Appointment of a single head teacher5.

(1)

This regulation applies where–

(a)

a single post of head teacher of a school is created under regulation 3(2) or 4(3); and

(b)

immediately before such post was created, one head teacher remained in a post of head teacher of a department of the school.

(2)

The governing body of an aided or a voluntary aided school may, after consulting the local education authority, appoint the sole remaining head teacher to the post of head teacher of the school instead of following the appropriate procedure for appointing a head teacher specified in the school’s articles of government, the 1996 Act or the 1998 Act (as the case may be).

(3)

The local education authority may on the recommendation of the governing body of a county, controlled, special agreement, maintained special, community, voluntary controlled or community special school appoint the sole remaining head teacher to the post of head teacher of the school instead of following the appropriate procedure for appointing a head teacher specified in the 1996 Act or the 1998 Act (as the case may be).

(4)

Where a diocesan authority has advisory rights in relation to the appointment of teachers at a voluntary school under the school’s articles of government, the Diocesan Boards of Education Measure5 or the 1998 Act, the same rights are exercisable in relation to an appointment under this regulation.