Self-Governing Schools etc. (Scotland) Act 1989

24 Effect of pending procedure for acquisition of self-governing status on appointment etc. of staff. S

(1) Subject to section 14(2) of this Act, an education authority who have received from a school board written notice under subsection (6) of section 13 of this Act, either of a first resolution or of a request, shall not, until one of the conditions specified in subsection (2) below is satisfied as regards the school—

(a) appoint any person to fill a vacancy in a post (whether teaching or non-teaching) at, or which involves his working solely at, the school;

(b) dismiss any person who is employed in such a post;

(c) alter, or agree to alter, the terms and conditions of employment of any person who is employed in such a post where the like alteration is not made or agreed as respects all other persons employed by them (whether or not at the school) in the same category of post; or

(d) withdraw any person from work at the school (otherwise than by dismissing him),

without the board’s consent; and the obtaining of such consent shall be in addition to any requirement imposed by section 11 of and Schedule 2 to the 1988 Act.

(2) The conditions mentioned in subsection (1) above are that—

(a) in a case where the notice received was of a first resolution, forty-six days have passed since the date of that resolution without the education authority having received written notice, under subsection (6) of section 13 of this Act, of a second resolution;

(b) the result of a ballot held in accordance with section 14 of this Act is not as is mentioned in subsection (1) of section 16 of this Act and two weeks have thereafter passed without the Secretary of State having declared the ballot void under section 15 of this Act; or

(c) proposals published in accordance with subsection (2) of the said section 16 are either rejected by the Secretary of State or are withdrawn without a requirement being imposed under section 18(2) of this Act.