Education (No. 2) Act 1986
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Change 1
35 Appointment and dismissal of staff: introductory.
(1) The appointment and dismissal of staff (including teachers) at every county, controlled, special agreement and maintained special school shall be under the control of the local education authority, but— (a) the appointment of a head teacher shall be subject to the provision made by the articles of government for the school in accordance with section 37 of this Act; (b) the appointment of a deputy head teacher shall be subject to the provision made by the articles in accordance with section 39 of this Act; (c) the appointment and dismissal of the clerk to the governing body shall be subject to section 40 of this Act and to any provision made by the articles in accordance with that section; (d) the appointment of any other staff (including any teacher), to a post which is part of the school’s complement, shall be subject to the provision made by the articles in accordance with section 38 of this Act; (e) the dismissal of staff shall be subject to the provision made by the articles in accordance with section 41 of this Act; (f) the appointment and dismissal of staff at any school for which there is a temporary governing body shall be subject to the provisions of Schedule 2 to this Act; and (g) this section is subject to the provisions of sections 27 and 28 of the 1944 Act (which relate to religious education). (2) The articles of government for every such school shall provide for it to be the duty of the local education authority to consult the governing body and the head teacher before appointing any person to work solely at the school otherwise than— (a) in a teaching post; (b) in a non-teaching post which is part of the complement of the school; or (c) solely in connection with either or both of the following— (i) the provision of meals; (ii) the supervision of pupils at midday.
35 Appointment and dismissal of staff: introductory.
(1) The appointment and dismissal of staff (including teachers) at every county, controlled, special agreement and maintained special school shall be under the control of the local education authority, but— (a) the appointment of a head teacher shall be subject to the provision made by the articles of government for the school in accordance with section 37 of this Act; (b) the appointment of a deputy head teacher shall be subject to the provision made by the articles in accordance with section 39 of this Act; (c) the appointment and dismissal of the clerk to the governing body shall be subject to section 40 of this Act and to any provision made by the articles in accordance with that section; (d) the appointment of any other staff (including any teacher), to a post which is part of the school’s complement, shall be subject to the provision made by the articles in accordance with section 38 of this Act; (e) the dismissal of staff shall be subject to the provision made by the articles in accordance with section 41 of this Act; (f) the appointment and dismissal of staff at any school for which there is a temporary governing body shall be subject to the provisions of Schedule 2 to this Act; and (g) this section is subject to the provisions of sections 27 and 28 of the 1944 Act (which relate to religious education). (2) The articles of government for every such school shall provide for it to be the duty of the local education authority to consult the governing body and the head teacher before appointing any person to work solely at the school otherwise than— (a) in a teaching post; (b) in a non-teaching post which is part of the complement of the school; or (c) solely in connection with either or both of the following— (i) the provision of meals; (ii) the supervision of pupils at midday.
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