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55.—(1) The following functions of the governing body of a school must be delegated to a committee, to be known as the staff disciplinary and dismissal committee—
(i)at a community, voluntary controlled or community special school, the initial determination under paragraph 25 of Schedule 16 to the 1998 Act that any person employed by the local education authority to work at the school should cease to work there;
(ii)at a foundation, voluntary aided or foundation special school, the initial decision that a person employed to work at the school should have his or her contract of employment with the governing body terminated or should not have his or her contract renewed (except where the dismissal is pursuant to a direction of the local education authority under section 55(5) of the 1998 Act); and
(iii)the hearing of representations in relation to a decision which must be delegated under this paragraph.
(2) The hearing of any appeal in respect of a decision that must be delegated under paragraph (1) must be delegated to a committee, known as the disciplinary and dismissal appeals committee.
(3) Subject to paragraph (9), the staff disciplinary and dismissal committee must include not less than three governors.
(4) The disciplinary and dismissal appeals committee must include no fewer governors than the staff disciplinary and dismissal committee the decision of which is subject to appeal.
(5) The quorum for a meeting of the staff disciplinary and dismissal committee and the disciplinary and dismissal appeals committee and any vote on any matter at the committees is the same as the minimum requirements for the composition of those committees specified in this regulation.
(6) Where a disciplinary and dismissal appeals committee is considering an appeal against a decision of the staff disciplinary and dismissal committee, no member of the staff disciplinary and dismissal committee whose decision is subject to appeal may take part in the proceedings of the disciplinary and dismissal appeals committee.
(7) The head teacher of the school shall not be a member of the staff disciplinary and dismissal committee or the disciplinary and dismissal appeal committee.
(8) No member of the staff disciplinary and dismissal committee or the disciplinary and dismissal appeal committee who is not a governor is entitled to vote in any proceedings of the committee in question.
(9) Where it is not reasonably practicable for the staff disciplinary and dismissal committee and the disciplinary and dismissal appeal committee each to include three governors, the staff disciplinary and dismissal committee may include two governors.
Commencement Information
I1Reg. 55 in force at 31.10.2005, see reg. 1(1)
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