Education Act 2002

128 Education action zone

(1) This section applies to a school which forms part of an education action zone for the purposes of Chapter 3 of Part 1 of the School Standards and Framework Act 1998 (c. 31).

(2) On the application of the governing body of a school, the Secretary of State may by order provide that section 122(2) shall not apply to any school teacher at the school.

(3) Where an order under subsection (2) is in force in respect of a school—

(a) the governing body shall determine the remuneration and other conditions of employment of each school teacher at the school,

(b) the local education authority shall do anything necessary to give effect to the governing body’s determination, and

(c) pending a determination under paragraph (a), the terms on which a school teacher works at the school shall remain unchanged (irrespective of any new order under section 122).

(4) A governing body may not make an application under subsection (2) unless they have consulted each school teacher at the school.

(5) An application under subsection (2) must specify a date for commencement of the order sought; and—

(a) the date specified must not precede the expiry of the period of three months beginning with the date on which the application is made, and

(b) an order made on the application must provide that it comes into force on the date specified in the application or on a later date which is agreed between the Secretary of State and the governing body and which is specified in the order.

(6) The Secretary of State may make regulations about the application of section 122(2) where an order under subsection (2) above—

(a) is revoked, or

(b) lapses (in whole or in part) because one or more schools to which the order relates cease to form part of an education action zone.

(7) In this section “school teacher” has the same meaning as in section 122.