{
  "url": "https://openlegislation.uk/education-acquisition-of-grantmaintained-status-transitional-functions-regulations-1993/regulation-5",
  "json_url": "https://openlegislation.uk/education-acquisition-of-grantmaintained-status-transitional-functions-regulations-1993/regulation-5.json",
  "legislation": "uksi/1993/3072",
  "legislation_title": "The Education (Acquisition of Grant–maintained Status) (Transitional Functions) Regulations 1993",
  "legislation_url": "https://openlegislation.uk/education-acquisition-of-grantmaintained-status-transitional-functions-regulations-1993",
  "path": "regulation/5",
  "kind": "regulation",
  "number": "5",
  "heading": "Appointment of staff other than the head teacher and deputy head teacher",
  "text": "(1) This regulation applies to the exercise by the new governing body of a grant– maintained school of their powers to enter into a contract of employment to which this Part of these Regulations applies where the person concerned is to be employed otherwise than as the head or deputy head teacher of the school.\n(2) Before entering into any such contract with any person, the new governing body shall comply with the following provisions of this regulation with respect to the person’s appointment.\n(3) Subject to paragraph (4) below, the new governing body shall, before determining to appoint any person, consider any advice given by—\n(a) any person who has been appointed by the new governing body to be the head teacher of the school from a date beginning on or after the implementation date; or\n(b) if there is no such person, the existing head teacher of the school.\n(4) The new governing body may delegate to the person referred to in paragraph (3)(a) above or, if there is no such person, the person referred to in paragraph (3)(b) above the function of selecting a person to be considered by them for appointment; and in those circumstances paragraph (3) above shall not apply.\n(5) Subject to paragraph (6) below, before appointing any person to a teaching post at the school the new governing body shall, unless they decide to fill the vacancy by the appointment of a person who is already employed to work at the school, advertise the vacancy as they think fit.\n(6) Where the new governing body advertise a vacancy in accordance with paragraph (5) above, they shall not be required to appoint a person who has applied for the vacancy in response to their advertisement.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/1993/3072/regulation/5",
    "retrieved_at": "2026-10-29T13:45:13.629577+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}