Section 55.
Textual Amendments
F1Sch. 17 repealed (1.9.2003 for E.) by Education Act 2002 (c. 32), s. 216(4), Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2003/1667, art. 4
Modifications etc. (not altering text)
C1Sch. 17 applied (1.9.1999) by S.I. 1999/2243, reg. 50(2).
Sch. 17 modified (1.9.1999) by S.I. 1999/2243, reg. 50(3).
Sch. 17 applied (1.9.1999) by S.I. 1999/2243, reg. 52(2).
Sch. 17 modified (1.9.1999) by S.I. 1999/2243, reg. 52(2).
Sch. 17 modified (1.9.1999) by S.I. 1999/2243, reg. 52(3).
Sch. 17 modified (1.9.1999) by S.I. 1999/2243, reg. 52(4).
Sch. 17 applied (with modifications) (1.9.1999) by S.I. 1999/2262, regs. 48, 50(2).
Sch. 17 applied (with modifications) (1.9.1999) by S.I. 1999/2262, regs. 48, 50(3).
Sch. 17 applied (1.9.1999) by S.I. 1999/2262, regs. 48, 52(2).
Sch. 17 applied (with modifications) (1.9.1999) by S.I. 1999/2262, regs. 48, 52(2).
Sch. 17 applied (with modifications) (1.9.1999) by S.I. 1999/2262, regs. 48, 52(3).
Sch. 17 applied (with modifications) (1.9.1999) by S.I. 1999/2262, regs. 48, 52(4).
1(1)In this Schedule “the school” means a foundation or voluntary aided or foundation special school.E+W
(2)References in this Schedule to a vacancy in any post include a prospective vacancy in the post, and references to a person’s absence are to his absence, or prospective absence, from the school.
(3)References in this Schedule to staff qualification requirements are to any requirements with respect to—
(a)qualifications,
(b)registration,
(c)health and physical capacity, or
(d)fitness on educational grounds or in any other respect,
of teachers or other persons employed, or otherwise engaged to provide their services, in work that brings them regularly into contact with persons who have not attained the age of 19 which for the time being apply under regulations under section 218 of the M1Education Reform Act 1988 (regulations relating to employment of teachers etc.) or section 19 of the M2Teaching and Higher Education Act 1998 (induction training).
Commencement Information
I1Sch. 17 para. 1 wholly in force at 1.9.1999; Sch. 17 para. 1 not in force at Royal Assent see s. 145(3); Sch. 17 para. 1(1) in force at 1.2.1999 by S.I. 1999/120, art. 2(1), Sch. 1; Sch. 17 para. 1 in force at 1.9.1999 in so far as not already in force by S.I. 1999/2323, art. 2(1), Sch. 1 (with arts. 3-5, Schs. 5-7).
Marginal Citations
2(1)This paragraph applies where—E+W
(a)the governing body of the school have agreed with the local education authority to accord to the authority’s chief education officer advisory rights in relation to the appointment, engagement or dismissal of teachers at the school, or
(b)in default of such agreement, the Secretary of State has determined that it would be appropriate that such advisory rights should be accorded to the chief education officer.
(2)Advisory rights accorded by an agreement or determination under sub-paragraph (1) shall be framed by reference to the rights conferred on the chief education officer by the following paragraphs of this Schedule and may relate to the appointment and engagement or dismissal, or both to the appointment and engagement and to the dismissal, either—
(a)of head teachers and deputy head teachers alone, or
(b)of all teachers at the school.
(3)During any period when an agreement or determination under sub-paragraph (1) is effective, the chief education officer shall be entitled to exercise such of the rights conferred on him under the following paragraphs of this Schedule as are accorded to him by virtue of the agreement or determination.
(4)The chief education officer shall not be entitled to exercise any of the rights so conferred except in accordance with sub-paragraph (3).
(5)The agreement of a governing body for the purposes of sub-paragraph (1)(a) must be given in writing and may only be withdrawn by notice in writing to the local education authority.
(6)A determination by the Secretary of State for the purposes of sub-paragraph (1)(b) may be withdrawn at any time (without prejudice to a further determination for those purposes).
(7)References in this Schedule to the chief education officer of the local education authority include any officer of the authority nominated by the chief education officer.
