Education (Scotland) Act 1981

Section 14.

SCHEDULE 5 (to be Inserted in the Principal Act as Schedule 1B) - Remuneration of Teaching Staff : The Committee

Procedure

1 The committee may, from time to time—

(a) appoint from among its own members, a sub-committee—

(i) to discharge such of the functions of the committee as the committee may specify ; or

(ii) to advise the committee on any matter relating to the discharge of the functions of the committee:

Provided that any person so appointed shall, upon ceasing to be a member of the committee, cease also to be a member of the sub-committee ;

(b) appoint a chairman from among its own members and revoke the appointment of his predecessor, if any;

(c) subject to the provisions of this Act, make, vary or revoke standing orders—

(i) regulating the quorum, procedure and place of meeting of the committee or of any of its sub-committees ; or

(ii) regulating the manner in which any dispute relating to procedure, or the interpretation of standing orders made under this sub-paragraph or the following paragraph, is to be resolved ;

but subject to any such standing orders and to the provisions of this Act the quorum, procedure and place of meeting of the committee or of any of its sub-committees shall be such as the committee, or in respect of itself the subcommittee, may determine.

2 Subject to any standing orders made under paragraph 1(c) above by the committee, a sub-committee appointed under paragraph 1(a) above may from time to time do anything in respect of itself that the committee may, under paragraph 1(b) or (c)(i) above, do in respect of the committee ; but the power which the committee has under paragraph 1(c) above to vary or revoke standing orders shall include the power to vary or revoke standing orders made by any of its sub-committees.

General powers

3 Subject to the provisions of this Act, the committee or any of its sub-committees shall have power to do anything (whether or not involving the expenditure or borrowing of money) which is calculated to facilitate, or is conducive or incidental to, the discharge of any of its functions.

4 Without prejudice to the generality of paragraph 3 above, the powers conferred by that paragraph shall, in relation to the committee, include the power to—

(a) employ servants or agents ;

(b) acquire or dispose of any property or rights ;

(c) sell, at such price as the committee may consider appropriate, to any person or body anything published, under the provisions of sections 91 to 97D of this Act, by the committee ;

Provided that nothing in this sub-paragraph shall authorise any charge to be made in respect of any copy the transmission of which is required under the said provisions ; and

(d) make provision for the resolution of any dispute between teaching staff and their employers as to the meaning or application of—

(i) any settlement which the committee may formulate ; or

(ii) any award which under section 97B(8) or (9) of this Act has the same effect as such a settlement,

and shall, in relation to any sub-committee of the committee, include the powers mentioned in sub-paragraph (d) of this paragraph.

Recovery of expenditure

5 Expenditure incurred by the committee shall be recoverable so far as possible from income received by the committee in the exercise of the power specified in paragraph 4(c) of this Schedule.

6 In so far as such expenditure is not defrayed from income received as aforesaid, it shall be recoverable in such manner and in such proportions as the committee may determine from the bodies, other than the Secretary of State, which nominated the persons who are for the time being the members of the committee.