Section 134 Teachers in aided schools.

England, Wales and Scotland

(1)

Where a teacher in F1a foundation, voluntary aided or foundation special school is dismissed by the governing body of the school in pursuance of a requirement of the F2local authority under F3paragraph 7 of Schedule 2 to the Education Act 2002, this Part has effect in relation to the dismissal as if—

(a)

the local authority had at all material times been the teacher’s employer,

(b)

the local authority had dismissed him, and

(c)

the reason or principal reason for which they did so had been the reason or principal reason for which they required his dismissal.

(2)

For the purposes of a complaint under section 111 as it has effect by virtue of subsection (1)—

(a)

section 117(4)(a) applies as if for the words “not practicable to comply” there were substituted the words “ not practicable for the local education authority to permit compliance ”, and

(b)

section 123(5) applies as if the references in it to the employer were to the local authority.

F4(3)

In this section “ local authority ” has the meaning given by section 579(1) of the Education Act 1996.

Annotations

Textual amendments

F1: Words in s. 134(1) substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 55 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1
F2: Words in s. 134 substituted (5.5.2010) by The Local Education Authorities and Children's Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 41(3)(a)
F3: Words in s. 134(1) substituted (1.9.2003 for E.S. and 1.4.2006 for W.) by Education Act 2002 (c. 32), ss. 215(1), 216, Sch. 21 para. 30 (with ss. 210(8), 214(4)); S.I. 2003/1667, art. 4 (with Sch. 1 (as amended (1.4.2004) by S.I. 2004/571, reg. 3 and S.I. 2005/2570, (art. 2))); S.I. 2006/879, art. 4, Sch.
F4: S. 134(3) inserted (5.5.2010) by The Local Education Authorities and Children's Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 41(3)(b)

Notes on the whole Act

Textual amendments

F1: Part 2B heading and s. 27C inserted (E.W.S.) (31.7.2023 for specified purposes, 1.10.2024 in so far as not already in force) by Employment (Allocation of Tips) Act 2023 (c. 13), ss. 1, 14(2); S.I. 2023/876, reg. 3(a); S.I. 2024/829, reg. 3(a)

Notes on Part X

Modifications

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Ss. 66-68, 70-71, 92-93, Pt. 10 (ss. 94-134) modified (E.W.) (2.3.1998) by S.I. 1998/218, art. 3, Sch.

Pt. 10 (ss. 94-134) applied (with modifications) (E.W.) by S.I. 1998/218, art. 4(b)

Pt. 10 (ss. 94-134) modified (1.1.1999) by 1998 Measure No. 1, s. 6(1), Sch. 3 para. 3(1)(2); Instrument dated 14.10.1998 made by the Archbishops of Canterbury and York

Pt. 10 (ss. 94-134) modified (6.6.2000) by 1992 c. 52, s. 70A, Sch. A1 para. 161(1), 162 (as inserted (6.6.2000) by 1999 c. 26, s. 1, Sch. 1; S.I. 2000/1338, art. 2(a))

Pt. 10 (ss. 94-134) modified (4.9.2000) by 1999 c. 26, ss. 12(3)(6), (with ss. 14, 15); S.I. 2000/2242, art. 2(1)

Pt. 10 (ss. 94-134) modified (24.4.2000) by 1992 c. 52, s. 238A(2) (as inserted (24.4.2000) by 1999 c. 26, ss. 16, Sch. 5 para. 3; S.I. 2000/875, art. 2 (with transitional provision in art. 3))

Pt. 10 (ss. 94-134) modified (E.W.) (1.9.1999) by S.I. 1999/2256, arts. 3, 4(b), Sch.

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