Education Act 2002

Section 119

SCHEDULE 11 E+W School Teachers’ Review Body

Membership E+W

1 There shall be not less than five or more than nine members of the Body (including the chairman).

2 E+W A member shall hold and vacate office in accordance with the terms of his appointment (subject to the following provisions of this Schedule).

3 E+W A member may resign by notice in writing to the Secretary of State.

4 E+W The Secretary of State may by notice in writing dismiss a member if the member—

(a) is [F1 made] bankrupt [F2 or has a debt relief order made in respect of him (under Part 7A of the Insolvency Act 1986)],

(b) enters into an arrangement with his creditors, or

(c) is, in the opinion of the Secretary of State, unable, unfit or unwilling to perform his duties whether by reason of physical or mental illness or otherwise.

Textual Amendments

F1 Word in Sch. 11 para. 4(a) substituted (6.4.2016) by The Enterprise and Regulatory Reform Act 2013 (Consequential Amendments) (Bankruptcy) and the Small Business, Enterprise and Employment Act 2015 (Consequential Amendments) Regulations 2016 (S.I. 2016/481), reg. 1, Sch. 1 para. 18

F2 Words in Sch. 11 para. 4(a) inserted (1.10.2012) by The Tribunals, Courts and Enforcement Act 2007 (Consequential Amendments) Order 2012 (S.I. 2012/2404), art. 1, Sch. 2 para. 47 (with art. 5)

5 E+W In Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975 (c. 24) (disqualifying offices) for the entry relating to the body established under the School Teachers’ Pay and Conditions Act 1991 (c. 49) there shall be substituted the following—

“Member, in receipt of remuneration, of the School Teachers’ Review Body.”

Chairman E+W

6 The chairman may by notice in writing to the Prime Minister—

(a) resign as chairman, or

(b) resign as chairman and as a member of the Body.

7 E+W Paragraph 4 shall apply to the chairman and for that purpose—

(a) a reference to the Secretary of State shall be taken as a reference to the Prime Minister, and

(b) the power may be exercised so as to dismiss the chairman only from that office or also from membership of the Body.

8 E+W If the chairman ceases to be a member of the Body he also ceases to be chairman.

Deputy Chairman E+W

9 The Secretary of State may appoint a member of the Body to act as deputy chairman.

10 E+W The deputy chairman may by notice in writing to the Secretary of State—

(a) resign as deputy chairman, or

(b) resign as deputy chairman and as a member of the Body.

11 E+W If the deputy chairman ceases to be a member of the Body he also ceases to be deputy chairman.

Money E+W

12 (1) This paragraph applies to—

(a) a member of the Body;

(b) the chairman;

(c) the deputy chairman.

(2) The Secretary of State may pay remuneration and allowances to a person to whom this paragraph applies.

(3) The Secretary of State may make payments to or in respect of a person to whom this paragraph applies by way of or in connection with—

(a) a pension;

(b) an allowance or gratuity on retirement or death.

(4) The Secretary of State may pay compensation to a person who ceases to be a member of the Body if the Secretary of State thinks it right by reason of special circumstances.

Proceedings E+W

13 The Body shall determine their own proceedings (including any provision for a quorum).

14 E+W The validity of proceedings of the Body shall not be affected by—

(a) a vacancy in the membership,

(b) a vacancy in the position of chairman, or

(c) a defect in the appointment of a member.

Transitional provision E+W

15 An appointment made by the Prime Minister under section 1(1) of the School Teachers’ Pay and Conditions Act 1991 (c. 49) shall continue to have effect, subject to paragraphs 3, 4 and 6 to 11, after the commencement of this Schedule.