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Education Act 2002
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- 2002 c. 32
- Part 3
- Chapter 1
- Section 36
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Changes and effects yet to be applied to Section 36:
Changes and effects
This section lists the changes and effects yet to be applied to the specific provision you are viewing.
- s. 36(7) words inserted by 2011 c. 21 s. 19(2)
- s. 85 85A substituted for s. 85 by 2006 c. 40 s. 74(1)
Changes and effects yet to be applied to the whole Act, associated Parts and Chapters:
Changes and effects
This section lists the changes and effects yet to be applied to the whole Act, associated Parts and Chapters where applicable. This includes any insertions of whole new Parts, Chapters or provisions yet to be inserted into this Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing.
- Act Education Acts modified by 2006 c. 40 Sch. 6 para. 3(3)
- Act applied by S.I. 2005/397 reg. 2
- Act modified by 2005 c. 18 s. 96(2)
- Act text amended by S.I. 2010/1158 Sch. 2 para. 11(2)(3)
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 2A inserted by 2004 c. 4 s. 8(6)(8)
- s. 5A inserted by 2004 c. 4 s. 8(7)(8)
- s. 23A inserted by 2006 c. 40 s. 34
- s. 28A inserted by 2005 c. 18 s. 105
- s. 29A inserted by 2008 c. 25 s. 154
- s. 29B inserted by 2008 c. 25 s. 157
- s. 30A inserted by 2005 c. 18 s. 104
- s. 30A repealed by 2011 c. 21 s. 32(1)
- s. 51A inserted by 2011 c. 21 s. 4(2)
- s. 62A applied (with modifications) by S.I. 2007/2979 Sch. 1 para. 18(1)
- s. 62A inserted by 2006 c. 40 Sch. 7 para. 20
- s. 62A(1A)-(1C) inserted by 2009 c. 22 s. 204(2)
- s. 62A(4) words inserted by 2009 c. 22 s. 204(3)
- s. 85A amendment to earlier affecting provision 2006 c. 40 s. 74(1) by 2011 c. 21 s. 31(2)
- s. 85A amendment to earlier affecting provision 2006 c. 40 s. 74(1) by 2011 c. 21 Sch. 8 para. 20(b)
- s. 85A(5) words substituted by 2009 c. 22 Sch. 12 para. 34
- s. 116A inserted by 2009 nawm 1 s. 4
- s. 116B inserted by 2009 nawm 1 s. 5
- s. 116C inserted by 2009 nawm 1 s. 6
- s. 116D inserted by 2009 nawm 1 s. 7
- s. 116E inserted by 2009 nawm 1 s. 8
- s. 116F inserted by 2009 nawm 1 s. 9
- s. 116G inserted by 2009 nawm 1 s. 10
- s. 116H inserted by 2009 nawm 1 s. 11
- s. 116I inserted by 2009 nawm 1 s. 12
- s. 116J inserted by 2009 nawm 1 s. 13
- s. 116J(5)(b)(c) omitted by 2011 nawm 7 s. 9(3)(b)(ii)
- s. 116J(5)(aa) inserted by 2011 nawm 7 s. 9(3)(b)(i)
- s. 116K inserted by 2009 nawm 1 s. 14
- s. 116L inserted by 2009 nawm 1 s. 15
- s. 116M inserted by 2009 nawm 1 s. 16
- s. 116N inserted by 2009 nawm 1 s. 17
- s. 116O inserted by 2009 nawm 1 s. 18
- s. 135A-135C and cross heading inserted by 2011 c. 21 s. 9
- s. 135A(1)(d) words inserted by 2011 c. 21 Sch. 13 para. 13(2)(a)
- s. 135A(2)(k) words substituted by 2011 c. 21 Sch. 13 para. 13(2)(b)
- s. 135A(5) words inserted by 2011 c. 21 Sch. 13 para. 13(2)(c)
- s. 141A-141E and cross heading inserted by 2011 c. 21 s. 8(1)
- s. 141A(1)(ba) inserted by 2011 c. 21 Sch. 13 para. 13(3)
- s. 141D(4) words inserted by 2011 c. 21 Sch. 13 para. 13(4)
- s. 141F-141H and cross heading inserted by 2011 c. 21 s. 13(1)
- s. 156A inserted by 2008 c. 25 Sch. 1 para. 15
- s. 162A 162B inserted by 2005 c. 18 Sch. 8 para. 2
- s. 162A repealed by 2008 c. 25 Sch. 1 para. 18 Sch. 2
- s. 162A(4) repealed by 2006 c. 40 Sch. 14 para. 73(2) Sch. 18 Pt. 5
- s. 162A(5) text amended by 2006 c. 40 Sch. 14 para. 73(3)
