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.