Regulation 4 Delegation of functions to a joint committee by education bodiesI1

England and Wales

(1)

F1Subject to paragraph (5) where the collaborating education body is a—

(a)

governing body, that body may only delegate such functions to a joint committee as may be delegated to a committee under regulation 50 of the Government of Maintained Schools Regulations or F2regulation 62 of the Federation of Maintained Schools Regulations;

(b)

further education body, that body may only delegate such functions to a joint committee as may be delegated to a committee under the relevant provisions of its instrument and articles; or

(c)

local authority, that body may only delegate such functions to a joint committee as may be delegated to a committee under its constitution.

(2)

An education body may not delegate to a joint committee in accordance with these Regulations any of its functions in relation to—

(a)

the appointment and dismissal of, and taking disciplinary action against, persons employed under a contract of employment by a local authority;

(b)

the dismissal of, and taking disciplinary action against, persons employed under a contract of employment by a further education body;

(c)

the dismissal of, and taking disciplinary action against, school staff in the Staffing of Maintained Schools Regulations; or

(d)

pupil or student discipline.

(3)

Where a further education body delegates any of its functions which relate to individual members of the further education body’s staff to a joint committee, the relevant provisions of the instrument and articles apply to the discharge of such functions.

(4)

For the purposes of these Regulations, in regulations 50 to 52 of the Government of Maintained Schools Regulations and F3regulations 62 to 64 of the Federation of Maintained Schools Regulations—

(a)

“committee” (“pwyllgor”) means a joint committee established in accordance with these Regulations;

(b)

“governor” (“llywodraethwr”) means a member excluding a non governor member of a joint committee established in accordance with these Regulations; and

(c)

“head teacher” (“pennaeth”) means a head teacher of any of the schools the governing body of which is a collaborating education body.

F4(5)

During the federation transition period nothing in these Regulations prevents the governing bodies of schools intending to federate from forming a joint selection panel.

Annotations

Textual amendments

F1: Words in reg. 4(1) substituted (22.5.2014) by The Federation of Maintained Schools (Wales) Regulations 2014 (S.I. 2014/1132), regs. 1(1), 92(3)(a)
F2: Words in reg. 4(1)(a) substituted (22.5.2014) by The Federation of Maintained Schools (Wales) Regulations 2014 (S.I. 2014/1132), regs. 1(1), 92(3)(b)
F3: Words in reg. 4(4) substituted (22.5.2014) by The Federation of Maintained Schools (Wales) Regulations 2014 (S.I. 2014/1132), regs. 1(1), 92(3)(c)
F4: Reg. 4(5) inserted (22.5.2014) by The Federation of Maintained Schools (Wales) Regulations 2014 (S.I. 2014/1132), regs. 1(1), 92(3)(d)

Commencement

I1: Reg. 4 in force at 16.11.2012, see reg. 1(1)