Education Act 2002

Education Act 2002

2002 CHAPTER 32

Commentary on Sections and Schedules

Part 3 – Maintained Schools

Chapter 1 – Government of maintained schools

Section 35:  Staffing of community, voluntary controlled, community special and maintained nursery schools

102. This section contains provisions regarding the staffing of community, voluntary controlled, community special and maintained nursery schools. It replaces the current arrangements set out in section 54 and Schedule 16 of the SSFA, which are repealed. It provides enabling powers for the Secretary of State, or the NAW, to make regulations, supplemented by statutory guidance, related to the appointment, discipline, suspension, and dismissal of staff.

103. The section provides for LEAs to be the employer of staff in community, voluntary controlled, community special, and maintained nursery schools and for such schools to have a head teacher and enables staff to be engaged to work in these schools otherwise than under a contract of employment.

104. The section provides for any regulations made under the section to be replaced by Part 1 of Schedule 2 at any time when a school’s delegated budget is suspended by the LEA.