# The Education (Head Teachers) Regulations 1999, Note: Explanatory note


(This note is not part of the Regulations)
These Regulations make transitional provision in relation to the prospective repeal of Part II of the Education Act 1996. In relation to county, voluntary and maintained special schools organised in two or more departments, each with a head teacher, section 132 of that Act provides that provisions of the Act conferring functions on the head teacher have effect as if each department was a separate school. It is proposed to commence the repeal on 1st September 1999 (the appointed day for the purposes of section 20(7) of the School Standards and Framework Act 1998) when the schools to which section 132 relates will enter new categories.
From 26th May 1999 no appointment may be made to fill the post of head teacher of a department of a school. At any time from 26th May 1999, when a post of head teacher of a department of a school becomes vacant, the school is to be re-organised so that there is a single post of head teacher. Regulation 5 provides that in the event of such a re-organisation, if there is a single remaining head teacher of a department in post, the body which makes teacher appointments (the local education authority or the governing body) have the option of appointing that head teacher to the post of head teacher of the school instead of following the usual statutory appointment procedures.
Until a post of head teacher of a department of a school becomes vacant (whether before or after 1st September 1999), a school is not obliged to re-organise. Section 132 of the Education Act 1996, and on and after 1st September 1999 regulation 4(1) and (2) which makes provision similar to section 132, will apply to such a school until a post of head teacher of a department becomes vacant.
Schedule 9 to the School Standards and Framework Act 1998, the Education (School Government) (Transition to New Framework) Regulations 1998 and the Education (Transition to New Framework) (New Schools, Groups and Miscellaneous) Regulations 1999 envisage that there will only be one head teacher post at each maintained school. In consequence of the transitional provisions in these Regulations, regulation 6 modifies those provisions to provide that, while there is more than one post of head teacher at a school, each head teacher will be a governor unless he chooses not to be.
In particular, the prescribed pro-formas for new instruments of government are modified for schools which have more than one post of head teacher. The modified pro-formas are such that amendments to the instrument of government will not be required when there ceases to be more than one head teacher post at the school.

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Source: https://www.legislation.gov.uk/uksi/1999/1287/note (the official version)
Page: https://openlegislation.uk/education-head-teachers-regulations-1999/note
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.