Part II New framework for maintained schools

Chapter V Staffing and conduct of schools

Appointment and dismissal of teachers of religious education F12etc

Annotations:
Amendments (Textual)
F12

Word in s. 58 cross-heading inserted (1.9.2022 for specified purposes, 1.9.2023 for specified purposes) by The Curriculum and Assessment (Wales) Act 2021 (Consequential Amendments) (Primary Legislation) Regulations 2022 (S.I. 2022/744), reg. 1(3), Sch. 2 para. 4(2)

58 Appointment and dismissal of certain teachers at schools with a religious character F13: England.

1

In this section—

a

subsections (2) to (6) apply to a foundation or voluntary controlled school F10in England which has a religious character; and

b

subsection (7) applies (subject to subsection (8)) to a voluntary aided school F11in England which has a religious character;

and references in this Chapter to a school which has (or does not have) a religious character shall be construed F8in relation to a school in England, in accordance with F9section 68A and section 69(3).

C12

Where the number of F1teachers at a school to which this subsection applies is more than two, F2the teachers shall include persons who—

a

are selected for their fitness and competence to give such religious education as is required in accordance with arrangements under paragraph 3(3) of Schedule 19 (arrangements for religious education in accordance with the school’s trust deed or with the tenets of the school’s specified religion or religious denomination), and

b

are specifically appointed to do so.

C13

The number of reserved teachers in such a school shall not exceed one-fifth of F3the total number of teachers, including the head teacher (and for this purpose, where F3the total number of teachers is not a multiple of five, it shall be treated as if it were the next higher multiple of five).

F64

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

C15

Where the appropriate body propose to appoint a person to be a reserved teacher in such a school, that body—

a

shall consult the foundation governors, and

b

shall not so appoint that person unless the foundation governors are satisfied as to his fitness and competence to give such religious education as is mentioned in subsection (2)(a).

C16

If the foundation governors of such a school consider that a reserved teacher has failed to give such religious education efficiently and suitably, they F4may—

a

in the case of a teacher who is an employee, require the appropriate body to dismiss him from employment as a reserved teacher at the school, and

b

in the case of a teacher who is engaged otherwise than under a contract of employment, require the governing body to terminate his engagement.

C27

If a teacher appointed to give religious education in a school to which this subsection applies fails to give such education efficiently and suitably, he may be dismissed on that ground by the governing body without the consent of the F7local authority.

8

Subsection (7) does not apply—

a

where the school has a delegated budget, or

b

to religious education in accordance with an agreed syllabus.

C19

In this section—

  • “the appropriate body” means—

    1. a

      in relation to a foundation school, the governing body, and

    2. b

      in relation to a voluntary controlled school, the F7local authority;

  • “reserved teacher”, in relation to a foundation or voluntary controlled school, means a person employed F5or engaged at the school in pursuance of subsection (2).