Education Act 1996

3 (1) The articles of government for a county, controlled, special agreement or maintained special school shall, in relation to the appointment of a head teacher for the school, make provision for the matters set out in sub-paragraphs (2) to (11).

(2) If the post of head teacher is vacant, the local education authority shall appoint an acting head teacher after consulting the governing body.

(3) Before appointing a head teacher, the local education authority shall advertise the vacancy in such publications circulating throughout England and Wales as they consider appropriate.

(4) The local education authority shall not appoint a person to be head teacher unless his appointment has been recommended by a selection panel constituted in accordance with the articles.

(5) The selection panel shall interview such applicants for the post as they think fit.

(6) If the panel fail to agree on the applicants whom they wish to interview—

(a) the members of the panel appointed by the governing body are to have the right to nominate not more than two applicants to be interviewed by the panel, and

(b) the other members of the panel are to have the right to nominate not more than two other applicants to be interviewed.

(7) Where the panel consider it appropriate to do so, they shall recommend to the authority for appointment as head teacher one of the applicants interviewed by them.

(8) If the panel are unable to agree on a person to recommend to the authority, they shall—

(a) repeat (with a view to reaching agreement) such of the steps mentioned in sub-paragraphs (5) to (7) as they think fit,

(b) where—

(i) they have repeated any of those steps in pursuance of paragraph (a) and remain unable to agree, or

(ii) they have decided that it is not appropriate to repeat any of those steps,

require the authority to re-advertise the vacancy, and

(c) where the vacancy is re-advertised, repeat all of the steps mentioned in sub-paragraphs (5) to (7).

(9) If the authority decline to appoint a person recommended by the panel, the panel shall—

(a) where there are applicants for the post whom they have not interviewed, interview such of those applicants (if any) as they think fit,

(b) recommend another of the applicants interviewed by them, if they think fit,

(c) ask the authority to re-advertise the vacancy, if they consider that it should be re-advertised, and

(d) where the vacancy is re-advertised, repeat the steps mentioned in sub-paragraphs (5) to (7).

(10) The authority shall re-advertise the vacancy where they are required to do so by the panel, and may do so where—

(a) it has been duly advertised,

(b) the panel have failed either to make a recommendation which is acceptable to the authority or to request that the vacancy be re-advertised, and

(c) the authority are of the opinion that the panel have had sufficient time in which to carry out their functions.

(11) The chief education officer of the authority, or a member of his department nominated by him, shall have the right to attend all proceedings of the panel (including interviews) for the purpose of giving advice to members of the panel.

(12) In this paragraph “head teacher” does not include an acting head teacher.