School Standards and Framework Act 1998

5 (1) Where the vacancy is in the post of head teacher and either the post has not been filled, or it appears to the governing body that the post will not be filled, by an appointment made in accordance with paragraphs 6 to 8 before the date on which it falls vacant, the governing body shall either—

(a) appoint a person as acting head teacher, or

(b) exercise their power under sub-paragraph (4).

(2) Where the vacancy is in the post of deputy head teacher and either the post has not been filled, or it appears to the governing body that the post will not be filled, by an appointment made in accordance with paragraphs 6 to 8 before the date on which it falls vacant, the governing body may—

(a) appoint a person as acting deputy head teacher, or

(b) exercise their power under sub-paragraph (4).

(3) A person shall not be appointed under sub-paragraph (1) or (2) unless he meets all the staff qualification requirements which are applicable in relation to his appointment.

(4) Instead of making an appointment under sub-paragraph (1) or (2) the governing body may for the purpose of filling the vacancy—

(a) engage, or

(b) make arrangements for the engagement of,

a person to provide his services as acting head teacher, or (as the case may be) acting deputy head teacher, otherwise than under a contract of employment.

(5) No person shall be engaged under sub-paragraph (4) unless he meets all the staff qualification requirements applicable in relation to the head teacher or (as the case may be) deputy head teacher at the school.

(6) In sub-paragraph (1) the reference to paragraphs 6 to 8 includes a reference to paragraph 29 or 30; and in sub-paragraph (2) the reference to paragraphs 6 to 8 includes a reference to paragraph 30.