School Boards (Scotland) Act 1988 (repealed)

Section 11.

SCHEDULE 2S Appointment of Headteachers, Deputies and Assistants

1SWhere an education authority intend to fill a post, other than on an acting basis, of [F1headteacher or deputy] headteacher of a school, they shall—

(a)advertise the post in such publications circulating throughout Scotland as they consider appropriate; and

(b)if they decide to proceed further with the appointment, set up a committee (to be known as an “appointment committee”) for the purpose of considering a short leet of candidates provided by the education authority and making recommendations to the authority for the appointment of persons to fill posts in accordance with this Act.

2SExcept where paragraph 4 below applies, an appointment committee shall consist—

(a)where the appointment of a headteacher is being considered, of equal numbers of persons nominated by the education authority (one of whose nominees shall be the chairman of the committee) and by the School Board;

(b)in any other case, of an equal number of persons nominated by the education authority and by the School Board; and the headteacher of the school, who shall be chairman of the committee,

but pupils of the school and members of the staff [F2(whether teaching or not)] of the school other than the headteacher may not be members of an appointment committee.

3SAny vacancy occurring in the membership of an appointment committee F3. . . shall be filled by a further nomination by the body which nominated the person whose place has become vacant.

4SWhere for any reason no School Board are for the time being established for a school, an appointment committee shall consist of persons nominated by the education authority, together with, where paragraph (2)(b) above applies, the headteacher of the school (who shall be the chairman).

[F44A(1)Subject to sub-paragraph (2) below, any reference in paragraphs 2 to 4 above to the headteacher of a school shall include a reference to any person appointed to act for the time being as the headteacher of that school if that person is not, himself, a candidate for the post.S

(2)Where an education authority has reasonable grounds for considering a person acting as headteacher would not be a suitable person to be a member of and chair a committee under this Schedule, the authority may exclude him from so acting.]

[F54BSWhere it appears to an education authority that an appointment committee cannot be constituted as mentioned in paragraphs 2 to 4A above, the authority may, after consultation with the Board, constitute an appointment committee made up of equal numbers of persons nominated by the authority and the Board with such other person as appears to the authority to be suitable as chairman.]

Application of 1973 Act to appointment committeesS

5SThe M11973 Act shall apply to appointment committees as it applies to sub-committees of an education authority appointed under F6. . . that Act, but—

(a)sections 56 and 57 of F6. . . that Act shall not apply to appointment committees;

[F7(aa)in respect of the performance of his duties as a member of an appointment committee, a person—

(i)shall not, under or by virtue of that Act, be entitled to receive any allowance or expenses;

(ii)shall be entitled to receive under this sub-paragraph from the education authority such allowances and expenses as may be determined by the Secretary of State;]

(b)members of appointment committees shall not require to be members of the education authority; and

(c)nothing in that Act shall—

(i)enable functions of an appointment committee to be discharged by the education authority or by any other person or body;

(ii)enable the education authority to control the exercise of functions by an appointment committee; or

(iii)prevent an employee of the education authority being a member of an appointment committee.

[F8 Conflict of interest]S

[F95A(1)Subject to sub-paragraph (2) below, where, whether before or during any meeting of the appointment committee, any member of the appointment committee becomes aware that he or any person connected with him has (whether directly or indirectly) a material interest in or relating to any matter to be or being considered by the appointment committee, he shall declare such interest and withdraw from the meeting during such consideration and shall not vote on any question relating to the matter.S

(2)Nothing in sub-paragraph (1) above shall—

(a)require a member of the appointment committee to declare an interest or withdraw; or

(b)prohibit him from voting,

in relation to any matter where his interest exists by reason only of his being the headteacher of the school or a parent of a pupil in attendance at the school.

(3)Section 346(2) of the M2Companies Act 1985 (meaning of “connected person”) shall apply for the purpose of determining whether a person is connected with a member of the appointment committee as it applies for the purpose of determining whether a person is connected with a director of a company; and for such purpose references in that section to a director of a company shall be construed as if they were references to such a member.

(4)The validity of any proceedings of the appointment committee shall not be affected by any failure to comply with this paragraph.]

Short leetS

6SSubject to paragraphs 7 and 8 below, a short leet shall consist of not less than 3 persons who have applied for the post and are eligible for it (in terms of any requirements by or under any enactment relating to eligibility for the post or for the class of post).

[F107SWhere there are fewer than 4 applicants who are eligible for the post the education authority may—

(a)subject to paragraph 12 below, omit the name of any candidate whom they consider to be unsuitable; or

(b)re-advertise the post.]

[F118SNothing in paragraph 7 above shall authorise the education authority to reduce the leet to fewer than 2 names.]

[F12Preparation of short leet]S

[F139SSubject to paragraph 10 below, the authority shall prepare the short leet and send it to the appointment committee; and the committee shall consider it and make their recommendation under paragraph 16 below.]

[F1410SThe authority shall prepare the short leet in consultation with, and taking account of the views of—

(a)the School Board, if the post to which the short leet relates is that of headteacher of a school for which such a Board is established; and

(b)the headteacher, if the post is that of deputy headteacher F15. . ..]

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Appointment of headteacher, where School Board establishedS

[F139SSubject to paragraph 10 below, the authority shall prepare the short leet and send it to the appointment committee; and the committee shall consider it and make their recommendation under paragraph 16 below.]

[F1410SThe authority shall prepare the short leet in consultation with, and taking account of the views of—

(a)the School Board, if the post to which the short leet relates is that of headteacher of a school for which such a Board is established; and

(b)the headteacher, if the post is that of deputy headteacher F15. . ..]

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Appointments of deputy or assistant headteacher, or of headteacher where no School Board establishedS

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Procedure of committeeS

14SThe appointment committee and (where appropriate) the School Board shall—

(a)inform the [F16education authority] in advance of any meeting to be held by either of them in connection with appointment to any post;

(b)consider any advice given by him or his nominee in relation to the appointment.

15S[F17An officer of the education authority] shall—

(a)be entitled to attend any proceedings of the appointment committee or a School Board; and

(b)give the committee or, as the case may be, the Board such advice as he considers appropriate,

in relation to an appointment to which this Schedule applies.

16SThe appointment committee shall, unless they consider that no person on the short leet is suitable for the post, recommend one candidate for appointment.

17SWhere an appointment committee recommend the appointment of any person to a post to which this Schedule applies the education authority shall appoint that person accordingly, unless it appears to them that the candidate is not eligible for the post in which case they may refuse to appoint him.

18SWhere an education authority refuse, under paragraph 17 above, to appoint the person recommended by the appointment committee, the authority shall, if they intend to fill the post, undertake fresh procedure under paragraph 1 above.

19SIt shall not be competent for a deputy F18. . . headteacher to exercise any of the functions of a headteacher under this Schedule.