3E+WParagraphs 4 to 8 apply in relation to the filling of a vacancy in the post of head teacher or deputy head teacher of the school (but paragraphs 6 to 8 so apply subject to paragraphs 29 and 30).
4E+WThe governing body shall notify the local education authority of the vacancy in writing before taking any of the steps mentioned in paragraphs 5 to 8 (or, in a case where paragraph 29 or 30 applies, any of the steps falling to be taken under that paragraph).
5(1)Where the vacancy is in the post of head teacher and either the post has not been filled, or it appears to the governing body that the post will not be filled, by an appointment made in accordance with paragraphs 6 to 8 before the date on which it falls vacant, the governing body shall either—E+W
(a)appoint a person as acting head teacher, or
(b)exercise their power under sub-paragraph (4).
(2)Where the vacancy is in the post of deputy head teacher and either the post has not been filled, or it appears to the governing body that the post will not be filled, by an appointment made in accordance with paragraphs 6 to 8 before the date on which it falls vacant, the governing body may—
(a)appoint a person as acting deputy head teacher, or
(b)exercise their power under sub-paragraph (4).
(3)A person shall not be appointed under sub-paragraph (1) or (2) unless he meets all the staff qualification requirements which are applicable in relation to his appointment.
(4)Instead of making an appointment under sub-paragraph (1) or (2) the governing body may for the purpose of filling the vacancy—
(a)engage, or
(b)make arrangements for the engagement of,
a person to provide his services as acting head teacher, or (as the case may be) acting deputy head teacher, otherwise than under a contract of employment.
(5)No person shall be engaged under sub-paragraph (4) unless he meets all the staff qualification requirements applicable in relation to the head teacher or (as the case may be) deputy head teacher at the school.
(6)In sub-paragraph (1) the reference to paragraphs 6 to 8 includes a reference to paragraph 29 or 30; and in sub-paragraph (2) the reference to paragraphs 6 to 8 includes a reference to paragraph 30.
6E+WThe governing body shall advertise the vacancy in such publications circulating throughout England and Wales as they consider appropriate.
7(1)The governing body shall appoint a selection panel consisting of at least three of their members to perform the functions conferred on them by this paragraph.E+W
(2)The selection panel shall—
(a)select for interview such applicants for the post as they think fit and, where the post is that of head teacher, notify the local education authority in writing of the names of the applicants so selected,
(b)interview such of those applicants as attend for the purpose, and
(c)where they consider it appropriate to do so, recommend to the governing body for appointment one of the applicants interviewed by them.
(3)Any decision of the selection panel shall be taken by a vote representing an absolute majority of all the members of the panel (whether or not taking part in the vote).
(4)If, within the period of 14 days beginning with the date when they receive a notification under sub-paragraph (2)(a), the authority make written representations to the selection panel that any of the applicants selected by the panel is not a suitable person for the appointment, the panel shall not recommend that person to the governing body for appointment unless the panel have—
(a)considered those representations, and
(b)notified the authority in writing of their response to the representations;
and when making such a recommendation the panel shall supply the governing body with a copy of those representations and of the panel’s response to them.
(5)If the panel do not recommend a person to the governing body, or the governing body do not approve their recommendation, the governing body—
(a)may, if they think fit, re-advertise the vacancy in the manner required by paragraph 6, and
(b)whether or not they re-advertise the vacancy, may require the panel to repeat the steps mentioned in sub-paragraph (2).
(6)Where the chief education officer has no advisory rights under paragraph 2 with respect to the appointment of head teachers and deputy head teachers, the selection panel’s notification under sub-paragraph (2)(a) shall be accompanied by such information relating to each of the persons selected for interview as will enable the authority to determine his suitability for the appointment.
(7)In determining whether a person is suitable for appointment as head teacher the authority shall have regard to any guidance given from time to time by the Secretary of State.
8E+WWhere the governing body approve a recommendation of the selection panel, the governing body shall appoint the person recommended by the panel unless he does not meet any staff qualification requirements which are applicable in relation to his appointment.
