Education (Scotland) Act 1980

Part IVS Teachers

Appointment, dismissal, retirement and employment of teachersS

87 Appointment of teachers.S

The function of appointing teachers for service in public schools and other educational establishments under the management of an education authority shall be in the education authority, and every appointment shall be during the pleasure of the authority.

[F187A Appointment of principal teachers.S

Where an education authority intend to fill a post, other than on an acting basis, of a principal teacher in a school, they shall advertise the post in such publications circulating throughout Scotland as they consider appropriate.]

87B Selection of teachers.S

Without prejudice to section 7 of the Local Government and Housing Act 1989 (which provides for the appointment of staff of local authorities to be made on merit) and to any requirement in any other enactment as to the considerations to which they may or may not have regard in making appointments, an education authority who are considering an appointment of a teacher shall not exclude any person from consideration for such an appointment on the ground that—

(a)he is not employed by that education authority; or

(b)he is or is not employed by a particular employer or class of employer; or

(c)he is not currently employed as a teacher.

88. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2S

89 Age of retirement of teachers. S

(1)Subject to subsection (2) below, a teacher employed by an education authority or by the managers of a grant-aided school shall retire from the post in which he is employed no later than the date of his attaining the age of 65.

(2)Nothing in subsection (1) above shall preclude the re-employment by the education authority or, as the case may be, the managers of the grant-aided school, if and in so far as they consider it appropriate, of—

(a)a retired teacher in a post other than a post of special responsibility, either full-time or part-time and for a period not exceeding one year in respect of any one re-employment;

(b)(without prejudice to paragraph (a) above), a retired teacher who immediately before his retirement held a post of special responsibility, in that post for a period not exceeding three months from the date of his retirement.

(3)In subsection (2) above, “post of special responsibility” shall be construed in accordance with the memorandum referred to in an order made by the Secretary of State under section 92(4) of this Act and for the time being in force.

90 Employment of teachers.S

(1)The Secretary of State may in regulations under section 2 or 74(1) of this Act prescribe that only registered teachers shall be employed or continue to be employed as teachers by education authorities in the educational establishments to which the regulations apply, subject to such exceptions as may from time to time be so prescribed.

(2)It is hereby declared that the power of the Secretary of State to make regulations under section 1(2) of the M1Education (Scotland) Act 1962, as originally enacted, and as re-enacted as section 2 by the M2Education (Scotland) Act 1969 shall be deemed always to have included power on and after 1st November 1965 to prescribe in such regulations that only registered teachers shall be employed or continue to be employed as teachers by education authorities in the educational establishments to which the regulations apply, subject to such exceptions as may from time to time be so prescribed.

(3)For the avoidance of doubt, it is hereby declared that the power of the Secretary of State to make regulations under section 76(1) of the said Act of 1962 shall be deemed always to have included power on and after 1st November 1965 to prescribe in such regulations that only registered teachers shall be employed or continue to be employed as teachers by managers of educational establishments in the educational establishments to which the regulations apply, subject to such exceptions as may from time to time be so prescribed.

(4)For the avoidance of doubt, it is hereby declared that in the Schools (Scotland) Code 1956, as amended by the Teachers (Education, Training and Registration) (Scotland) Regulations 1967, regulation 4(2) shall be construed as having always applied to teachers in employment on 1st April 1968, as well as to teachers taken into employment after that date.

Pay and conditions of teaching staff employed in providing school educationS

[F391 Committee to consider pay and conditions of teaching staff employed in providing school education.S

(1)There shall be a committee (in this section and in sections 92 and 93 of this Act referred to as “the committee”) the functions of which shall be—

(a)whenever so required by the Secretary of State, or (in the absence of such requirement) whenever it thinks fit, to consider; and

(b)whenever it thinks fit to formulate a settlement as to what shall be,

the remuneration payable to, and the terms and conditions of employment of, teaching staff employed by education authorities in Scotland in, or in connection with, the provision of school education.

(2)The Secretary of State may by order prescribe the maximum number of persons by whom, respectively, he, teaching staff and education authorities may be represented on the committee.

(3)Any order made under subsection (2) above may be varied or revoked by a subsequent order made by the Secretary of State.

