Education Act 2002

36 Staffing of foundation, voluntary aided and foundation special schools E+W

(1) This section applies to—

(a) foundation schools,

(b) voluntary aided schools, and

(c) foundation special schools.

(2) Except as provided by regulations under subsection (4), 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 governing body of the school.

(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,

(d) enable teachers and other staff to be employed by the [F1 local authority] in prescribed cases, and

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

(6) Regulations under subsection (4) shall have effect subject to section 58 of the School Standards and Framework Act 1998 (c. 31) (appointment and dismissal of certain teachers at schools with a religious character).

(7) If at any time a school to which this section applies does not have a delegated budget by virtue of any suspension under section 17 of, or Schedule 15 to, the School Standards and Framework Act 1998[F3 , or section 66 of the Education and Inspections Act 2006,] regulations under subsection (4) shall have effect subject to the provisions of Part 2 of Schedule 2.

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

(a) in relation to England, by the Secretary of State, or

(b) in relation to Wales, 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. 36(7) inserted (1.2.2012) by Education Act 2011 (c. 21), ss. 19(2), 82(3); S.I. 2012/84, art. 3

Commencement Information

I1 S. 36 in force at 1.4.2006 for W. by S.I. 2006/879, art. 4, Sch.

I2 S. 36(1)-(3)(6)-(8) in force at 1.9.2003 except in relation to W. by S.I. 2003/1667, art. 4

I3 S. 36(4)(5) in force at 1.4.2003 except in relation to W. by S.I. 2003/124, art. 4