Part 3Maintained schools

Chapter 1Government of maintained schools

I336 Staffing of foundation, voluntary aided and foundation special schools

I21

This section applies to—

a

foundation schools,

b

voluntary aided schools, and

c

foundation special schools.

I22

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.

I23

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.

I14

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

I15

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 F1local authority in prescribed cases, and

e

confer functions on F2local authorities, governing bodies and head teachers.

I26

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).

I27

If at any time a school to which this section applies does not have a delegated budget by virtue of any suspension underF4... Schedule 15 to, the School Standards and Framework Act 1998F3, or section 66 of the Education and Inspections Act 2006F5, or section 8 of the School Standards and Organisation (Wales) Act 2013, regulations under subsection (4) shall have effect subject to the provisions of Part 2 of Schedule 2.

I28

F6In discharging any function conferred by regulations under subsection (4), a F1local authorityF7in Wales or the governing body or head teacher of a maintained school F8in Wales shall have regard to any guidance given from time to time—

F9a

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

b

F10... by the National Assembly for Wales.