- s. 162B repealed by 2008 c. 25 Sch. 1 para. 18 Sch. 2
- s. 162B(8) repealed by 2006 c. 40 Sch. 14 para. 74 Sch. 18 Pt. 5
- s. 167A-167D inserted by 2006 c. 40 s. 169
- s. 167A(6)(a) repealed by 2008 c. 25 Sch. 1 para. 22(a) Sch. 2
- s. 167A(6)(b) text amended by 2008 c. 25 Sch. 1 para. 22(b) Sch. 2
- s. 167B(1) text amended by S.I. 2008/2833 Sch. 3 para. 196
- s. 167C amendment to earlier affecting provision 2008 c. 25Sch. 1 para. 23 by 2011 c. 21 Sch. 2 para. 20(b)
- s. 167C 167D substituted by 2008 c. 25 Sch. 1 para. 23
- s. 167C text amended by 2009 c. 26 s. 81(2)s. 81(3)(k)
- s. 167C text amended by 2009 c. 26 s. 81(4)(a)
- s. 168A-168C inserted by 2006 c. 40 s. 172(2)
- s. 208A inserted by 2009 c. 22 Sch. 6 para. 55
- s. 208A omitted by 2011 c. 21 Sch. 16 para. 20
- s. 210A inserted by 2008 c. 25 Sch. 1 para. 79
- Sch. 11A inserted by 2011 c. 21 s. 8(2)
- Sch. 11B inserted by 2011 c. 21 Sch. 4
- specified provision(s) Appointed Day(s) by S.I. 2003/1718 art. 4-6 Sch.
- specified provision(s) amendment to earlier commencing SI 2003/1667 Sch. para. 1 by S.I. 2004/571 Sch.
Commencement Orders yet to be applied to the Education Act 2002:
Commencement Orders
This section lists the commencement orders yet to be applied to the whole Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.
Commencement Orders bringing provisions within this Act into force:
- S.I. 2003/124 art. 2-5 commences (2002 c. 32)
- S.I. 2003/1667 art. 2-6 commences (2002 c. 32)
- S.I. 2003/2071 art. 2 commences (2002 c. 32)
- S.I. 2003/2961 art. 4-7 commences (2002 c. 32)
- S.I. 2003/2992 art. 3 amendment to earlier commencing SI 2002/2439
- S.I. 2004/912 art. 4 5 commences (2002 c. 32)
- S.I. 2004/1318 art. 2 commences (2002 c. 32)
- S.I. 2004/1728 art. 4 5 commences (2002 c. 32)
- S.I. 2005/1395 art. 4 commences (2002 c. 32)
- S.I. 2005/2910 art. 4 commences (2002 c. 32)
- S.I. 2006/172 art. 4 5 commences (2002 c. 32)
- S.I. 2006/879 art. 4 commences (2002 c. 32)
- S.I. 2006/1336 art. 4(1) Sch. Pt. 1 commences (2002 c. 32)
- S.I. 2006/2895 art. 2 commences (2002 c. 32)
- S.I. 2007/3611 art. 4 commences (2002 c. 32)
- S.I. 2008/1728 art. 3 commences (2002 c. 32)
- S.I. 2010/707 art. 3 commences (2002 c. 32)
Commencement Orders bringing legislation that affects this Act into force:
- S.I. 2003/1115 art. 2-4 commences (2002 c. 32)
- S.I. 2003/2938 art. 2-7 commences (2003 c. 26)
- S.I. 2003/3034 art. 2 commences (2003 c. 26)
- S.I. 2005/394 art. 2 commences (2004 c. 31)
- S.I. 2005/2034 art. 2-9 commences (2005 c. 18)
- S.I. 2005/2570 art. 2 amendment to earlier commencing SI 2003/1667
- S.I. 2006/378 art. 2-7 Sch. commences (2005 c. 15)
- S.I. 2006/885 art. 2 commences (2004 c. 31)
- S.I. 2006/1338 art. 3-5 Sch. 1 2 commences (2005 c. 18)
- S.I. 2006/2129 art. 3 4 commences (2005 c. 18)
- S.I. 2007/935 art. 2-7 commences (2006 c. 40)
- S.I. 2007/1019 art. 2-5 commences (2006 c. 21)
- S.I. 2007/1271 art. 2 3 commences (2006 c. 40)
- S.I. 2007/1801 art. 2-4 commences (2006 c. 40)
- S.I. 2007/3505 arts. 2-6 commences (2007 c. 25)
- S.I. 2008/313 art. 2 3 commences (2007 c. 25)
- S.I. 2008/1429 art. 3 commences (2006 c. 40)
- S.I. 2008/2261 art. 2 commences (2006 c. 21)
- S.I. 2009/371 art. 2 Sch. commences (2008 nawm 2)
- S.I. 2009/1606 art. 2 commences (2008 c. 25)
- S.I. 2009/2545 art. 3 commences (2006 c. 40)
- S.I. 2009/2611 art. 2 Sch. commences (2006 c. 47)
- S.I. 2009/3174 art. 2 commences (2009 nawm 1)
- S.I. 2009/3317 art. 2 commences (2009 c. 22)
