School Standards and Framework Act 1998

[F1 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.]

Textual Amendments

F1 Sch. 17 repealed (1.9.2003 for E.) by Education Act 2002 (c. 32), s. 216(4), Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2003/1667, art. 4