9(1)The governing body may, in connection with any absence of the person for the time being holding the post of head teacher or deputy head teacher of the school, take either of the steps mentioned in paragraphs (a) and (b) of sub-paragraph (1) or (as the case may be) (2) of paragraph 5.E+W
(2)For the purposes of this paragraph—
(a)paragraph 5(3) shall apply in relation to any appointment made by virtue of sub-paragraph (1) above as it applies in relation to any appointment made by virtue of paragraph 5(1) or (2); and
(b)paragraph 5(4) and (5) shall apply in connection with any such absence as is mentioned in sub-paragraph (1) above as they apply for the purpose of filling any such vacancy as is mentioned in paragraph 5(1) or (2).
10E+WSubject to paragraph 11, paragraphs 12 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.
11(1)Paragraphs 12 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 10—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, they may appoint a person to the post on such terms as to the duration of the appointment as they think fit.
(3)A person shall not be appointed under sub-paragraph (2) unless he meets all the staff qualification requirements which are applicable in relation to his appointment.
(4)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.
(5)Any engagement under sub-paragraph (4) 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.
12E+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.
13(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.
14(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 12, and shall do so unless they appoint to the post either—E+W
(a)a person nominated by the local education authority under paragraph 13, or
(b)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.
15(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 13 as they think fit, and
(b)where they consider it appropriate to do so, appoint to the post either one of the applicants interviewed by them or a person so nominated by the authority;
and the person so appointed shall be employed by the governing body under a contract of employment.
(2)If the governing body are unable to agree on a person to appoint to the post, 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 14(2).
(3)A person shall not be appointed under this paragraph unless he meets all the staff qualification requirements which are applicable in relation to his appointment.
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 10—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.
(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 11 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.
18(1)The chief education officer shall be entitled to attend, for the purpose of giving advice—E+W
(a)all proceedings (including interviews) of the governing body, and of any selection panel appointed under paragraph 7, relating to appointments or engagements to which any of the provisions of paragraphs 4 to 9 or 29 and 30 apply, and
(b)all proceedings (including interviews) of the governing body, and of any persons to whom any functions of the governing body under paragraphs 11 to 16 are delegated, relating to appointments or engagements to which any of the provisions of paragraphs 11 to 16 apply.
(2)The chief education officer shall be entitled to offer such advice as he considers appropriate with respect to—
(a)the appointment of a head teacher or deputy head teacher or the appointment or engagement of an acting head teacher or an acting deputy head teacher, or
(b)any matter arising in connection with any such appointment or engagement.
(3)Any advice given by the chief education officer to—
(a)the governing body,
(b)any selection panel appointed under paragraph 7, or
(c)any persons to whom any functions of the governing body under paragraphs 11 to 16 are delegated,
with respect to any matter which relates to an appointment or engagement and falls to be determined by them shall be considered by them before determining that matter, whether or not the advice was given at their request.
(4)This paragraph has effect subject to paragraph 2(3) and (4).
19(1)Except in relation to the appointment of a head teacher—E+W
(a)paragraph 18(1) applies in relation to the head teacher (if not otherwise entitled to be present at the proceedings there mentioned) as it applies in relation to the chief education officer, and
(b)paragraph 18(3) applies in relation to advice given by the head teacher as it applies in relation to advice given by the chief education officer.
(2)Paragraph 18 shall have effect for the purposes of sub-paragraph (1) above as if sub-paragraph (4) of that paragraph were omitted.
20(1)Except in a case where the governing body and the authority agree that the appointment of a person to work in a non-teaching post at the school should be made by the authority—E+W
(a)any such appointment shall be made by the governing body; and
(b)the person appointed shall be employed by the governing body under a contract of employment on such terms as they think fit.
(2)Before making an appointment under this paragraph the governing body shall consult the head teacher (where he would not otherwise be involved in the decision to make the appointment).
(3)No person shall be appointed to work in a non-teaching post at the school, whether—
(a)by the governing body, or
(b)by the authority,
unless he meets all the staff qualification requirements which are applicable in relation to his appointment.
21(1)The regulation of conduct and discipline in relation to the staff of the school, and any procedures for giving members of the staff opportunities for seeking redress of any grievances relating to their employment, shall be under the control of the governing body.E+W
(2)The governing body shall establish—
(a)disciplinary rules and procedures (including such rules and procedures for dealing with lack of capability on the part of members of the staff), and
(b)procedures such as are mentioned in sub-paragraph (1);
and shall take such steps as appear to the governing body to be appropriate for making them known to members of the staff.