(4)The committee shall itself determine the name by which it shall be known.]

92 Composition of committee established under section 91.S

(1)Subject to any order made under section 91(2) of this Act, the Secretary of State may, for the purpose of setting up the committee, invite any body which appears to him to be representative of teaching staff or education authorities to nominate a person, or such number of persons as may be specified in the invitation, to membership of the committee; and the initial members of the committee shall be such persons as are so nominated together with such person or persons as the Secretary of State may first nominate, under subsection (3)(b) below, to represent him.

(2)At the request, or with the consent, of a member of the committee the body which nominated the member, or the Secretary of State where he nominated the member, may depute a person to attend a meeting of the committee, or of a sub-committee of the committee, in place of the member; and the person shall, for the purposes of that meeting—

(a)be deemed to be a member of the committee (or of the sub-committee as the case may be); and

(b)have the like powers and duties as the member in place of whom he has been deputed to attend.

(3)Subject to the provisions of this section and to any order made under section 91(2) of this Act—

(a)the members of the committee for the time being representing—

(i)teaching staff may from time to time, if a majority of those members so agree, invite a body (whether or not a body by which one or more of those members was nominated) which appears to them to be representative of teaching staff;

(ii)education authorities may from time to time, if a majority of those members so agree, invite a body (whether or not a body by which one or more of those members was nominated) which appears to them to be representative of education authorities,

to nominate a person to membership of the committee;

(b)the Secretary of State may from time to time nominate a person or persons to membership of the committee to represent him;

(c)a body which has by virtue of subsection (1) above, or paragraph (a) of this subsection, or under this paragraph of this subsection, nominated a person to membership of the committee may if and when, for any reason other than a determination under subsection (6) below, that person ceases to be a member of the committee nominate a person to membership of the committee in place of that former member;

and any person so nominated shall thereby be a member of the committee.

(4)A nomination shall not be invited under subsection (3)(a) above unless and until such invitation is approved by the Secretary of State.

(5)At any time, a nomination made—

(a)under paragraph (b) of subsection (3) above may be revoked by the Secretary of State;

(b)by virtue of subsection (1), or paragraph (a) of subsection (3), above or under paragraph (c) of the said subsection (3) may be revoked by the body which made that nomination;

and a person whose nomination is so revoked shall thereby cease to be a member of the committee.

(6)Where a maximum prescribed under section 91(2) of this Act would otherwise be exceeded, the members inviting a nomination under subsection (3)(a) above may, if the Secretary of State and a majority of those members so agree, determine that one of them, whom they shall specify in the determination, shall on the making of the nomination cease to be a member of the committee.

93 Publication of settlements and awards in relation to teaching staff employed in providing school education.S

(1)As soon as practicable after—

(a)the committee has, in the exercise of its functions under section 91(1) of this Act, formulated a settlement; or

(b)the coming into effect of an award which, under section 97B(8) or (9) of this Act, is to have the same effect as a settlement formulated by the committee,

the committee shall—

(i)publish; and

(ii)transmit to the Secretary of State and to each education authority in Scotland a published copy of,

the settlement or, as the case may be, award.

(2)The committee shall, from time to time, publish a consolidated collection of all the settlements and awards which it has published under subsection (1) above, and which are currently in force; and it shall transmit a copy of that collection to the Secretary of State and to each education authority in Scotland.

94—96.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4S

Provisions common to the two committeesS

97. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5S

97A Effect of settlement.S

(1)A settlement formulated by the committee shall specify the date (which may be a date prior to the said formulation) as from which the settlement shall have effect; and the settlement shall remain in effect unless and until superseded by a subsequent such settlement;

(2)[F6Where a settlement has been formulated by the committee], every education authority shall give effect to the settlement in so far as it relates to any member of the teaching staff employed by the authority in the provision of school education;

(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F7

and, without prejudice to subsections (4) and (5) of section 18 of the M3Trade Union and Labour Relations Act 1974 (which make provision in relation to the right of workers to engage in industrial action), while the settlment is in effect—

[F8(a)]the provisions of the settlement shall be deemed to be incorporated in any contract of employment which that member has or may enter into with the employing authority or body; and

[F9(b)]that contract shall have effect only in so far as consistent with those provisions.

