Joint Committee on Statutory Instruments Thirtieth Report

6 S.I. 2003/1963: elucidation

School Staffing (England) Regulations 2003 (S.I. 2003/1963)

6.1 The Committee draws the special attention of both Houses to these Regulations on the ground that they require the elucidation provided by the Department.

6.2 Regulation 13 makes provision for the appointment of the head teacher and deputy head teacher of a school. It requires the governing body to notify the local education authority of any vacancy for the head teacher, and where it identifies the post of deputy head teacher as one to be filled, that post. The governing body must advertise any such vacancy or post, and appoint a selection panel. Paragraph (7) of that regulation provides that if the governing body has good reason not to advertise and conduct a selection process to fill the vacancy or post, the authority must appoint the person identified by the governing body.

6.3 The Committee asked the Department for Education and Skills to explain what could constitute "good reason" for the purposes of regulation 13(7) and the similarly worded provision in regulation 22(7). In a memorandum printed in Appendix 6, the Department explains that the guidance, which has been given by the Secretary of State under sections 35(8) and 36(8) of the Education Act 2002 to local education authorities and governing bodies and to which they must have regard, sets out circumstances which would constitute "good reason" not to conduct a selection process. These circumstances are mentioned in the memorandum. The Committee reports regulations 13(7) and 22(7) on the ground that they require the elucidation provided in the Department's memorandum.

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