Where the vacancy is in the post of head teacher and either the post has not been filled, or it appears to the governing body that the post will not be filled, the governing body must either—
(a) recommend a person for appointment as acting head teacher, or
(b) engage, or
(c) make arrangements for the engagement of a person to provide his or her services as acting head teacher, otherwise than under a contract of employment with the local education authority.
If the governing body recommends a person for appointment as acting head teacher or acting deputy head teacher, the local education authority must appoint the person recommended unless he or she does not meet any staff qualification requirements which are applicable in relation to his or her appointment.
If the authority declines to appoint a person recommended by the governing body for appointment as acting head teacher because they do not meet staff qualification requirements which are applicable in relation to his or her appointment, the governing body must recommend another person for appointment.