Education (Scotland) Act 1980

88 Dismissal of teachers

(1) No resolution of an education authority for the dismissal from their, service of a registered teacher other than a teacher who has completed forty-five years of reckonable service or of reckonable service and comparable British service within the meaning of the teachers' superannuation regulations shall be valid unless—

(a) written notice of the motion for his dismissal shall,

not less than three weeks before the meeting at which the resolution is adopted, have been sent to the teacher and to each member of the education authority; and

(b) not less than one half of the members of the education authority are present at the meeting; and

(c) the resolution is agreed to by two-thirds of the members so present.

(2) Where an education authority arrange for the exercise by their education committee of the power of dismissing a registered teacher from their service, the provisions of subsection (1) above shall apply with the substitution of the education committee for the education authority.

(3) Notwithstanding anything in this Act, an education authority may summarily suspend any teacher from the exercise of his duties in any educational establishment under their management; but such suspension shall not affect the teacher's rights to the salary or other emoluments attached to his office.

(4) Subsections (1) and (3) above shall apply in like manner as they apply to an education authority and registered teachers in their service to—

(a) the governing body of any school other than an independent school and the registered teachers employed therein; and

(b) the persons responsible for the management of an establishment or residential establishment within the meaning of the [1968 c. 49.] Social Work (Scotland) Act 1968 and the registered teachers employed therein in the provision of school education.

(5) Subsections (1) and (2) above shall apply to a certificated teacher employed in an institution providing any form of further education as they apply to a registered teacher, but this subsection shall cease to have effect on such date as the Secretary of State may appoint by an order made by statutory instrument.

(6) In subsection (5) above "certificated teacher" means a teacher holding or who is deemed to hold a certificate of competency issued in accordance with regulations made under the Education (Scotland) Acts 1872 to 1945 or under the Act of 1946 or the Act of 1962.