(3)In determining the capability of members of the staff the governing body shall have regard to any guidance given from time to time by the Secretary of State.
(4)If the Secretary of State determines that any prescribed rules and procedures are to apply to the school or to any class or description of school to which the school belongs—
(a)the governing body shall act in accordance with those rules and procedures in determining the capability of members of the staff; and
(b)in the event of any inconsistency, those rules and procedures shall prevail over any rules and procedures established by the governing body under sub-paragraph (2)(a).
22(1)Where the authority have any serious concerns about the performance of the head teacher of the school—E+W
(a)they shall make a written report of their concerns to the chairman of the governing body at the same time sending a copy to the head teacher; and
(b)the chairman of the governing body shall notify the authority in writing of the action which he proposes to take in the light of the report.
(2)In determining whether to make a report under this paragraph the authority shall have regard to any guidance given from time to time by the Secretary of State.
23(1)Both the governing body and the head teacher shall have power to suspend any person employed to work at the school (whether or not he is employed by the governing body) where, in the opinion of the governing body or (as the case may be) the head teacher, his exclusion from the school is required.E+W
(2)The governing body or head teacher shall, when exercising that power, immediately inform the head teacher or (as the case may be) governing body.
(3)A suspension under this paragraph may only be ended by the governing body.
(4)The governing body shall, on ending such a suspension, immediately inform the head teacher.
(5)In this paragraph “suspend” means suspend without loss of emoluments.
24(1)Before making a decision that a person employed to work at the school should have his contract of employment with the governing body terminated or should not have that contract renewed, the governing body shall—E+W
(a)make arrangements for giving that person 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 such a decision an opportunity of appealing against the decision before they give effect to it.
(3)Where their decision is that a person should have his contract of employment terminated, then, subject to any such appeal, the governing body shall give effect to their decision by—
(a)giving the person in question such notice terminating his contract of employment as is required under that contract;
(b)terminating that contract without notice if the circumstances are such that they are entitled to do so by reason of his conduct.
(4)Nothing in this paragraph shall be read as referring 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
F2Words in Sch. 17 para. 24(4)(b) substituted (25.10.1999) by 1999 c. 26, s. 40(2); S.I. 1999/2830, art. 2(1)(2), Sch. 1 Pt.I
25(1)The head teacher (except where he is the person concerned) and the chief education officer of the local education authority shall be entitled to attend, for the purpose of giving advice, all proceedings of the governing body relating to such a decision as is mentioned in paragraph 24(1).E+W
(2)The governing body shall consider any advice given by a person who is entitled to attend such proceedings under this paragraph before making any such decision.
(3)Sub-paragraph (1), so far as relating to the chief education officer, has effect subject to paragraph 2(3) and (4).
26E+WThe governing body are not required to comply with paragraph 24 in relation to the making of such a decision as is mentioned in sub-paragraph (1) of that paragraph in a case where—
(a)the termination or non-renewal of the contract of employment of the person in question is required by virtue of regulations under section 218 of the M3Education Reform Act 1988 or section 19 of the M4Teaching and Higher Education Act 1998, or
(b)the person in question is a teacher who is subject to a conditional registration, suspension or prohibition order made under Schedule 2 to the 1998 Act (disciplinary powers of General Teaching Council).
27(1)Nothing in paragraph 24 applies in relation to a person employed by the authority to work at the school.E+W
(2)Paragraphs 25 to 29 of Schedule 16 apply in relation to the dismissal or withdrawal from the school of any member of the staff who is employed by the authority as they apply in relation to the dismissal or withdrawal from a school to which that Schedule applies of a person who is employed to work at the school.
(3)Any regulations in force under paragraph 30 of that Schedule shall apply to any person who is, or is to be, employed by the authority to work at the school solely in connection with the provision of meals as if it were a school to which that Schedule applies.
Commencement Information
I2Sch. 17 para. 27 wholly in force at 1.9.1999; Sch. 17 para. 27 not in force at Royal Assent see s. 145(3); Sch. 17 para. 27(1) in force at 1.2.1999 by S.I. 1999/120, art. 2(1), Sch. 1; Sch. 17 para. 27 in force at 1.9.1999 in so far as not already in force by S.I. 1999/2323, art. 2(1), Sch. 1 (with arts. 3-5, Schs. 5-7).
