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.]

Textual Amendments

F1Ss. 87A, 87B inserted by Self-Governing Schools etc. (Scotland) Act 1989 (c. 39, SIF 41:2), s. 74

Modifications etc. (not altering text)

C1S. 87A modified (11.2.2003) by Local Government in Scotland Act 2003 (asp 1), ss. 50, 62(2)

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

Textual Amendments

F2S. 88 repealed by Self-Governing Schools etc. (Scotland) Act 1989 (c. 39, SIF 41:2), ss. 75, 82(2), Sch. 11

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.

Modifications etc. (not altering text)

C2S. 89 extended by Self-Governing Schools etc. (Scotland) Act 1989 (c. 39, SIF 41:2), s. 23(2)

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.

Marginal Citations

M11962 c. 47.

M21969 c. 49.