Education Act 2002

35 Staffing of community, voluntary controlled, community special and maintained nursery schools E+W

(1) This section applies to—

(a) community schools,

(b) voluntary controlled schools,

(c) community special schools, and

(d) maintained nursery schools.

(2) Any teacher or other member of staff who is appointed to work under a contract of employment at a school to which this section applies is to be employed by the [F1 local authority].

(3) The teaching staff of any school to which this section applies shall include—

(a) a person appointed as head teacher, or

(b) a person appointed to carry out the functions of the head teacher of the school—

(i) pending the appointment of a head teacher, or

(ii) in the absence of the head teacher.

(4) Regulations may make further provision with respect to the staffing of schools to which this section applies.

(5) Regulations under subsection (4) may, in particular—

(a) make provision with respect to the appointment, discipline, suspension and dismissal of teachers and other staff,

(b) make provision with respect to the appointment of teachers and other staff to work at a school otherwise than under a contract of employment,

(c) make provision with respect to staff employed, or engaged otherwise than under a contract of employment, wholly or partly for the purposes of—

(i) the provision of facilities and services under section 27, or

(ii) any other activities which are not school activities but are carried on on the school premises under the management or control of the governing body, and

(d) confer functions on [F2 local authorities], governing bodies and head teachers.

(6) In relation to teachers at a voluntary controlled school who are reserved teachers within the meaning of section 58 of the School Standards and Framework Act 1998 (c. 31) (appointment and dismissal of certain teachers at schools with a religious character), regulations under subsection (4) shall have effect subject to the provisions of that section.

(7) If at any time a school to which this section applies does not have a delegated budget by virtue of any suspension underF3 ... Schedule 15 to, the School Standards and Framework Act 1998[F4 , or section 66 of the Education and Inspections Act 2006[F5 , or section 8 of the School Standards and Organisation (Wales) Act 2013], ]—

(a) regulations under subsection (4) shall not apply, and

(b) the provisions of Part 1 of Schedule 2 shall apply instead.

(8) [F6 In discharging any function conferred by regulations under subsection (4), a [F1 local authority] [F7 in Wales] or the governing body or head teacher of a maintained school [F8 in Wales] shall have regard to any guidance given from time to time—

F9 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) F10 ...by the National Assembly for Wales.]

Textual Amendments

F1 Words in Act substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 11(2)

F2 Words in Act substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 11(3)

F3 Words in s. 35(7) omitted (20.2.2014) by virtue of School Standards and Organisation (Wales) Act 2013 (anaw 1), s. 100(4), Sch. 5 para. 6(3)(a); S.I. 2014/178, art. 2(f) (with art. 3)

F4 Words in s. 35(7) inserted (1.2.2012) by Education Act 2011 (c. 21), ss. 19(1), 82(3); S.I. 2012/84, art. 3

F5 Words in s. 35(7) inserted (20.2.2014) by School Standards and Organisation (Wales) Act 2013 (anaw 1), s. 100(4), Sch. 5 para. 6(3)(b); S.I. 2014/178, art. 2(f) (with art. 3)

F6 S. 35(8) ceases to have effect (E.) (1.1.2016) by virtue of Deregulation Act 2015 (c. 20), s. 115(7), Sch. 16 para. 4(1); S.I. 2015/1732, art. 3(a)

F7 Words in s. 35(8) inserted (1.1.2016) by Deregulation Act 2015 (c. 20), s. 115(7), Sch. 16 para. 4(2)(a); S.I. 2015/1732, art. 3(a)

F8 Words in s. 35(8) inserted (1.1.2016) by Deregulation Act 2015 (c. 20), s. 115(7), Sch. 16 para. 4(2)(b); S.I. 2015/1732, art. 3(a)

F9 S. 35(8)(a) and word omitted (1.1.2016) by virtue of Deregulation Act 2015 (c. 20), s. 115(7), Sch. 16 para. 4(2)(c); S.I. 2015/1732, art. 3(a)

F10 Words in s. 35(8)(b) omitted (1.1.2016) by virtue of Deregulation Act 2015 (c. 20), s. 115(7), Sch. 16 para. 4(2)(d); S.I. 2015/1732, art. 3(a)

Modifications etc. (not altering text)

C1 S. 35(7) applied (with modifications) by S.I. 2007/2979, Sch. 1 para. 17A (as inserted (1.4.2013) by The Pupil Referral Units (Miscellaneous Amendments) (No.2) (England) Regulations 2012 (S.I. 2012/3158), regs. 1, 3(2))

Commencement Information

I1 S. 35 in force at 1.4.2006 for W. by S.I. 2006/879, art. 4, Sch.

I2 S. 35(1)-(3)(6)-(8) in force at 1.9.2003 except in relation to W. by S.I. 2003/1667, art. 4

I3 S. 35(4)(5) in force at 1.4.2003 except in relation to W. by S.I. 2003/124, art. 4