School Standards and Framework Act 1998

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—

(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.