28(1)This paragraph applies to a voluntary aided or foundation school which is a Church of England, Church in Wales or Roman Catholic Church school.E+W
(2)If the school is a voluntary aided school, the appropriate diocesan officer shall have the same advisory rights in relation to the appointment, engagement or dismissal of teachers at the school as are for the time being exercisable by the chief education officer in accordance with paragraph 2(3).
(3)If the school is a foundation school, the governing body may agree with the appropriate diocesan authority to accord to the appropriate diocesan officer—
(a)with respect to all teachers at the school, or
(b)with respect to any particular description of such teachers,
the same advisory rights in relation to their appointment, engagement or dismissal as are exercisable by the chief education officer in accordance with paragraph 2(3).
(4)The agreement of the governing body for the purposes of sub-paragraph (3) must be given in writing and may only be withdrawn by notice in writing to the appropriate diocesan authority.
(5)In paragraphs 18 and 25, as they apply to a school within sub-paragraph (2) or (3) above, references to the chief education officer accordingly include the appropriate diocesan officer, so far as necessary for giving effect to any advisory rights exercisable by him under this paragraph.
(6)In this paragraph “the appropriate diocesan officer” means such person as the appropriate diocesan authority may nominate.
29(1)This paragraph applies to a voluntary aided school if the trustees under a trust deed relating to the school are also the trustees of a Roman Catholic religious order.E+W
(2)Subject to sub-paragraph (6), sub-paragraphs (3) to (5) shall have effect in relation to the filling of a vacancy in the post of head teacher of the school, in place of paragraphs 6 to 8.
(3)The governing body shall notify the Major Superior of the vacancy in writing.
(4)The governing body shall—
(a)interview such persons who are members of the order as are proposed as candidates for appointment to the post by the Major Superior; and
(b)appoint to the post one of the persons so interviewed by them unless, by virtue of sub-paragraph (5) or otherwise, they have good reason for not making any such appointment.
(5)No person shall be appointed under sub-paragraph (4)(b) if he does not meet any staff qualification requirements which are applicable in relation to his appointment.
(6)If no appointment is made by the governing body under sub-paragraph (4)(b), paragraphs 6 to 8 shall have effect in relation to the filling of the vacancy.
(7)In this paragraph—
“the Major Superior” means the Major Superior of the order;
“the order” means the order mentioned in sub-paragraph (1);
“Roman Catholic religious order” means a Roman Catholic religious institute or society of apostolic life.
30(1)If the governing body of a voluntary aided school so determine (and paragraph 29 does not apply), sub-paragraphs (2) to (6) below shall apply in relation to the filling of a vacancy in the post of head teacher or deputy head teacher of the school, in place of paragraphs 7 and 8.E+W
(2)No selection panel need be appointed by the governing body under paragraph 7(1), but the following provisions, namely—
(a)paragraph 7(2)(a) and (b),
(b)paragraph 7(3), and
(c)paragraph 7(6),
shall apply to the governing body or (as the case may be) to any decision of that body taken by virtue of this paragraph as it applies to a selection panel or (as the case may be) to any decision of such a panel taken under paragraph 7.
(3)If, within the period of 14 days beginning with the date when they receive a notification under paragraph 7(2)(a) (as it applies in accordance with sub-paragraph (2) above) the local education authority make written representations to the governing body that any of the applicants selected by them is not a suitable person for appointment to the post of head teacher, the governing body shall not appoint that person unless they have—
(a)considered those representations, and
(b)notified the authority of their response to the representations.
(4)The governing body shall not appoint any person if he does not meet any staff qualification requirements which are applicable in relation to his appointment.
(5)If the governing body do not appoint any person interviewed by them, the governing body—
(a)may, if they think fit, re-advertise the vacancy in the manner required by paragraph 6, and
(b)whether or not they re-advertise the vacancy, may repeat the steps mentioned in paragraph 7(2)(a) and (b) (as they apply in accordance with sub-paragraph (2) above).
(6)Paragraph 7(7) shall apply for the purposes of this paragraph.]