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Regulation 3 Amendment of the principal Regulations

Original text. Later amendments are not shown.

After regulation 3 of the principal Regulations there shall be inserted the following regulation—

“3A
(1)

In these Regulations “recommending body” means—

(a)

subject to sub–paragraph (b)—

(i)

where the person named in the recommendation is employed or is to be employed at a single school, except a pupil referral unit, the governing body of that school, or

(ii)

where the person named in the recommendation is employed or is to be employed wholly or mainly at a pupil referral unit, the maintaining local education authority; or

(b)

in relation to a recommending body in England where the licence or authorisation was granted before 1st April 1995 and in relation to a recommending body in Wales—

(i)

subject to (iii) below, where the person named in the recommendation is employed or is to be employed at a school maintained by a local education authority, except a pupil referral unit, which has a delegated budget, a special school not so maintained or a grant–maintained school, the governing body of that school;

(ii)

subject to (iii) below, where the person named in the recommendation is employed or is to be employed at a school maintained by a local education authority which does not have a delegated budget, or at a pupil referral unit, that maintaining local education authority; or

(iii)

where the person named in the recommendation is employed or is to be employed at more than one school maintained by the same local education authority, that maintaining local education authority,

  • and any reference to a school which has a delegated budget shall be construed in accordance with section 33(6)(b) of the Education Reform Act 1988.

(2)

References in these Regulations to a recommending body in England and Wales are to a local education authority or the governing body of a school in England or, as the case may be, in Wales.”.