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The Government of Maintained Schools (Wales) Regulations 2005
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Changes and effects yet to be applied to Regulation 55:
- Regulations applied (with modifications) by S.I. 2001/2678, reg. 12, Sch. 3 (as substituted) by S.I. 2005/2916 reg. 6 Sch.
- reg. 55 words substituted by S.I. 2010/1142 Sch. 1 para. 17(14)
- reg. 55(7) substituted by S.I. 2005/3200 reg. 8(15)
Changes and effects yet to be applied to the whole Instrument associated Parts and Chapters:
Whole provisions yet to be inserted into this Instrument (including any effects on those provisions):
- Sch. 5 para. 9(ba)(bb) inserted by S.I. 2009/2544 reg. 6(a)
- Sch. 5 para. 9(bc)(bd) inserted by S.I. 2010/638 reg. 87(1)(c)
- Sch. 5 para. 11A inserted by S.I. 2013/2124 reg. 6(1)
- Sch. 5 para. 9(bc) words substituted by SI 2010/2582 Sch. 4 para. 9(2) (as inserted) by S.I. 2011/577 art. 2(3) Sch.
- Sch. 7 para. 1(b) word inserted by S.I. 2010/638 reg. 87(2)
- Regulations applied (with modifications) by S.I. 2012/1643 reg. 4 6-8
- reg. 3(1)(d) words inserted by S.I. 2005/3200 reg. 8(6)
- reg. 12A inserted by S.I. 2005/3200 reg. 8(2)
- reg. 20A inserted by S.I. 2005/3200 reg. 8(3)
- reg. 25(5A) inserted by S.I. 2005/3200 reg. 8(4)
- reg. 33(5) added by S.I. 2005/3200 reg. 8(7)
- reg. 44A inserted by S.I. 2005/3200 reg. 8(9)
- reg. 45(1A) inserted by S.I. 2020/1327 reg. 3(2)
- reg. 46(2A) inserted by S.I. 2005/3200 reg. 8(12)
- reg. 47(5) inserted by S.I. 2020/1327 reg. 3(3)(c)
- reg. 55(3)(3A) substituted for reg. 55(3) by S.I. 2014/1609 reg. 3(2)
- reg. 55(4A) substituted by S.I. 2014/1609 reg. 3(3)
- reg. 60(3A) inserted by S.I. 2020/1327 reg. 3(4)
- reg. 60(9) inserted by S.I. 2005/3200 reg. 8(22)
- reg. 61(3) inserted by S.I. 2020/1327 reg. 3(5)
Staff disciplinary and dismissal committee and disciplinary and dismissal appeals committeeE+W
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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