School Boards (Scotland) Act 1988 (repealed) (c. 47)

SCHEDULES

Section 11.

SCHEDULE 2 S Appointment of Headteachers, Deputies and Assistants

1 Where an education authority intend to fill a post, other than on an acting basis, of headteacher, deputy headteacher or assistant headteacher of a school, they shall—

(a) advertise the post in such publications circulating throughout Scotland as they consider appropriate; and

(b) if they decide to proceed further with the appointment, set up a committee (to be known as an “appointment committee”) for the purpose of considering a short leet of candidates provided by the education authority and making recommendations to the authority for the appointment of persons to fill posts in accordance with this Act.

2 Except where paragraph 4 below applies, an appointment committee shall consist—

(a) where the appointment of a headteacher is being considered, of equal numbers of persons nominated by the education authority (one of whose nominees shall be the chairman of the committee) and by the School Board;

(b) in any other case, of an equal number of persons nominated by the education authority and by the School Board; and the headteacher of the school, who shall be chairman of the committee,

but pupils of the school and members of the staff of the school other than the headteacher may not be members of an appointment committee.

3 Any vacancy occurring in the membership of an appointment committee (other than a vacancy resulting from lack of a headteacher, in whose absence an appointment committee to which paragraph 2(b) above applies may not be constituted or sit) shall be filled by a further nomination by the body which nominated the person whose place has become vacant.

4 S Where for any reason no School Board are for the time being established for a school, an appointment committee shall consist of persons nominated by the education authority, together with, where paragraph (2)(b) above applies, the headteacher of the school (who shall be the chairman).

Valid from 18/09/1996

[F1 4A (1) Subject to sub-paragraph (2) below, any reference in paragraphs 2 to 4 above to the headteacher of a school shall include a reference to any person appointed to act for the time being as the headteacher of that school if that person is not, himself, a candidate for the post. S

(2) Where an education authority has reasonable grounds for considering a person acting as headteacher would not be a suitable person to be a member of and chair a committee under this Schedule, the authority may exclude him from so acting.]

Textual Amendments

F1 Sch. 2 para. 4A inserted (18.9.1996) by 1996 c. 43, s. 31, Sch. 4 para. 9(c); S.I. 1996/2250, art.2

Valid from 18/09/1996

[F2 4B S Where it appears to an education authority that an appointment committee cannot be constituted as mentioned in paragraphs 2 to 4A above, the authority may, after consultation with the Board, constitute an appointment committee made up of equal numbers of persons nominated by the authority and the Board with such other person as appears to the authority to be suitable as chairman.]

Textual Amendments

F2 Sch. 2 para. 4B inserted (18.9.1996) by 1996 c. 43, s. 31, Sch. 4 para. 9(c); S.I. 1996/2250, art.2

Application of 1973 Act to appointment committees S

5 The M1 1973 Act shall apply to appointment committees as it applies to sub-committees of an education authority appointed under Schedule 10 to that Act, but—

(a) sections 56 and 57 of and Schedule 10 to that Act shall not apply to appointment committees;

[F3 (aa) in respect of the performance of his duties as a member of an appointment committee, a person—

(i) shall not, under or by virtue of that Act, be entitled to receive any allowance or expenses;

(ii) shall be entitled to receive under this sub-paragraph from the education authority such allowances and expenses as may be determined by the Secretary of State;]

(b) members of appointment committees shall not require to be members of the education authority; and

(c) nothing in that Act shall—

(i) enable functions of an appointment committee to be discharged by the education authority or by any other person or body;

(ii) enable the education authority to control the exercise of functions by an appointment committee; or

(iii) prevent an employee of the education authority being a member of an appointment committee.

Textual Amendments

F3 Sch. 2 para.5(aa) inserted (prosp.) by Self-Governing Schools etc. (Scotland) Act 1989 (c. 39, SIF 41:2), ss. 81(2), 82(1), Sch. 10 para. 10

Marginal Citations

M1 1973 c. 65.

