http://www.legislation.gov.uk/ukpga/2002/32/section/36/madeEducation Act 2002Voluntary controlled schoolsVoluntary aided schoolsState schoolsSchool performance and standardsSchool term datesKing's Printer of Acts of Parliament2021-08-03 Education Act 2002s. 85 85AEducation and Inspections Act 2006s. 74(1)s. 188(3)Education Act 2002s. 86(1)Education and Inspections Act 2006s. 74(2)(c)s. 188(3)Education Act 2002s. 86(2)Education and Inspections Act 2006s. 74(2)(c)s. 188(3)Education Act 2002s. 88(2)-(7)Education and Inspections Act 2006s. 74(3)s. 188(3)Education Act 2002s. 29(2A)-(2D)Apprenticeships, Skills, Children and Learning Act 2009s. 260(4)s. 269(3)Education Act 2002s. 85A(5)Apprenticeships, Skills, Children and Learning Act 2009Sch. 12 para. 34s. 269(4)art. 2Sch. 1Education Act 2002specified provision(s)The Education Act 2002 (Commencement No. 6 and Transitional and Saving Provisions) (Amendment) Order 2005art. 2Education Act 2002s. 85AEducation Act 2011s. 31(2)s. 82(2)(b)Education Act 2002s. 29BEducation and Skills Act 2008s. 157s. 173(3)(4)Education Act 2002s. 210AEducation and Skills Act 2008Sch. 1 para. 79s. 173(3)(4)Education Act 2002specified provision(s)The Education (Hazardous Equipment and Materials) (England) Regulations 2004Sch.Education Act 2002s. 27(1A)Children, Schools and Families Act 2010s. 4(1)s. 27s. 29(5)Education Act 2002s. 88(7)The Apprenticeships, Skills, Children and Learning Act 2009 (Consequential Amendments) (England and Wales) Order 2010Sch. 1 para. 45 Sch. 2 Pt. 1art. 2(3)art. 1(2)(a)(b)Education Act 2002s. 142(9)(b)The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010The Local Education Authorities and Children's Services Authorities (Integration of Functions) Order 2010Sch. 2 para. 11(10)(b)art. 1Education Act 2002Pt. 8AEmployment Rights Act 2025Sch. 4 para. 1Contains power in ss. 148B, 148H, 148J, 148K, 148N, 148Os. 159(3)Education Act 2002Sch. 12AEmployment Rights Act 2025Sch. 4 para. 2Sch. 4 para. 5s. 159(3)Education Act 2002Sch. 2 para. 10AEmployment Rights Act 2025Sch. 4 para. 4(a)s. 159(3) Part 3Chapter 1 36 1 This section applies to— a foundation schools, b voluntary aided schools, and c foundation special schools. 2 Except as provided by regulations under subsection (4), any teacher or other member of staff who is appointed to work under a contract of employment at a school to which this section applies is to be employed by the governing body of the school. 3 The teaching staff of any school to which this section applies shall include— a a person appointed as head teacher, or b a person appointed to carry out the functions of the head teacher of the school— i pending the appointment of a head teacher, or ii in the absence of the head teacher. 4 Regulations may make further provision with respect to the staffing of schools to which this section applies. 5 Regulations under subsection (4) may, in particular— a make provision with respect to the appointment, discipline, suspension and dismissal of teachers and other staff, b make provision with respect to the appointment of teachers and other staff to work at a school otherwise than under a contract of employment, c make provision with respect to staff employed, or engaged otherwise than under a contract of employment, wholly or partly for the purposes of— i the provision of facilities and services under section 27, or ii any other activities which are not school activities but are carried on on the school premises under the management or control of the governing body, d enable teachers and other staff to be employed by the local education authority in prescribed cases, and e confer functions on local education authorities, governing bodies and head teachers. 6 Regulations under subsection (4) shall have effect subject to section 58 of the School Standards and Framework Act 1998 (c. 31) (appointment and dismissal of certain teachers at schools with a religious character). 7 If at any time a school to which this section applies does not have a delegated budget by virtue of any suspension under section 17 of, or Schedule 15 to, the School Standards and Framework Act 1998, regulations under subsection (4) shall have effect subject to the provisions of Part 2 of Schedule 2. 8 In discharging any function conferred by regulations under subsection (4), a local education authority or the governing body or head teacher of a maintained school shall have regard to any guidance given from time to time— a in relation to England, by the Secretary of State, or b in relation to Wales, by the National Assembly for Wales.