Education (Scotland) Act 1980

Provisions common to the two committees S

97 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1 S

Textual Amendments

F1 Ss. 94–97 repealed by Self-Governing Schools etc. (Scotland) Act 1989 (c. 39, SIF 41:2), ss. 67(1), 82(2), Sch. 11 and ss. 94-97 expressed to be repealed (23.3.2001) by 2000 asp 6, s. 55(1); S.S.I. 2001/102, art. 2

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formulation) as from which the settlement shall have effect; and the settlement shall remain in effect unless and until superseded by a subsequent such settlement;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) [F2 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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3

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—

[F4 (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

[F5 (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

F2 Words substituted by Self-Governing Schools etc. (Scotland) Act 1989 (c. 39, SIF 41:2), s. 82(1), Sch. 10 para. 8(19)(a)

F3 S. 97A(2)(b) repealed by Self-Governing Schools etc. (Scotland) Act 1989 (c. 39, SIF 41:2), s. 82(2), Sch. 11

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

F5 “(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.

97B Provision for arbitration. S

(1) The Secretary of State shall make arrangements whereby, in such circumstances and subject to such exceptions as may be provided by the arrangements, matters in respect of which the committee has failed to reach agreement or to formulate a settlement may be referred to arbitration in such manner as may be so provided.

(2) Before making any arrangements under subsection (1) above in relation to the committee, the Secretary of State shall consult the bodies referred to in section 92(1) F6 of this Act.

(3) Any such arrangements may include provision for the appointment of arbiters by the Advisory, Conciliation and Arbitration Service for the purposes of any reference under this section.

(4) The Secretary of State may vary or revoke any arrangements made by him under subsection (1) above by new arrangements which shall be subject to subsection (2) above.

(5) The award of an arbiter in relation to any referral, in pursuance of arrangements under subsection (1) above, in respect of a failure to formulate a settlement shall—

(a) be intimated forthwith to the Secretary of State by the committee; and

(b) specify the date (which may be a date prior to the award) as from which the provisions of the award should have effect.

(6) Within 21 days of receiving, under subsection (5)(a) above, intimation of an award the Secretary of State shall inform the committee either—

(a) that he accepts the award; or

(b) that he does not accept the award;

and where he so informs the committee that he does not accept the award he may within 35 days of receiving the said intimation make an order preventing the award from having effect.

(7) Any order under subsection (6) above shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(8) Where the Secretary of State has made an order under subsection (6) above he shall, after consultation with the committee, determine what changes (if any) in the remuneration of teaching staff as it then exists are appropriate in the circumstances, and such determination shall have effect as if it were a settlement formulated by the committee and sections 97A and 97D of this Act shall be construed accordingly.

(9) Where in respect of an award the Secretary of State—

(a) informs the committee, under subsection (6)(a) above, that he accepts the award;

(b) does not so inform the committee but does not make an order under subsection (6) above; or

(c) makes an order under subsection (6) above but either House resolves, within the period specified in section 5(1) of the M3 Statutory Instruments Act 1946, that an Address be presented to Her Majesty praying that the instrument laid before Parliament be annulled,

the award shall have the same effect, as from the date which under subsection (5)(b) above it specifies, as a settlement formulated by the committee; and sections 97A and 97D of this Act shall be construed accordingly.

(10) Subsections (1) to (4) above shall not apply in respect of any matter relating to procedure only.

Textual Amendments

F6 Words repealed by Self-Governing Schools etc. (Scotland) Act 1989 (c. 39, SIF 41:2), s. 82(2), Sch. 11

Marginal Citations

M3 1946 c. 36.

97C Interpretation of sections 91 to 97B. S

In sections 91 to 97B of this Act, unless the context otherwise requires—

(a) “teaching staff” means such teachers and such other persons as the Secretary of State, after consultation—

F7 with the committee; F7

(ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F8

may [F9 from time to time] by order determine [F10 and the provisions of those sections shall accordingly not apply in relation to such teachers or other persons employed by education authorities in Scotland in, or in connection with, the provision of school education as are excluded from the definition of “teaching staff” by such an order;] and

(b) “terms and conditions of employment” does not include—

(i) pensions, gratuities or allowances payable on retirement or death;

(ii) compensation for loss of office or employment or for loss or diminution of emoluments; or

(iii) provision for such benefits.

Textual Amendments

F7 Words “(i)” and “or” repealed by Self-Governing Schools etc. (Scotland) Act 1989 (c. 39, SIF 41:2), s. 82(1)(2), Sch. 10 para. 8(20)(a), Sch. 11

F8 S. 97C (a)(ii) repealed by Self-Governing Schools etc. (Scotland) Act 1989 (c. 39, SIF 41:2), s. 82(1)(2), Sch. 10 para. 8(20)(a), Sch. 11

F9 Words inserted by Self-Governing Schools etc. (Scotland) Act 1989 (c. 39, SIF 41:2), s. 82(1), Sch. 10 para. 8(20)(b)

F10 Words inserted by Self-Governing Schools etc. (Scotland) Act 1989 (c. 39, SIF 41:2), s. 82(1), Sch. 10 para. 8(20)(c)

97D Remuneration of teaching staff: transitional provisions. S

Any order made under section 92 of this Act (as originally enacted and not as substituted by the M4 Education (Scotland) Act 1981) or that section as applied by section 94 of this Act (as so enacted and not as so substituted) prior to the commencement of this section and presently in force shall remain in force unless and until the scales and other provisions set out in the memorandum referred to in that order are superseded by the provisions of a settlement formulated under this Act.

Marginal Citations

M4 1981 c. 58.