Education (Scotland) Act 1980

97A Effect of settlement. S

(1) A settlement formulated by the committee shall specify the date (which may be a date prior to the said formulation) as from which the settlement shall have effect; and the settlement shall remain in effect unless and until superseded by a subsequent such settlement;

Provided that nothing in sections 91 to 97D of this Act shall authorise the retrospective—

(i)

reduction of the remuneration of a member of teaching staff; or

(ii)

alteration of the terms and conditions of employment of such a member if that alteration would be to his detriment.

(2) [F1 Where a settlement has been formulated by the committee], every education authority shall give effect to the settlement in so far as it relates to any member of the teaching staff employed by the authority in the provision of school education;

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2

and, without prejudice to subsections (4) and (5) of section 18 of the M1 Trade Union and Labour Relations Act 1974 (which make provision in relation to the right of workers to engage in industrial action), while the settlment is in effect—

[F3 (a)] the provisions of the settlement shall be deemed to be incorporated in any contract of employment which that member has or may enter into with the employing authority or body; and

[F4 (b)] that contract shall have effect only in so far as consistent with those provisions.

(3) Subsections (1) to (3) of section 18 of the said Act of 1974 (which relate to the enforceability of collective agreements) shall not apply to a settlement formulated by the committee.

(4) The remuneration payable to, and the terms and conditions of employment of, any person to whom this subsection applies may, subject to the provisions of any other enactment and to that person’s contract of employment, be such as his employer thinks fit.

(5) Subsection (4) above applies to teaching staff in relation to whom there is in effect neither a settlement formulated under the provisions of this Act nor an order made prior to the commencement of this section under section 92 of this Act (as originally enacted and not as substituted by the M2 Education (Scotland) Act 1981) or that section as applied by section 94 of this Act (as so enacted and not as so substituted).

Textual Amendments

F1 Words substituted by Self-Governing Schools etc. (Scotland) Act 1989 (c. 39, SIF 41:2), s. 82(1), Sch. 10 para. 8(19)(a)

F2 S. 97A(2)(b) repealed by Self-Governing Schools etc. (Scotland) Act 1989 (c. 39, SIF 41:2), s. 82(2), Sch. 11

F3 “(a)” substituted by Self-Governing Schools etc. (Scotland) Act 1989 (c.39, SIF 41:2), s. 82(1), Sch. 10 para. 8(19)(b)

F4 “(b)” substituted by Self-Governing Schools etc. (Scotland) Act 1989 (c.39, SIF 41:2), s. 82(1), Sch. 10 para. 8(19)(c)

Marginal Citations

M1 1974 c. 52.

M2 1981 c. 58.