Teaching Council (Scotland) Act 1965 (repealed)

1 (1) Subject to the provisions of this Schedule the Council shall consist of [F1 49] persons, comprising— S

(a) [F2 twenty-six] persons representing registered teachers (in this Schedule referred to as “elected members”);

(b) [F3 eighteen] persons (in this Schedule referred to as “appointed members”) appointed as follows:—

[F4 (i) [F5 three] by the Convention of Scottish Local Authorities;]

(iii) three by the Association of Directors of Education in Scotland;

[F6 (iv) one by the boards of management of colleges of further education;

(v) one by the Scottish Council of Independent Schools;

(vi) four by the governing bodies of relevant institutions;

(vii) three by the universities of Scotland and by the governing bodies of other institutions in the higher education sector (other than relevant institutions);

(viii) one by the Education Committee of the General Assembly of the Church of Scotland;

(ix) one by the Scottish Hierarchy of the Roman Catholic Church; and

(x) one by the Association of Directors of Social Work in Scotland;]

[F7 (c) six persons (in this Schedule referred to as “ nominated members ”) nominated by the Scottish Ministers. ]

[F8 (2) The twenty-six elected members shall be registered teachers and shall comprise—

(a) four employed as headteachers in primary schools or nursery schools;

(b) seven employed in primary schools or nursery schools other than as headteachers;

(c) three employed as headteachers in secondary schools;

(d) eight employed in secondary schools other than as headteachers;

(e) one employed as a teacher of pre-school children elsewhere than in a primary school or nursery school (“ pre-school children ” having the meaning given by section 58(1) of the Standards in Scotland’s Schools etc. Act 2000 (asp 6));

(f) two employed in further education centres; and

(g) one employed in a relevant institution.]

(3) In the foregoing provisions of this paragraph references to primary schools and to secondary schools include respectively references to primary departments and secondary departments of schools having departments of different grades; references to the universities of Scotland [F9 , [F10 relevant institutions][F11 , institutions in the higher education sector and colleges of further education shall be construed, in relation to any appointment, as references to the universities of Scotland, such institutions or, as the case may be, such colleges of further education established at the time the appointment falls to be made;]]; and—

[F12 (a) a reference to a person “ employed ” is to a person who, as at such date as may be prescribed by the Council in the scheme made under sub-paragraph (6) below, is employed full-time in the position in question or who, in the period of twelve months which ends with that date, has been employed in that position for not less than one-fifth of the hours which would have fallen to be worked had the employment been full-time; ]

(b) “further education centre” means an institution for the provision of further education but does not include—

(i) a university, a theological college or a hostel or other residence used exclusively by students attending university or theological college, or

(ii) [F13 a designated institution within the meaning of Part II of the Further and Higher Education (Scotland) Act 1992,]a central institution, a [F14 relevant institution], a hostel used mainly by pupils attending [F13 designated institutions,]central institutions or [F14 relevant institutions], or, unless the Secretary of State otherwise directs, a residential institution conducted under a scheme under the Educational Endowments (Scotland) Acts 1928 to 1935 or Part VI of the M1 Education (Scotland) Act 1946 or Part VI of the Act of 1962.

F15 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) The elected members F16 . . . shall, subject to paragraph 2 of this Schedule, be elected in accordance with the provisions of a scheme made under [F17 this paragraph].

(6) For the purpose of the last foregoing sub-paragraph the Council shall, within two years of their establishment, make a scheme, which shall include provision for—

(a) the appointment of a returning officer and of such staff as may be necessary;

(b) the making up [F18 , subject to sub-paragraph (6A) below,] of a roll of electors consisting of all registered teachers whether in employment as such or not, showing the category of elected member for which each registered teacher is entitled to vote;

(c) the giving of notice of the holding of an election;

(d) the nomination of candidates;

(e) any other matter necessary for the holding of the elections.

[F19 (6A) The roll of electors made up as provided for in a scheme made under this paragraph shall show that, in respect of the category of elected members which comprises persons employed as is mentioned in—

(a) head (a) of sub-paragraph (2) above, only persons so employed;

(b) head (c) of that sub-paragraph, only persons so employed,

are entitled to vote.]

(7) A scheme made under [F20 this paragraph] may be modified or revoked by a subsequent scheme made by the Council under [F20 this paragraph].

(8) A scheme made under this paragraph shall not come into force until approved by the Secretary of State by order.

[F21 (9) In nominating members of the Council under sub-paragraph (1)(c) above, the Scottish Ministers shall—

(a) ensure that at least one nominee represents the interests of parents of pupils;

(b) ensure that at least one nominee is engaged in, or represents the interests of persons engaged in, commerce or industry;

(c) ensure that at least one nominee is engaged in, or represents the interests of persons engaged in, the teaching of children or young persons [F22 having additional support needs within the meaning of the Education (Additional Support for Learning) (Scotland) Act 2004 (asp 4) ]; and

(d) have regard to the desirability of the membership of the Council reflecting the interests of the public.]

