[F127(1)The governing body shall—E+W
(a)make arrangements for giving any person in respect of whom they propose to make a determination under paragraph 25(1) an opportunity of making representations as to the action they propose to take (including, if he so wishes, oral representations to such person or persons as the governing body may appoint for the purpose), and
(b)have regard to any representations made by him.
(2)The governing body shall also make arrangements for giving any person in respect of whom they have made a determination under paragraph 25(1) an opportunity of appealing against it before they notify the local education authority of the determination.
(3)Nothing in this paragraph shall, however, apply to a person who—
(a)is due to cease to work at the school by reason of the termination of his contract of employment by effluxion of time; and
(b)has not been continuously employed at the school [F2, within the meaning of the Employment Rights Act 1996, for a period at least as long as the period for the time being specified in section 108(1) of that Act (unfair dismissal: qualifying period)].]
Textual Amendments
F1Sch. 16 repealed (1.9.2003 for E.) by Education Act 2002 (c. 32), s. 216(4), Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2003/1667, art. 4
F2Words in Sch. 16 para. 27(3)(b) substituted (1.9.1999) by 1999 c. 26, s. 40(1); S.I. 1999/2262, art. 2(1), Sch. 1 (with arts. 3-5, Schs. 5-7).
Modifications etc. (not altering text)
C1Sch. 16 para. 27 applied (1.9.1999) by S.I. 1999/2258, reg. 4.
Sch. 16 para. 27 applied (1.9.1999) by S.I. 1999/2802, reg. 4(1).