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.
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)
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.
Textual Amendments
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F3S. 89 repealed (1.10.2006) by Employment Equality (Age) Regulations 2006 (S.I. 2006/1031), reg. 1(1), Sch. 9 (with regs. 44-46)
(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the power of the Secretary of State to make regulations under section 1(2) of the M1Education (Scotland) Act 1962, as originally enacted, and as re-enacted as section 2 by the M2Education (Scotland) Act 1969 shall be deemed always to have included power on and after 1st November 1965 to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.
Textual Amendments
F4Ss. 91-97D repealed (23.3.2001) by 2000 asp 6, s. 55(1); S.S.I. 2001/102, art. 2
Textual Amendments
F5Ss. 91-97D repealed (23.3.2001) by 2000 asp 6, s. 55(1); S.S.I. 2001/102, art. 2
Textual Amendments
F6Ss. 91-97D repealed (23.3.2001) by 2000 asp 6, s. 55(1); S.S.I. 2001/102, art. 2
Textual Amendments
F7Ss. 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
Textual Amendments
F8Ss. 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
Textual Amendments
F9Ss. 91-97D repealed (23.3.2001) by 2000 asp 6, s. 55(1); S.S.I. 2001/102, art. 2
Textual Amendments
F10Ss. 91-97D repealed (23.3.2001) by 2000 asp 6, s. 55(1); S.S.I. 2001/102, art. 2
Textual Amendments
F11Ss. 91-97D repealed (23.3.2001) by 2000 asp 6, s. 55(1); S.S.I. 2001/102, art. 2
Textual Amendments
F12Ss. 91-97D repealed (23.3.2001) by 2000 asp 6, s. 55(1); S.S.I. 2001/102, art. 2