Section 46 Restriction on staff changes.C1

England and Wales

C2(1)

During any period when the procedure for acquisition of grant-maintained status is pending in relation to a school, the local education authority shall not do any of the things mentioned in subsection (2) below without the required consent.

(2)

Those things are—

(a)

the appointment of a person to fill a vacancy in a post which is part of the complement of the school or to work solely at the school in any other post,

(b)

the dismissal (otherwise than under section 27(5) or 28(4) of the M1Education Act 1944 (special provisions as to religious education in voluntary schools)) of a person to whom subsection (3) below applies, and

(c)

the withdrawal of such a person from work at the school (otherwise than by dismissing him).

(3)

This subsection applies to any person who is employed—

(a)

in a post which is part of the complement of the school, or

(b)

to work solely at the school in any other post.

(4)

The references in this section to the complement of the school are to the complement of teaching and non-teaching posts determined by the local education authority for the school under section 34 of the M2Education (No. 2) Act 1986 (determination of staff complement for schools).

(5)

In the case of anything done after proposals for acquisition of grant-maintained status have been approved, the required consent is that of the new governing body.

(6)

In any other case the required consent is that of both the existing governing body and the Secretary of State.

Annotations

Marginal citations

M1: 1944 c. 31.
M2: 1986 c. 61.

Modifications

C1: Ss. 40-46 applied (with modifications) (1.4.1994) by S.I. 1994/653, regs. 2(2), 11
C2: S. 46(1)(5) modified (1.1.1994) by S.I. 1993/3103, reg. 4, Sch.3

Notes on the whole Act

Textual amendments

F1: Act repealed (1.11.1996) by 1996 c. 56, ss. 582(2)(3), 583(2), Sch. 38 Pt. I (with savings in ss. 1(4), 561, 562, Sch. 39); Sch. 13 paras. 6, 7 as saved continued (1.9.1999) by S.I. 1999/2267, reg. 2(2); and s. 154(4) expressed to be amended (11.9.1998) by 1998 c. 18, ss. 54(1), 55(2), Sch. 3 para. 25 (which amendment fell (1.4.1999) by reason of the repeal of the said Sch. 3 para. 25 by 1998 c. 31, s. 140(3), Sch. 31; S.I. 1999/1016, art. 2(1), Sch. 1)

Notes on Chapter III

Modifications

C1: S. 35 and Pt. II Chapter III applied (with modifications) (9.5.1994) by S.I. 1994/1084, reg. 3, Sch. 1