(3)Subsections (1) to (3) of section 18 of the said Act of 1974 (which relate to the enforceability of collective agreements) shall not apply to a settlement formulated by the committee.

(4)The remuneration payable to, and the terms and conditions of employment of, any person to whom this subsection applies may, subject to the provisions of any other enactment and to that person’s contract of employment, be such as his employer thinks fit.

(5)Subsection (4) above applies to teaching staff in relation to whom there is in effect neither a settlement formulated under the provisions of this Act nor an order made prior to the commencement of this section under section 92 of this Act (as originally enacted and not as substituted by the M4Education (Scotland) Act 1981) or that section as applied by section 94 of this Act (as so enacted and not as so substituted).

97B Provision for arbitration.S

(1)The Secretary of State shall make arrangements whereby, in such circumstances and subject to such exceptions as may be provided by the arrangements, matters in respect of which the committee has failed to reach agreement or to formulate a settlement may be referred to arbitration in such manner as may be so provided.

(2)Before making any arrangements under subsection (1) above in relation to the committee, the Secretary of State shall consult the bodies referred to in section 92(1) F10 of this Act.

(3)Any such arrangements may include provision for the appointment of arbiters by the Advisory, Conciliation and Arbitration Service for the purposes of any reference under this section.

(4)The Secretary of State may vary or revoke any arrangements made by him under subsection (1) above by new arrangements which shall be subject to subsection (2) above.

(5)The award of an arbiter in relation to any referral, in pursuance of arrangements under subsection (1) above, in respect of a failure to formulate a settlement shall—

(a)be intimated forthwith to the Secretary of State by the committee; and

(b)specify the date (which may be a date prior to the award) as from which the provisions of the award should have effect.

(6)Within 21 days of receiving, under subsection (5)(a) above, intimation of an award the Secretary of State shall inform the committee either—

(a)that he accepts the award; or

(b)that he does not accept the award;

and where he so informs the committee that he does not accept the award he may within 35 days of receiving the said intimation make an order preventing the award from having effect.

(7)Any order under subsection (6) above shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(8)Where the Secretary of State has made an order under subsection (6) above he shall, after consultation with the committee, determine what changes (if any) in the remuneration of teaching staff as it then exists are appropriate in the circumstances, and such determination shall have effect as if it were a settlement formulated by the committee and sections 97A and 97D of this Act shall be construed accordingly.

(9)Where in respect of an award the Secretary of State—

(a)informs the committee, under subsection (6)(a) above, that he accepts the award;

(b)does not so inform the committee but does not make an order under subsection (6) above; or

(c)makes an order under subsection (6) above but either House resolves, within the period specified in section 5(1) of the M5Statutory Instruments Act 1946, that an Address be presented to Her Majesty praying that the instrument laid before Parliament be annulled,

the award shall have the same effect, as from the date which under subsection (5)(b) above it specifies, as a settlement formulated by the committee; and sections 97A and 97D of this Act shall be construed accordingly.

(10)Subsections (1) to (4) above shall not apply in respect of any matter relating to procedure only.

97C Interpretation of sections 91 to 97B.S

In sections 91 to 97B of this Act, unless the context otherwise requires—

(a)“teaching staff” means such teachers and such other persons as the Secretary of State, after consultation—

(ii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F12

may [F13from time to time] by order determine [F14and the provisions of those sections shall accordingly not apply in relation to such teachers or other persons employed by education authorities in Scotland in, or in connection with, the provision of school education as are excluded from the definition of “teaching staff” by such an order;] and

(b)“terms and conditions of employment” does not include—

(i)pensions, gratuities or allowances payable on retirement or death;

(ii)compensation for loss of office or employment or for loss or diminution of emoluments; or

(iii)provision for such benefits.

97D Remuneration of teaching staff: transitional provisions.S

Any order made under section 92 of this Act (as originally enacted and not as substituted by the M6Education (Scotland) Act 1981) or that section as applied by section 94 of this Act (as so enacted and not as so substituted) prior to the commencement of this section and presently in force shall remain in force unless and until the scales and other provisions set out in the memorandum referred to in that order are superseded by the provisions of a settlement formulated under this Act.