37 Payments in respect of dismissal, etc
Education Act 2002 (2002 c 32) | Legislation

37  Payments in respect of dismissal, etc

(1)     It shall be for the governing body of a maintained school to determine—

(a)     whether any payment should be made by the [local authority] in respect of the dismissal, or for the purpose of securing the resignation, of any member of the staff of the school, and

(b)     the amount of any such payment.

(2)     Subsection (1) does not, however, apply in relation to a payment which the [local authority] are required to make—

(a)     by virtue of any contract other than one made in contemplation of the impending dismissal or resignation of the member of staff concerned, or

(b)     under any statutory provision.

(3)     The [local authority]—

(a)     shall take such steps as may be required for giving effect to any determination of the governing body under subsection (1), and

(b)     shall not make, or agree to make, a payment in relation to which that subsection applies except in accordance with such a determination.

(4)     Subject to subsection (7), costs incurred by the [local authority] in respect of any

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