Explanatory note

These Regulations place a duty on the governing body of a maintained school with a delegated budget, and on the local education authority in respect of a school without a delegated budget or a pupil referral unit (the “relevant body”), to review the staffing arrangements at the school, or the pupil referral unit, as the case may be. The review must be conducted with a view to ensuring that the management and deployment of, and allocation of duties and responsibilities to, all staff make effective use of its resources. In conducting the review, the relevant body must take into account the pay arrangements and the conditions of employment of school teachers set out in the Document and the implications for the grading and remuneration of support staff. On or before 31^st December 2005, all relevant bodies must determine their review of the staffing structure and prepare a plan for the implementation of any changes to the staffing structure.

The duty upon governing bodies to conduct the review of the staffing structure is without prejudice to the general principles and the respective roles and responsibilities of governing bodies and head teachers set out in the Education (School Government) (Terms of Reference) (England) Regulations 2000.

Regulation 4 of these Regulations imposes a duty on the head teacher, or the teacher in charge in the case of a pupil referral unit, to advise and assist the relevant body in relation to its review of the staffing structure and preparation of the implementation plan.

Regulation 5 of these Regulations imposes a duty on the relevant bodies to have regard to the need for the head teacher, or the teacher in charge in the case of a pupil referral unit, to enjoy a reasonable work/life balance.