Education (Scotland) Act 1980

Pay and conditions of teaching staff employed in providing school education S

[F1 91 Committee to consider pay and conditions of teaching staff employed in providing school education. S

(1) There shall be a committee (in this section and in sections 92 and 93 of this Act referred to as “the committee”) the functions of which shall be—

(a) whenever so required by the Secretary of State, or (in the absence of such requirement) whenever it thinks fit, to consider; and

(b) whenever it thinks fit to formulate a settlement as to what shall be,

the remuneration payable to, and the terms and conditions of employment of, teaching staff employed by education authorities in Scotland in, or in connection with, the provision of school education.

(2) The Secretary of State may by order prescribe the maximum number of persons by whom, respectively, he, teaching staff and education authorities may be represented on the committee.

(3) Any order made under subsection (2) above may be varied or revoked by a subsequent order made by the Secretary of State.

(4) The committee shall itself determine the name by which it shall be known.]

Textual Amendments

F1 Ss. 91–97, 97A–97D substituted for ss. 91–97 by Education (Scotland) Act 1981 (c. 58), s. 14(1), Sch. 8

92 Composition of committee established under section 91. S

(1) Subject to any order made under section 91(2) of this Act, the Secretary of State may, for the purpose of setting up the committee, invite any body which appears to him to be representative of teaching staff or education authorities to nominate a person, or such number of persons as may be specified in the invitation, to membership of the committee; and the initial members of the committee shall be such persons as are so nominated together with such person or persons as the Secretary of State may first nominate, under subsection (3)(b) below, to represent him.

(2) At the request, or with the consent, of a member of the committee the body which nominated the member, or the Secretary of State where he nominated the member, may depute a person to attend a meeting of the committee, or of a sub-committee of the committee, in place of the member; and the person shall, for the purposes of that meeting—

(a) be deemed to be a member of the committee (or of the sub-committee as the case may be); and

(b) have the like powers and duties as the member in place of whom he has been deputed to attend.

(3) Subject to the provisions of this section and to any order made under section 91(2) of this Act—

(a) the members of the committee for the time being representing—

(i) teaching staff may from time to time, if a majority of those members so agree, invite a body (whether or not a body by which one or more of those members was nominated) which appears to them to be representative of teaching staff;

(ii) education authorities may from time to time, if a majority of those members so agree, invite a body (whether or not a body by which one or more of those members was nominated) which appears to them to be representative of education authorities,

to nominate a person to membership of the committee;

(b) the Secretary of State may from time to time nominate a person or persons to membership of the committee to represent him;

(c) a body which has by virtue of subsection (1) above, or paragraph (a) of this subsection, or under this paragraph of this subsection, nominated a person to membership of the committee may if and when, for any reason other than a determination under subsection (6) below, that person ceases to be a member of the committee nominate a person to membership of the committee in place of that former member;

and any person so nominated shall thereby be a member of the committee.

(4) A nomination shall not be invited under subsection (3)(a) above unless and until such invitation is approved by the Secretary of State.

(5) At any time, a nomination made—

(a) under paragraph (b) of subsection (3) above may be revoked by the Secretary of State;

(b) by virtue of subsection (1), or paragraph (a) of subsection (3), above or under paragraph (c) of the said subsection (3) may be revoked by the body which made that nomination;

and a person whose nomination is so revoked shall thereby cease to be a member of the committee.

(6) Where a maximum prescribed under section 91(2) of this Act would otherwise be exceeded, the members inviting a nomination under subsection (3)(a) above may, if the Secretary of State and a majority of those members so agree, determine that one of them, whom they shall specify in the determination, shall on the making of the nomination cease to be a member of the committee.

93 Publication of settlements and awards in relation to teaching staff employed in providing school education. S

(1) As soon as practicable after—

(a) the committee has, in the exercise of its functions under section 91(1) of this Act, formulated a settlement; or

(b) the coming into effect of an award which, under section 97B(8) or (9) of this Act, is to have the same effect as a settlement formulated by the committee,

the committee shall—

(i) publish; and

(ii) transmit to the Secretary of State and to each education authority in Scotland a published copy of,

the settlement or, as the case may be, award.

(2) The committee shall, from time to time, publish a consolidated collection of all the settlements and awards which it has published under subsection (1) above, and which are currently in force; and it shall transmit a copy of that collection to the Secretary of State and to each education authority in Scotland.

94—96. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2 S

Textual Amendments

F2 Ss. 94–97 repealed by Self-Governing Schools etc. (Scotland) Act 1989 (c. 39, SIF 41:2), ss. 67(1), 82(2), Sch. 11 and ss. 94-97 expressed to be repealed (23.3.2001) by 2000 asp 6, s. 55(1); S.S.I. 2001/102, art. 2