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Self-Governing Schools etc. (Scotland) Act 1989

Status:

This is the original version (as it was originally enacted).

Section 38.

SCHEDULE 9Commissioners for School Assets

Appointment

1Where the Secretary of State has approved proposals published under section 16 of this Act, he shall appoint a commissioner for school assets (in this Schedule referred to as the “commissioner”) in respect of that school, for the purpose of carrying out the functions of a commissioner mentioned in this Act.

2The appointment of a commissioner shall be in writing, and shall specify—

(a)the school or schools in respect of which he is appointed; and

(b)his remuneration.

3Subject to paragraphs 5 and 6 below, a commissioner’s appointment shall come to an end when it appears to the Secretary of State that he has completed what he was employed to do.

4The Secretary of State shall pay the remuneration of the commissioner and any expenses incurred by him in carrying out his functions.

Resignation and dismissal

5A commissioner may resign his office at any time by giving notice in writing to the Secretary of State.

6The Secretary of State may, if it appears to him that a commissioner is unable or unfit to discharge his functions, terminate the commissioner’s appointment by notice in writing to him.

Powers

7A commissioner may with the prior consent of the Secretary of State employ persons, on such terms as he may determine, to assist him in carrying out his functions.

8The commissioner shall comply with any directions given to him by the Secretary of State in carrying out his functions.

9A commissioner shall not delegate any of his functions.

Status

10A commissioner shall not be regarded as a servant or agent of the Crown, nor as enjoying any status, immunity or privilege of the Crown; and any property which he may hold in his capacity as a commissioner shall not be regarded as property of, or property held on behalf of, the Crown.

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