Education Act 1996

5 (1) The articles of government for a county, controlled, special agreement or maintained special school shall make provision for the matters set out in sub-paragraphs (2) and (3). E+W

(2) Where there is a vacancy in a post (other than that of head teacher or deputy head teacher) which is part of the complement of the school, the local education authority shall decide whether, if the post is not a new one, it should be retained.

(3) If the authority decide that the post should be retained or it is a new post, they shall—

(a) advertise the vacancy and fill it in accordance with the procedure laid down by virtue of paragraph 6, unless they have the intention mentioned in paragraph (b) below;

(b) fill the vacancy in accordance with the procedure laid down by virtue of paragraph 7, if they intend to appoint a person who, at the time when they form that intention, is an employee of theirs or has been appointed to take up employment with them at a future date.

(4) Nothing in this paragraph (or in any of paragraphs 6 to 9) applies in relation to any temporary appointment pending—

(a) the return to work of the holder of the post in question, or

(b) the taking of any steps required by the articles in relation to the vacancy in question.