Education Reform Act 1988

4 (1) Where the governing body of any school to which section 44 of this Act for the time being applies wish to appoint a person to work in a non-teaching post at the school, they may recommend a person to the local education authority concerned for appointment to the post.

(2) Such a recommendation shall be in writing and shall specify—

(a) the duties to be performed by the person appointed (including, where the post is part-time, his hours of work);

(b) the grade (on the scale of grades currently applicable in relation to employment with the authority) which the governing body consider appropriate for the post; and

(c) where the authority have any discretion with respect to the remuneration to be paid to a person appointed to the post, the determination of any matter to which that discretion applies which the governing body consider appropriate in the case of the person recommended for appointment.

(3) Before selecting a person to recommend for appointment to such a post and determining in relation to any such recommendation any matters mentioned in sub-paragraph (2) above, the governing body shall consult—

(a) the head teacher (where he would not otherwise be involved in the decision); and

(b) in any case where the post involves or, in the case of a new post, it is proposed that it should involve, work at the school for sixteen hours a week or more, the chief education officer of the authority.

(4) The authority shall appoint a person recommended for appointment to a non-teaching post at such a school by the governing body on such terms as to give effect, so far as relates to any matter mentioned in sub-paragraph (2) above, to the governing body’s recommendation with respect to that matter unless he does not meet any staff qualification requirements which are applicable in relation to his appointment.

(5) For the purposes of sub-paragraph (2)(c) above, the authority are to be regarded as having a discretion with respect to the remuneration to be paid to a person appointed to any such post if any provisions regulating the rates of remuneration or allowances payable to persons in the authority’s employment either—

(a) do not apply in relation to that appointment; or

(b) leave to the authority any degree of discretion with respect to rate of remuneration or allowances in the case of that appointment.