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The School Staffing (England) Regulations 2009
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- UK Statutory Instruments
- 2009 No. 2680
- PART 2
- Regulation 15
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This version of this provision is prospective.
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Changes to legislation:
There are outstanding changes not yet made by the legislation.gov.uk editorial team to The School Staffing (England) Regulations 2009. Any changes that have already been made by the team appear in the content and are referenced with annotations.
Changes to Legislation
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Changes and effects yet to be applied to Regulation 15:
- reg. 12-22 applied (with modifications) by SI 2007/2979 Sch. 1 para. 28 (as substituted) by S.I. 2012/3158 reg. 3(9)
- reg. 15 coming into force by S.I. 2009/2680 reg. 1(1)
Changes and effects yet to be applied to the whole Instrument associated Parts and Chapters:
Whole provisions yet to be inserted into this Instrument (including any effects on those provisions):
- Sch. 2 para. 5(1) Sch. 2 para. 5 renumbered as Sch. 2 para. 5(1) by S.I. 2015/887 reg. 6(2)(a)
- Sch. 2 para. 4A inserted by S.I. 2013/1940 reg. 2(7)(a)
- Sch. 2 para. 5A inserted by S.I. 2013/1940 reg. 2(7)(b)
- Sch. 2 para. 5(1)(a)(iii)(iv) inserted by S.I. 2015/887 reg. 6(2)(d)
- Sch. 2 para. 5(2) inserted by S.I. 2015/887 reg. 6(2)(e)
- Sch. 2 para. 6A inserted by S.I. 2015/887 reg. 6(4)
- Sch. 2 para. 5(1)(a)(ii) word omitted by S.I. 2015/887 reg. 6(2)(c)
- Sch. 2 para. 5(1)(a)(i) words omitted by S.I. 2015/887 reg. 6(2)(b)
- Regulations applied (with modifications) by S.I. 2012/1035 reg. 25 Sch. 7
- reg. 3(3)(c)(d) substituted for reg. 3(3)(c) by S.I. 2015/887 reg. 3(2)(b)
- reg. 3(6)(7) inserted by S.I. 2015/887 reg. 3(4)
- reg. 4(2)(ba) inserted by S.I. 2015/883 reg. 5(2)(a)
- reg. 4(5) inserted by S.I. 2015/883 reg. 5(2)(b)
- reg. 8A inserted by S.I. 2012/1740 reg. 2(3)
- reg. 12(3A) inserted by S.I. 2015/887 reg. 4(2)
- reg. 18(1)(a)(iv) inserted by S.I. 2015/887 reg. 5(3)(b)
- reg. 18(1)(c) and word inserted by S.I. 2015/887 reg. 5(3)(c)
- reg. 18(5)(c) and word inserted by S.I. 2015/887 reg. 5(5)(b)
- reg. 24(3A) inserted by S.I. 2015/887 reg. 4(2)
- reg. 30(1)(a)(iv) inserted by S.I. 2015/887 reg. 5(3)(b)
- reg. 30(1)(c) and word inserted by S.I. 2015/887 reg. 5(3)(c)
- reg. 30(5)(c) and word inserted by S.I. 2015/887 reg. 5(5)(b)
Prospective
Appointment of head teacher and deputy head teacherE+W
This section has no associated Explanatory Memorandum
15.—(1) The governing body must notify the authority in writing of—
(a)any vacancy for the head teacher; and
(b)any post for a deputy head teacher which it has identified as one to be filled.
(2) The governing body must advertise any such vacancy or post in such manner as it considers appropriate unless it has good reason not to.
(3) Where the governing body advertises any such vacancy or post, it must appoint a selection panel, consisting of at least three of its members, other than a governor who is the head teacher or (as the case may be) a deputy head teacher, to—
(a)select for interview such applicants for the post as it thinks fit and, where the post is that of head teacher, notify the authority in writing of the names of the applicants selected;
(b)interview those applicants who attend for that purpose; and
(c)where it considers it appropriate, recommend to the governing body for appointment one of the applicants interviewed.
(4) If, within a period of seven days beginning with the date when it receives notification under paragraph (3)(a), the authority makes written representations to the selection panel that any applicant is not a suitable person for the post, the selection panel must—
(a)consider those representations; and
(b)where it decides to recommend for appointment any person about whom representations have been made, notify the governing body and authority in writing of its reasons.
(5) Subject to regulation 12(2) and, where appropriate, regulation 12(4), where the person recommended by the selection panel is approved by the governing body for appointment, the authority must appoint that person, unless the governing body has determined that the person is to be appointed by the governing body otherwise than under a contract of employment pursuant to regulation 12(1)(c).
(6) If—
(a)the selection panel does not recommend a person to the governing body;
(b)the governing body declines to approve the person recommended by the selection panel; or
(c)the authority declines to appoint the person that the governing body approves,
the selection panel may recommend another person for appointment in accordance with this regulation (but this does not prevent it from recommending an existing applicant).
(7) Subject to regulation 12(2) and, where appropriate, regulation 12(4), where the governing body decides for good reason not to advertise and conduct a selection process to fill the vacancy or post in accordance with paragraphs (2) to (4), the authority must appoint the person identified by the governing body to fill the vacancy or post, unless the governing body has determined that the person is to be appointed by the governing body otherwise than under a contract of employment pursuant to regulation 12(1)(c).
Commencement Information
I1Reg. 15 in force at 2.11.2009, see reg. 1(1)
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