The Staffing of Maintained Schools (Wales) (Amendment No. 2) Regulations 2009

Welsh Statutory Instruments

2009 No. 3161 (W.275)

EDUCATION, WALES

The Staffing of Maintained Schools (Wales) (Amendment No. 2) Regulations 2009

Made

2 December 2009

Laid before the National Assembly for Wales

4 December 2009

Coming into force

1 January 2010

The Welsh Ministers in exercise of the powers conferred on the National Assembly for Wales by sections 35(4) and (5), 36(4) and (5) and 210(7) of the Education Act 2002(1) and now vested in them make the following Regulations:

Title, commencement and application

1.—(1) The title of these Regulations is the Staffing of Maintained Schools (Wales) (Amendment No 2) Regulations 2009 and they come into force on 1 January 2010.

(2) These Regulations apply in relation to Wales.

Amendment to the Staffing of Maintained Schools (Wales) Regulations 2006

2.—(1) The Staffing of Maintained Schools (Wales) Regulations 2006(2) are amended as follows.

(2) In regulation 10(8), for “The governing body” substitute “Subject to paragraph (8A) the governing body”.

(3) After paragraph (8) of regulation 10 insert—

“(8A) The governing body may decide not to advertise in accordance with paragraph (8) the vacancy in the post of head teacher or deputy head teacher where such vacancy is at a school named in proposals published under sections 29 to 32 of the 1998 Act as one which pupils at a school to be discontinued may attend (“the new school”) and–

(a) a person employed at the new school or at the school to be discontinued has expressed the wish in writing to the governing body to apply for the vacancy in the post of head teacher or deputy head teacher; or

(b) there is no such person as described in sub-paragraph (a), but there is a person employed at a school elsewhere in the authority’s area which is either to be discontinued pursuant to proposals published under sections 29 to 32 of the 1998 Act, or has been named in such proposals as one which pupils at the school to be discontinued may attend and who has expressed the wish in writing to the governing body to apply for the vacancy in the post of head teacher or deputy head teacher.”.

(4) In regulation 24(7), for “The governing body” substitute “Subject to paragraph (7A) the governing body”.

(5) After paragraph (7) of regulation 24 insert—

“(7A) The governing body may decide not to advertise in accordance with paragraph (7) the vacancy in the post of head teacher or deputy head teacher where such vacancy is at a school named in proposals published under sections 29 to 32 of the 1998 Act as one which pupils at a school to be discontinued may attend (“the new school”) and–

(a) a person employed at the new school or at the school to be discontinued has expressed the wish in writing to the governing body to apply for the vacancy in the post of head teacher or deputy head teacher; or

(b) there is no such person as described in sub-paragraph (a), but there is a person employed at a school elsewhere in the authority’s area which is either to be discontinued pursuant to proposals published under sections 29 to 32 of the 1998 Act, or has been named in such proposals as one which pupils at the school to be discontinued may attend and who has expressed the wish in writing to the governing body to apply for the vacancy in the post of head teacher or deputy head teacher.”.

3.  In regulation 34—

(a) in sub-paragraph (a) of paragraph (5), after the words “re-advertise” insert “or where not already advertised by virtue of regulation 24(7A) may advertise”;

(b) in sub-paragraph (b) of paragraph (5), after the words “or not it” insert “advertises or”.

Jane Hutt

Minister for Children, Education, Lifelong Learning and Skills, one of the Welsh Ministers

2 December 2009

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Staffing of Maintained Schools (Wales) Regulations 2006 (“the 2006 Regulations”).

Regulation 10(8) of the 2006 Regulations requires the governing bodies of all maintained community, community special, voluntary controlled and maintained nursery schools to advertise a vacancy in the post of head teacher and deputy head teacher. Regulation 24(7) of the 2006 Regulations imposes the same requirement on governing bodies of all maintained foundation, foundation special and voluntary aided schools.

Regulations 2(3) and 2(5) of these Regulations amend the duty in regulations 10(8) and 24(7) respectively, of the 2006 Regulations so as to allow governing bodies of maintained schools a discretion to not advertise a vacancy in the post of head teacher and deputy head teacher if certain conditions are satisfied. The vacancy must be at a school named in proposals published under sections 29 to 32 of the School Standards and Framework Act 1998 (c. 31) as one which pupils at a school to be discontinued may attend.

(1)

2002 c. 32. The functions of the National Assembly for Wales under those sections were transferred to the Welsh Ministers by virtue of paragraph 30 of Schedule 11 to the Government of Wales Act 2006. See section 212 for the definition of “regulations”.

(2)

S.I. 2006/873 (W.81), as amended by the Staffing of Maintained Schools (Miscellaneous Amendments) (Wales) Regulations 2007 (S.I. 2007/944 (W.80)), the Education (Miscellaneous Amendments relating to Safeguarding Children) (Wales) Regulations 2009 (S.I. 2009/2544 (W.206)) and the Staffing of Maintained Schools (Wales) (Amendment) Regulations 2009 (S.I. 2009/2708 (W.226)).