Education (Scotland) Act 1980

Appointment, dismissal, retirement and employment of teachers

87 Appointment of teachers

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.

88 Dismissal of teachers

(1) No resolution of an education authority for the dismissal from their, service of a registered teacher other than a teacher who has completed forty-five years of reckonable service or of reckonable service and comparable British service within the meaning of the teachers' superannuation regulations shall be valid unless—

(a) written notice of the motion for his dismissal shall,

not less than three weeks before the meeting at which the resolution is adopted, have been sent to the teacher and to each member of the education authority; and

(b) not less than one half of the members of the education authority are present at the meeting; and

(c) the resolution is agreed to by two-thirds of the members so present.

(2) Where an education authority arrange for the exercise by their education committee of the power of dismissing a registered teacher from their service, the provisions of subsection (1) above shall apply with the substitution of the education committee for the education authority.

(3) Notwithstanding anything in this Act, an education authority may summarily suspend any teacher from the exercise of his duties in any educational establishment under their management; but such suspension shall not affect the teacher's rights to the salary or other emoluments attached to his office.

(4) Subsections (1) and (3) above shall apply in like manner as they apply to an education authority and registered teachers in their service to—

(a) the governing body of any school other than an independent school and the registered teachers employed therein; and

(b) the persons responsible for the management of an establishment or residential establishment within the meaning of the [1968 c. 49.] Social Work (Scotland) Act 1968 and the registered teachers employed therein in the provision of school education.

(5) Subsections (1) and (2) above shall apply to a certificated teacher employed in an institution providing any form of further education as they apply to a registered teacher, but this subsection shall cease to have effect on such date as the Secretary of State may appoint by an order made by statutory instrument.

(6) In subsection (5) above "certificated teacher" means a teacher holding or who is deemed to hold a certificate of competency issued in accordance with regulations made under the Education (Scotland) Acts 1872 to 1945 or under the Act of 1946 or the Act of 1962.

89 Age of retirement of teachers

(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 reemployment 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

(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 [1962 c. 47.] Education (Scotland) Act 1962, as originally enacted, and as re-enacted as section 2 by the [1969 c. 49.] Education (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.