8)[F6In discharging any function conferred by regulations under subsection (4), a [F1local authority] [F7in Wales] or the governing body or head teacher of a maintained school [F8in Wales] shall have regard to any guidance given from time to time—

F9(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)F10... by the National Assembly for Wales.]

Textual Amendments

F4Words in s. 36(7) inserted (1.2.2012) by Education Act 2011 (c. 21), ss. 19(2), 82(3); S.I. 2012/84, art. 3

F6S. 36(8) ceases to have effect (E.) (1.1.2016) by virtue of Deregulation Act 2015 (c. 20), s. 115(7), Sch. 16 para. 5(1); S.I. 2015/1732, art. 3(a)

F9S. 36(8)(a) and word omitted (1.1.2016) by virtue of Deregulation Act 2015 (c. 20), s. 115(7), Sch. 16 para. 5(2)(c); S.I. 2015/1732, art. 3(a)

F10Words in s. 36(8)(b) omitted (1.1.2016) by virtue of Deregulation Act 2015 (c. 20), s. 115(7), Sch. 16 para. 5(2)(d); S.I. 2015/1732, art. 3(a)

Commencement Information

I1S. 36 in force at 1.4.2006 for W. by S.I. 2006/879, art. 4, Sch.

I2S. 36(1)-(3)(6)-(8) in force at 1.9.2003 except in relation to W. by S.I. 2003/1667, art. 4

I3S. 36(4)(5) in force at 1.4.2003 except in relation to W. by S.I. 2003/124, art. 4

Yn ôl i’r brig

Options/Cymorth

You have chosen to open The Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act without Schedules as a PDF

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?