OpenLegislation

The Education (Modification of Enactments Relating to Employment) (England) (Amendment) Order 2004

S.I. 2004/2325 · Made 8 September 2004

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

EDUCATION, ENGLAND

Made 8th September 2004

Laid before Parliament 10th September 2004

Coming into force 1st October 2004

In exercise of the powers conferred upon the Secretary of State by section 81 of the School Standards and Framework Act 1998f1 and after consulting—

  1. [a]

    such associations of local authorities,

  2. [b]

    such bodies representing the interests of governors of foundation or voluntary schools, and

  3. [c]

    such organisations representing staff in maintained schools,

as appeared to him to be concerned, the Secretary of State for Education and Skills hereby makes the following Order:

Annotations to the whole text

Footnotes

f1

1998 c. 31, amended by paragraph 107 of Schedule 21 to the Education Act 2002 c. 32.

Contents

  1. 1Citation, commencement and application
  2. 2Amendment of the Education (Modification of Enactments Relating to Employment) (England) Order 2003
  3. Signature
  4. Explanatory note

1Citation, commencement and application

(1)

This Order may be cited as the Education (Modification of Enactments Relating to Employment) (England) (Amendment) Order 2004 and comes into force on 1st October 2004.

(2)

This Order applies only in relation to England.

2Amendment of the Education (Modification of Enactments Relating to Employment) (England) Order 2003

(1)

The Education (Modification of Enactments Relating to Employment) (England) Order 2003f1 is amended as follows.

(2)

The following is added at the end of the Schedule—

  • “Employment Act 2002f2sections 29-32 and Schedules 2-4”.

Signature

David Miliband

Minister of State,

Department for Education and Skills

8th September 2004

Explanatory note

(This note is not part of the Order)

This Order amends the Education (Modification of Enactments Relating to Employment) (England) Order 2003. The Order modifies various provisions relating to employment to take account of the requirement contained in the School Standards and Framework Act 1998 for local education authorities to delegate financial management of schools to their governing bodies. While a school has a delegated budget, the governing body has powers as to the appointment, suspension, conduct and discipline, capability and dismissal of staff at the school, although the authority remains the employer of staff at community, voluntary controlled, community special schools and maintained nursery schools. The authority may also be the employer of certain support staff at foundation, voluntary aided and foundation special schools.

Article 2 amends the Schedule to the 2003 Order to add the provisions of the Employment Act 2002 that relate to statutory dispute resolution procedures for staff dismissal, discipline and grievance.