Valid from 18/09/1996

[F4 Conflict of interest] S

Textual Amendments

F4 Sch. 2 para. 5A and the crossheading immediately preceeding it inserted (18.9.1996) by 1996 c. 43, s. 31, Sch. 4 para. 9(d); S.I. 1996/2250, art.2

[F5 5A (1) Subject to sub-paragraph (2) below, where, whether before or during any meeting of the appointment committee, any member of the appointment committee becomes aware that he or any person connected with him has (whether directly or indirectly) a material interest in or relating to any matter to be or being considered by the appointment committee, he shall declare such interest and withdraw from the meeting during such consideration and shall not vote on any question relating to the matter. S

(2) Nothing in sub-paragraph (1) above shall—

(a) require a member of the appointment committee to declare an interest or withdraw; or

(b) prohibit him from voting,

in relation to any matter where his interest exists by reason only of his being the headteacher of the school or a parent of a pupil in attendance at the school.

(3) Section 346(2) of the M2 Companies Act 1985 (meaning of “connected person”) shall apply for the purpose of determining whether a person is connected with a member of the appointment committee as it applies for the purpose of determining whether a person is connected with a director of a company; and for such purpose references in that section to a director of a company shall be construed as if they were references to such a member.

(4) The validity of any proceedings of the appointment committee shall not be affected by any failure to comply with this paragraph.]

Textual Amendments

F5 Sch. 2 para. 5A and the crossheading immediately preceeding it inserted (18.9.1996) by 1996 c. 43, s. 31, Sch. 4 para. 9(d); S.I. 1996/2250, art.2

Marginal Citations

M2 1985 c. 6.

Short leet S

6 S Subject to paragraphs 7 and 8 below, a short leet shall consist of not less than 3 persons who have applied for the post and are eligible for it (in terms of any requirements by or under any enactment relating to eligibility for the post or for the class of post).

7 Where there are fewer than 4 applicants who are eligible for the post, the education authority may, if they think fit, re-advertise.

8 Where the education authority do not re-advertise the post or where, following such re-advertisement, there are fewer than 4 applicants eligible for the post, the short leet shall consist of all those who have applied.

Appointment of headteacher, where School Board established S

9 In the case of the appointment of a headteacher of a school for which a School Board have been established the education authority shall submit the short leet to the School Board, and for the purposes of consideration of the short leet and of reaching any decision in accordance with paragraph 11 or 12 of this Schedule the Board shall meet without their staff or any pupil members.

10 For the purpose of enabling the Board to carry out their functions under paragraphs 9, 11 and 12 of this Schedule, the authority shall supply to the Board such information relating to the applicants for the post as—

(a) the authority have in their possession or can readily obtain; and

(b) the Board may reasonably request.

11 After considering the short leet, the Board may, except where paragraph 12 below applies, make such additions to and deletions from the leet as they think fit, but—

(a) they may not add to the leet the name of any person who has not applied or who is not eligible, in terms of paragraph 6 above, for the post; and

(b) they may not reduce the leet to less than 3 names,

and they shall thereafter send the leet to the appointment committee, who shall consider the leet and make their recommendation under paragraph 16 below.

12 Where the short leet consists of fewer than 4 names, the Board may not make any alterations thereto, but may submit comments to the appointment committee, who shall take those comments into consideration.

Appointments of deputy or assistant headteacher, or of headteacher where no School Board established S

13 In every other case the authority shall prepare the short leet (in the case of the appointment of a deputy or assistant headteacher, in consultation with the headteacher) and shall send the short leet to the appointment committee, who shall consider it and make their recommendation under paragraph 16 below.

Procedure of committee S

14 The appointment committee and (where appropriate) the School Board shall—

(a) inform the Director of Education in advance of any meeting to be held by either of them in connection with appointment to any post;

(b) consider any advice given by him or his nominee in relation to the appointment.

15 The Director of Education or any officer of the education authority nominated by him for the purpose shall—

(a) be entitled to attend any proceedings of the appointment committee or a School Board; and

(b) give the committee or, as the case may be, the Board such advice as he considers appropriate,

in relation to an appointment to which this Schedule applies.

16 S The appointment committee shall, unless they consider that no person on the short leet is suitable for the post, recommend one candidate for appointment.

17 S Where an appointment committee recommend the appointment of any person to a post to which this Schedule applies the education authority shall appoint that person accordingly, unless it appears to them that the candidate is not eligible for the post in which case they may refuse to appoint him.

18 S Where an education authority refuse, under paragraph 17 above, to appoint the person recommended by the appointment committee, the authority shall, if they intend to fill the post, undertake fresh procedure under paragraph 1 above.

19 It shall not be competent for a deputy or assistant headteacher to exercise any of the functions of a headteacher under this Schedule.