SCHEDULES

SCHEDULE 3 Appointment and Dismissal of School Staff, etc., during Financial Delegation

Appointment of non-teaching staff

4

1

Where the governing body of any school to which section 44 of this Act for the time being applies wish to appoint a person to work in a non-teaching post at the school, they may recommend a person to the local education authority concerned for appointment to the post.

2

Such a recommendation shall be in writing and shall specify—

a

the duties to be performed by the person appointed (including, where the post is part-time, his hours of work);

b

the grade (on the scale of grades currently applicable in relation to employment with the authority) which the governing body consider appropriate for the post; and

c

where the authority have any discretion with respect to the remuneration to be paid to a person appointed to the post, the determination of any matter to which that discretion applies which the governing body consider appropriate in the case of the person recommended for appointment.

3

Before selecting a person to recommend for appointment to such a post and determining in relation to any such recommendation any matters mentioned in sub-paragraph (2) above, the governing body shall consult—

a

the head teacher (where he would not otherwise be involved in the decision); and

b

in any case where the post involves or, in the case of a new post, it is proposed that it should involve, work at the school for sixteen hours a week or more, the chief education officer of the authority.

4

The authority shall appoint a person recommended for appointment to a non-teaching post at such a school by the governing body on such terms as to give effect, so far as relates to any matter mentioned in sub-paragraph (2) above, to the governing body’s recommendation with respect to that matter unless he does not meet any staff qualification requirements which are applicable in relation to his appointment.

5

For the purposes of sub-paragraph (2)(c) above, the authority are to be regarded as having a discretion with respect to the remuneration to be paid to a person appointed to any such post if any provisions regulating the rates of remuneration or allowances payable to persons in the authority’s employment either—

a

do not apply in relation to that appointment; or

b

leave to the authority any degree of discretion with respect to rate of remuneration or allowances in the case of that appointment.