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21.—(1) The authority is entitled to advise the governing body in relation to the exercise of any of the governing body’s functions of appointment, engagement and dismissal of any teacher, to the extent provided by, and subject to, any relevant agreement.
(2) A “relevant agreement” is an agreement in writing between the authority and the governing body which gives the authority an entitlement to advise the governing body in relation to the exercise of some or all of those functions, and which has not been terminated by notice in writing given by the governing body to the authority.
(3) In the absence of a relevant agreement, it is for the Secretary of State to determine the extent to which the authority is entitled to advise the governing body in relation to the exercise of any of those functions.
(4) The governing body, or any other person to whom the functions in question have been delegated, must consider any advice given by the authority pursuant to an entitlement under paragraphs (1) to (3).
(5) The Secretary of State may at any time withdraw a determination.
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