Education Act 1996

Staffing of new aided schools

13Subject to paragraph 19(5), paragraphs 14 to 16 apply in relation to a new school which will be an aided school.

14Subject to paragraph 15(1), the local education authority and the temporary governing body shall have the same powers, and be under the same duties, for the purposes of the appointment and dismissal of staff at the school as would the authority and the governing body for an aided school whose articles of government provided for—

(a)staff employed solely in connection with the provision of school meals to be appointed by the authority, and

(b)other staff employed at the school to be appointed by the governing body.

15(1)The first appointment of a clerk to the temporary governing body shall be made by the promoters of the school (that is, the persons making the relevant proposals).

(2)When the arrangement for the constitution of the temporary governing body comes to an end under section 97, the person who was the clerk to that body shall act as clerk to the governing body who succeed them, pending the appointment of their clerk.

16(1)The local education authority shall, with a view to enabling staff to be appointed in good time, notify the temporary governing body of any determination, prohibition or direction they intend to make or give pursuant to subsection (2)(b), (4)(a) or (b) or (5) of section 134 (staffing of aided schools).

(2)The authority shall, in discharging their duty under paragraph 21 of Schedule 9 to provide information to the temporary governing body of a new school which will be an aided school, inform the temporary governing body, in particular, of the authority’s proposals with regard to the appointment of staff for the school and the timing of appointments.