The Education (Review of Staffing Structure) (Wales) Regulations 2005

Welsh Statutory Instruments

2005 No. 1910 (W.153)

EDUCATION, WALES

The Education (Review of Staffing Structure) (Wales) Regulations 2005

Made

12 July 2005

Coming into force

14 July 2005

The National Assembly for Wales, in exercise of the powers conferred on it by sections 21(3) and 210(7) of the Education Act 2002(1) and in exercise of the powers conferred on the Secretary of State by paragraph 3 of Schedule 1 to the Education Act 1996(2) and now vested in the National Assembly for Wales(3), makes the following Regulations:

Title, commencement and application

1.—(1) The title of these Regulations is the Education (Review of Staffing Structure) (Wales) Regulations 2005 and they come into force on 14 July 2005.

(2) These Regulations apply in relation to Wales.

Interpretation

2.—(1) In these Regulations —

“the Document” (“y Ddogfen”) means the document containing provisions relating to the statutory conditions of employment of school teachers in England and Wales (the School Teachers' Pay and Conditions Document, in force from time to time) and accompanying guidance prepared by the Secretary of State for Education and Skills, as in effect on the date on which the relevant body carries out its review pursuant to these Regulations(4);

“maintained school” (“ysgol a gynhelir”) has the meaning given to that expression in section 39(1) of the Education Act 2002;

“pupil referral unit” (“uned cyfeirio disgyblion”) has the meaning given to that expression in section 19(2) of the Education Act 1996;

“relevant body” (“corff perthnasol”) means —

(a)

in relation to a maintained school with a delegated budget, the governing body of the school, and

(b)

in relation to a maintained school without a delegated budget, the local education authority that maintains the school;

“school teacher” (“athro neu athrawes ysgol”) has the meaning given to that expression in section 122 of the Education Act 2002;

“staffing structure” (“strwythur staff”) means the arrangements for the management and deployment of all staff at the school;

“support staff” (“staff cymorth”) means any member of a school’s staff other than a school teacher.

Duty of relevant body to review the school’s staffing structure

3.—(1) The relevant body must review the school’s staffing structure in accordance with this regulation.

(2) The relevant body must conduct the review with a view to ensuring that —

(a) the management and deployment of all staff, and

(b) the allocation of responsibilities and duties to all staff,

make effective use of its resources.

(3) In conducting the review, the relevant body must take into account —

(a) in relation to school teachers, the pay arrangements and the conditions of employment of teachers set out in the Document, and

(b) in relation to support staff, the implications for their grading and remuneration.

(4) In conducting the review, the relevant body must consider any advice given by the head teacher in accordance with regulation 4 below.

(5) During the conduct of the review the relevant body must consult —

(a) all staff;

(b) representatives of recognised trade unions; and

(c) such other persons as the relevant body considers appropriate.

(6) On or before 31 March 2006 the relevant body must —

(a) determine its review of the staffing structure, and

(b) prepare a plan (an “implementation plan”) showing how it intends to implement any changes to the staffing structure.

(7) An implementation plan must include —

(a) a timetable for implementation, and

(b) the date by which any changes to the staffing structure will be fully implemented, being no later than 31 December 2008.

(8) Where the relevant body is the governing body, the duty to review the school’s staffing structure is without prejudice to the general principles and the respective roles and responsibilities of governing bodies and head teachers set out in the School Government (Terms of Reference) (Wales) Regulations 2000(5).

Duty of the head teacher to advise relevant bodies

4.  The head teacher must advise and assist the relevant body in relation to its review of the staffing structure under regulation 3.

Duty of relevant body with regard to the management of the head teacher

5.  In managing the head teacher, the relevant body must have regard to the desirability of the head teacher being able to achieve a satisfactory balance between the time required to discharge his or her professional duties and the time required to pursue personal interests outside work.

Duty of local education authority in relation to pupil referral units

6.  Paragraphs (1) to (7) of regulation 3, and regulations 4 and 5 apply in relation to pupil referral units with the substitution for the references to the relevant body with references to the local education authority which establishes and maintains the pupil referral unit.

Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998(6).

D. Elis-Thomas

The Presiding Officer of the National Assembly

12 July 2005

Explanatory Note

(This note is not part of the Regulations)

These Regulations place a duty on the governing body of a maintained school with a delegated budget, and on the local education authority in respect of a school without a delegated budget or a pupil referral unit, to review the staffing arrangements at the school or the pupil referral unit. The purpose of the review is to ensure that the management and deployment of, and allocation of responsibilities to, all staff at the school (or pupil referral unit) make effective use of resources. In conducting the review the governing body or LEA must take into account the pay arrangements and the conditions of employment of school teachers set out in the Pay and Conditions Document, and also the implications for the grading and remuneration of support staff. The review must be determined and an implementation plan prepared on or before 31 March 2006.

The duty upon governing bodies to conduct the review of the staffing structure does not affect the general principles and the respective roles and responsibilities of governing bodies and head teachers set out in the School Government (Terms of Reference) (Wales) Regulations 2000.

These Regulations also impose a duty on the same bodies to have regard to the need for the head teacher, or the teacher in charge in the case of a pupil referral unit, to enjoy a reasonable work/life balance.

(1)

2002 c. 32; for the definition of “regulations” see section 212(1).

(2)

1996 c. 56.

(3)

See the National Assembly for Wales (Transfer of Functions) Order 1999, S.I. 1999/672.

(4)

The Document in effect as at the date on which these Regulations are made is that published by The Stationery Office Limited (ISBN 0-11-2711-634) and entitled “School Teachers' Pay and Conditions Document 2004 and Guidance on School Teachers' Pay and Conditions” in effect pursuant to the Education (School Teachers' Pay and Conditions) Order (No. 2) 2004 (S.I. 2004/2142 as amended by S.I. 2005/539 and 2005/1101) made under section 122 of the Education Act 2002.

(5)

S.I. 2000/3027 (W.195) as amended by S.I. 2002/1396 (W.138).

(6)

1998 c. 38.