Modifications etc. (not altering text)
C1Sch. 16 applied (1.9.1999) by S.I. 1999/2243, reg. 49(2).
Sch. 16 modified (1.9.1999) by S.I. 1999/2243, reg. 49(4).
Sch. 16 applied (with modifications) (1.9.1999) by S.I. 1999/2262, regs. 48, 49(2).
Sch. 16 applied (with modifications) (1.9.1999) by S.I. 1999/2262, regs. 48, 49(4).
9E+WSubject to paragraph 10, paragraphs 11 to 15 apply in relation to the filling of a vacancy in any teaching post (whether full-time or part-time) at the school, other than the post of head teacher or deputy head teacher.
10(1)Paragraphs 11 to 15 do not apply in relation to any temporary appointment or engagement to fill a vacancy in any such post as is mentioned in paragraph 9—E+W
(a)for a period not exceeding four months, or
(b)where it appears to the governing body that the period for which the person appointed or engaged will act in the post in question will not exceed four months.
(2)Where it appears to the governing body in the case of any post that it would be appropriate for such an appointment as is mentioned in sub-paragraph (1) to be made—
(a)they may recommend a person for appointment to the post on such terms as to the duration of the appointment as they may specify, and
(b)the local education authority shall appoint the person recommended on the terms specified unless he does not meet any staff qualification requirements which are applicable in relation to his appointment.
(3)Where it appears to the governing body in the case of any post that it would be appropriate for such an engagement as is mentioned in sub-paragraph (1) to be made, the governing body may—
(a)engage, or
(b)make arrangements for the engagement of,
a person to provide his services as a teacher at the school otherwise than under a contract of employment with the local education authority.
(4)Any engagement under sub-paragraph (3) shall be on such terms as to the duration of the engagement as the governing body may specify; but no person shall be engaged under that sub-paragraph unless he meets all the staff qualification requirements applicable in relation to a teacher in the post in which he would be acting as a temporary teacher.
11E+WBefore taking any of the steps mentioned below, the governing body shall—
(a)determine a specification for the post in consultation with the head teacher, and
(b)send a copy of the specification to the local education authority.
12(1)The local education authority may nominate for consideration for appointment to the post any person who appears to them to be qualified to fill it and who at the time of his nomination either—E+W
(a)is an employee of theirs or has been appointed to take up employment with them at a future date, or
(b)is employed by the governing body of a foundation, voluntary aided or foundation special school maintained by them.
(2)No person who is employed at any school maintained by the authority shall be nominated by the authority under sub-paragraph (1) without the consent of the governing body of the school.
13(1)The governing body may advertise the vacancy at any time after they have sent a copy of the specification for the post to the local education authority in accordance with paragraph 11, and shall do so unless either—E+W
(a)they accept for appointment to the post a person nominated by the local education authority under paragraph 12, or
(b)they decide to recommend to the authority for appointment to the post a person who is already employed to work at the school.
(2)Where the governing body advertise the vacancy, they shall do so in a manner likely in their opinion to bring it to the notice of persons (including employees of the authority) who are qualified to fill it.
14(1)Where the governing body advertise the vacancy, they shall—E+W
(a)interview such applicants for the post and such of the persons (if any) nominated by the local education authority under paragraph 12 as they think fit, and
(b)where they consider it appropriate to do so, either recommend to the authority for appointment one of the applicants interviewed by them or notify the authority that they accept for appointment any person nominated by the authority under paragraph 12.
(2)If the governing body are unable to agree on a person to recommend or accept for appointment, they may repeat the steps mentioned in sub-paragraph (1)(a) and (b), with or without first re-advertising the vacancy in accordance with paragraph 13(2).
15(1)The local education authority shall appoint the person recommended or accepted for appointment by the governing body unless he does not meet any staff qualification requirements which are applicable in relation to his appointment.E+W
(2)If the authority decline to appoint a person recommended by the governing body, the governing body shall repeat such of the steps mentioned in paragraph 14(1)(a) and (b) as they think fit, with or without first re-advertising the vacancy in accordance with paragraph 13(2).
16(1)The governing body may, in connection with any absence of the person for the time being holding any such post as is mentioned in paragraph 9—E+W
(a)engage, or
(b)make arrangements for the engagement of,
a person to provide his services as a teacher at the school otherwise than under a contract of employment with the local education authority.
(2)No person shall be engaged under sub-paragraph (1) unless he meets all the staff qualification requirements applicable in relation to a teacher in the post in which he would be acting as a temporary teacher.
17E+WThe governing body may, in relation to a particular vacancy or absence or a vacancy or absence of a kind specified by them, delegate any of their functions under paragraphs 10 to 16—
(a)to one or more governors,
(b)to the head teacher, or
(c)to one or more governors and the head teacher acting together.