- S.I. 2010/303 art. 2-7 Sch. 1-6 commences (2009 c. 22)
- S.I. 2010/735 art. 2 commences (2005 c. 18)
- S.I. 2010/1093 art. 2 3 commences (2008 c. 25)
- S.I. 2010/1101 art. 2-5 commences (2006 c. 47)
- S.I. 2010/1101 art. 6-11 amendment to earlier commencing SI 2009/2611
- S.I. 2010/1151 art. 2-4 commences (2009 c. 22)
- S.I. 2010/1817 art. 2-4 commences (2010 c. 26)
- S.I. 2010/1937 art. 2-5 commences (2010 c. 32)
- S.I. 2010/2317 art. 2 3 commences (2010 c. 15)
- S.I. 2010/2413 art. 2 commences (2009 c. 22)
- S.I. 2010/2543 art. 2 3 commences (2006 c. 40)
- S.I. 2010/2582 art. 2 Sch. 1 commences (2010 nawm 1)
- S.I. 2011/97 art. 2 commences (2009 nawm 1)
- S.I. 2011/829 art. 2 commences (2009 c. 22)
- S.R. 2005/282 art. 2-5 commences (2004 c. 4)
Prospective
36 Staffing of foundation, voluntary aided and foundation special schoolsE+W
This section has no associated Explanatory Notes
(1)This section applies to—
(a)foundation schools,
(b)voluntary aided schools, and
(c)foundation special schools.
(2)Except as provided by regulations under subsection (4), any teacher or other member of staff who is appointed to work under a contract of employment at a school to which this section applies is to be employed by the governing body of the school.
(3)The teaching staff of any school to which this section applies shall include—
(a)a person appointed as head teacher, or
(b)a person appointed to carry out the functions of the head teacher of the school—
(i)pending the appointment of a head teacher, or
(ii)in the absence of the head teacher.
(4)Regulations may make further provision with respect to the staffing of schools to which this section applies.
(5)Regulations under subsection (4) may, in particular—
(a)make provision with respect to the appointment, discipline, suspension and dismissal of teachers and other staff,
(b)make provision with respect to the appointment of teachers and other staff to work at a school otherwise than under a contract of employment,
(c)make provision with respect to staff employed, or engaged otherwise than under a contract of employment, wholly or partly for the purposes of—
(i)the provision of facilities and services under section 27, or
(ii)any other activities which are not school activities but are carried on on the school premises under the management or control of the governing body,
(d)enable teachers and other staff to be employed by the local education authority in prescribed cases, and
(e)confer functions on local education authorities, governing bodies and head teachers.
(6)Regulations under subsection (4) shall have effect subject to section 58 of the School Standards and Framework Act 1998 (c. 31) (appointment and dismissal of certain teachers at schools with a religious character).
(7)If at any time a school to which this section applies does not have a delegated budget by virtue of any suspension under section 17 of, or Schedule 15 to, the School Standards and Framework Act 1998, regulations under subsection (4) shall have effect subject to the provisions of Part 2 of Schedule 2.
(8)In discharging any function conferred by regulations under subsection (4), a local education authority or the governing body or head teacher of a maintained school shall have regard to any guidance given from time to time—
(a)in relation to England, by the Secretary of State, or
(b)in relation to Wales, by the National Assembly for Wales.
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