OpenLegislation

Regulation 4 Delegation of authorityI1C1

England and Wales

(1)

The governing body may delegate—

(a)

any of the functions conferred upon it by these Regulations other than those conferred by F1regulations 5 to 8 and 9, 15(3) and (5) and 27(3) and (5); and

(b)

its power to appoint or dismiss any member of staff at a school to which Part 3 applies.

(2)

Subject to paragraph (4), any delegation under paragraph (1) may be to—

(a)

the head teacher,

(b)

one or more governors; or

F2(ba)

a committee established by the governing body; or

(c)

one or more governors acting together with the head teacher.

(3)

Where the governing body has made any delegation under paragraph (1) to one or more governors and the function being delegated does not directly concern the head teacher —

(a)

the head teacher may attend and offer advice at all relevant proceedings; and

(b)

the governor or governors to whom the delegation has been made must consider any such advice.

(4)

Any delegation under paragraph (1) of—

(a)

the determination that the head teacher should cease to work at the school; or

(b)

the power to appoint or dismiss the head teacher,

may be to one or more governors, other than a governor who is the head teacher.

F3(5)

Paragraph (2)(ba) does not authorise delegation to a committee that includes an associate member who is a pupil or a member of staff at the school.

Annotations

Textual amendments

F1

Words in reg. 4(1)(a) substituted (1.9.2012) by The School Staffing (England) (Amendment) Regulations 2012 (S.I. 2012/1740), regs. 1, 2(2)

F2

Reg. 4(2)(ba) inserted (1.9.2015) by The School Governance (Miscellaneous Amendments) (England) Regulations 2015 (S.I. 2015/883), regs. 1(1), 5(2)(a)

F3

Reg. 4(5) inserted (1.9.2015) by The School Governance (Miscellaneous Amendments) (England) Regulations 2015 (S.I. 2015/883), regs. 1(1), 5(2)(b)

Modifications

C1

Reg. 4 applied (with modifications) by S.I. 2007/2979, Sch. 1 para. 28 (as substituted (1.4.2013) by The Pupil Referral Units (Miscellaneous Amendments) (No.2) (England) Regulations 2012 (S.I. 2012/3158), regs. 1, 3(9))

Commencement

I1

Reg. 4 in force at 2.11.2009, see reg. 1(1)