The school staffing regulations and guidance on staffing functions came into effect on 1 September 2003. 

In general they provide a greater level of flexibility for schools than the former arrangements.  However, they do not prevent schools from continuing to conduct staffing as they did under the arrangements prior to September 2003, while they make any necessary preparations to adopt changes. 

The governing body can still make appointments itself or delegate this to the headteacher, or to a committee of one or more governors and the headteacher, or a committee with the headteacher in an advisory capacity.

When the governors identify a vacancy for a post which is to be filled for more than four months, they must send a specification to the local authority (LA), but are no longer required to consider any names submitted by the LA. The governors are also free to determine the methods of interview and selection. The governors are not required to interview candidates, so long as they do not offend equal opportunities legislation. The LA has the right to attend all phases of the selection in community and voluntary-controlled schools, and is entitled to advise the governors of foundation and voluntary-aided schools. Foundation and aided school governors appoint staff to their schools. The LA appoints staff to community and controlled schools, but must appoint the person chosen by the school, unless that person is not properly qualified to teach.

From September 2003 schools need to consider in particular the new expectation for headteachers to lead on many staffing matters (section 1). Many schools will be able to confirm delegation of appointment matters to headteachers without much delay, but others, whose headteachers are not familiar with these functions, may need to delay delegation to allow for appropriate preparation.

The need for appropriate preparation would apply particularly to the new expectation that headteachers lead initially in staff dismissal decisions. Headteachers may need some preparation and local procedures (either school policies and procedures or LA model procedures) may need to be amended. In general schools should have made any necessary preparation and adoption of new staffing arrangements by April 2004.

Note: Changes to sections 2 and 5 are as a result of the Education and Inspections Act 2006.  Section 37 which amends sections 58 and 60 of the School Standards and Framework Act 1998.  Commencement Order 7 (SI No 1971 (C.95)) brought these changes into force with effect from 1 September 2008.