Teaching Council (Scotland) Act 1965 (repealed)

Supplementary provisions relating to the CouncilS

IncorporationS

7The Council shall be a body corporate, with a common seal.

PowersS

8In addition to the powers conferred on the Council by the other provisions of this Act, the Council shall have power to acquire, dispose of, and otherwise intromit with, rights in land.

ChairmanS

9(1)The chairman of the Council shall be appointed by the members of the Council from their own number.

(2)The chairman, or in his absence the person acting as chairman, of the Council shall have a casting vote in the proceedings of the Council.

AssessorsS

10The Secretary of State may appoint not more than two persons to be assessors for him at the proceedings of the Council; and each such assessor (or in his absence from any proceedings such other person as may be nominated by him for the purpose of those proceedings) shall be entitled to attend and speak at the proceedings of the Council and of any committee thereof except the Investigating Committee and the Disciplinary Committee; but no assessor shall be entitled to vote at any such proceedings.

ProceedingsS

11The powers of the Council, and any committee thereof, may be exercised notwithstanding any vacancy in the membership thereof, and the proceedings of the Council or any such committee shall not be invalidated by reason only of any defect in the election, appointment or nomination of a member.

Standing ordersS

12Subject to the provisions of this Act the Council may make standing orders for the regulation of their proceedings and the quorum at such proceedings, and of the proceedings, and the quorum at the proceedings, of any committee of the Council other than the Disciplinary Committee; and for the keeping of records, the execution of documents and such other matters connected with the conduct of the Council’s business as the Council think fit.

Expenses and accountsS

13(1)Any fees payable by virtue of this Act in respect of the entry, or retention of a name on, or the restoration of a name to, the register shall be paid to the Council, and any expenses of the Council shall be defrayed out of the sums received by the Council either on account of those fees or otherwise.

(2)The Council shall keep proper accounts of all sums received or paid by them, and proper records in relation to those accounts, and the accounts for each financial year of the Council shall be audited by auditors appointed by the Council; and as soon as any accounts of the Council have been audited the Council shall cause them to be published, and shall send a copy of them to the Secretary of State, together with a copy of any report of the auditors thereon.

(3)No person shall be qualified to be appointed as an auditor under this paragraph unless he is a member of one or more of the following bodies:—

• the Institute of Chartered Accountants of Scotland;

• the Institute of Chartered Accountants in England and Wales;

• the Institute of Chartered Accountants in Ireland;

• the Association of Certified and Corporate Accountants;

• any other body of accountants established in the United Kingdom and for the time being recognised for the purposes of [F1section 389(1)(a) of the Companies Act 1985 by the Secretary of State];

but a Scottish firm may be so appointed if each of the partners thereof is qualified to be so appointed.

OfficialsS

14(1)The Council may employ a registrar and such other wholetime and part-time officers and servants as they may require to enable them to carry out their functions, and may do so on such terms as to remuneration, allowances or otherwise as the Council may determine.

(2)The Council may require any person employed by them whose responsibility includes intromission with their funds to find such caution as they may determine for his duly accounting for his intromissions.

(3)The Council may pay, or enter into arrangements with insurance companies or local authorities for the payment of, pensions and other superannuation benefits to persons who have been employed by them.

Allowances for membersS

15The Council may, with the approval of the Secretary of State, pay to their members, and to other persons who are members of any committee appointed by the Council, such travelling, subsistence and other allowances as they think fit.

Committee on exceptional admission to the registerS

16(1)The Council shall appoint a committee, consisting of not more than one-third of the members of the Council, to review from time to time the principles specified in any statement under section 8 of this Act, and shall delegate to that committee the functions of the Council in dealing, in accordance with those principles, with applications for registration by virtue of section 6(2)(c) of this Act.

(2)Any person aggrieved by a decision of the said committee refusing that person’s application for registration shall be entitled to require the Council to review the decision; and in relation to any such review no person, other than the chairman of the Council, who was a member of the said committee at the time when its decision was taken shall be entitled to take part in the proceedings of the Council.

(3)Where the Council in pursuance of the last foregoing sub-paragraph review a decision of the said committee they shall afford to the applicant, if he so desires, an opportunity of appearing before them and being heard in relation to the review.

(4)Where the said committee or the Council, under sub-paragraph (1) or, as the case may be, sub-paragraph (2) of this paragraph, refuse a person’s application for registration, the committee or, as the case may be, the Council shall cause notice of the refusal to be served on that person; and any such notice shall include a statement of the reasons for the refusal.