Textual Amendments

F1 Words substituted by S.I. 1970/523, art. 3(a)

F2 Word in Sch. 1 Pt. I para. 1(1)(a) substituted (13.10.2000 for certain purposes and otherwise 1.11.2001) by 2000 asp 6, s. 46(2)(a)(i); S.S.I. 2000/361, art. 3, Sch. (subject to transitional provisions in art. 4)

F3 Word in Sch. 1 Pt. I para. 1(1)(b) substituted (13.10.2000 for certain purposes and otherwise 1.11.2001) by 2000 asp 6, s. 46(2)(a)(ii); S.S.I. 2000/361, art. 3, Sch. (subject to transitional provisions in art. 4)

F4 Para. 1(1)(b)(i) substituted for items (i) and (ii) by Local Government (Scotland) Act 1975 (c. 30),Sch. 6 Pt. II para. 29(a)

F5 Word in Sch. 1 para. 1(1)(b)(i) substituted (28.2.1997) by S.I. 1997/207, art. 2(a)

F6 Sch. 1 Pt. I para. 1(1)(b)(iv)-(x) substituted for para. 1(1)(b)(iv)-(viii) (13.10.2000 for certain purposes and otherwise 1.11.2001) by 2000 asp 6, s. 46(2)(a)(ii); S.S.I. 2000/361, art. 3, Sch. (subject to transitional provisions in art. 4)

F7 Sch. 1 Pt. I para. 1(1)(c) substituted (13.10.2000 for certain purposes and otherwise 1.11.2001) by 2000 asp 6, s. 46(2)(a)(iii); S.S.I. 2000/361, art. 3, Sch. (subject to transitional provisions in art. 4)

F8 Sch. 1 Pt. I para. 1(2) substituted (13.10.2000 for certain purposes and otherwise 1.11.2001) by 2000 asp 6, s. 46(2)(b); S.S.I. 2000/361, art. 3, Sch. (subject to transitional provisions in art. 4)

F9 Words in Sch. 1 para. 1(3) substituted (16.5.1992) by Further and Higher Education (Scotland) Act 1992 (c. 37), s. 62(2), Sch. 9 para. 1(5)(b); S.I. 1992/817, art. 3(2), Sch. 1.

F10 Words in Sch. 1 Pt. I para. 1(3) substituted (13.10.2000 for certain purposes and otherwise 1.11.2001) by 2000 asp 6, s. 46(2)(c)(i); S.S.I. 2000/361, art. 3, Sch. (subjec to transitional provisions in art. 4)

F11 Words in Sch. 1 para. 1(3) substituted (28.2.1997) by S.I. 1997/207, art. 2(c)

F12 Sch. 1 Pt. I para. 1(3)(a) substituted (13.10.2000 for certain purposes and otherwise 1.11.2001) by 2000 asp 6, s. 46(2)(c)(ii); S.S.I. 2000/361, art. 3, Sch. (subject to transitional provisions in art. 4)

F13 Words in Sch. 1 para. 1(3)(b)(ii) inserted (16.5.1992) by Further and Higher Education (Scotland) Act 1992 (c. 37), s. 62(2), Sch. 9 para. 1(5)(c)(i)(ii); S.I. 1992/817, art. 3(2), Sch. 1.

F14 Words in Sch. 1 para. 1 substituted (16.5.1992) by Further and Higher Education (Scotland) Act 1992 (c. 37), s. 62(2), Sch. 9 para. 1(2); S.I. 1992/817, art. 3(2), Sch. 1.

F15 Sch. 1 Pt. I para. 1(4) repealed (13.10.2000 for certain purposes and otherwise 1.11.2001) by 2000 asp 6, s. 46(2)(d); S.S.I. 2000/361, art. 3, Sch. (subject to transitional provisions in art. 4)

F16 Words in Sch. 1 Pt. I para. 1(5) repealed (13.10.2000 for certain purposes and otherwise 1.11.2001) by 2000 asp 6, s. 46(2)(e)(i); S.S.I. 2000/361, art. 3, Sch. (subject to transitional provisions in art. 4)

F17 Words in Sch. 1 Pt. I para. 1(5) substituted (13.10.2000 for certain purposes and otherwise 1.11.2001) by 2000 asp 6, s. 46(2)(e)(ii); S.S.I. 2000/361, art. 3, Sch. (subject to transitional provisions in art. 4)

F18 Words in Sch. 1 Pt. I para. 1(6)(b) inserted (13.10.2000 for certain purposes and otherwise 1.11.2001) by 2000 asp 6, s. 46(2)(f); S.S.I. 2000/361, art. 3, Sch. (subject to transitional provisions in art. 4)

F19 Sch. 1 Pt. I para. 1(6A) inserted (13.10.2000 for certain purposes and otherwise 1.11.2001) by 2000 asp 6, s. 46(2)(g); S.S.I. 2000/361, art. 3, Sch. (subject to transitional provisions in art. 4)

F20 Words in Sch. 1 Pt. I para. 1(7) substituted (13.10.2000 for certain purposes and otherwise 1.11.2001) by 2000 asp 6, s. 46(2)(h); S.S.I. 2000/361, art. 3, Sch. (subject to transitional provisions in art. 4)

F21 Sch. Pt. I para. 1(9) substituted (13.10.2000 for certain purposes and otherwise 1.11.2001) by 2000 asp 6, s. 46(2)(i); S.S.I. 2000/361, art. 3, Sch. (subject to transitional provisions in art. 4)

F22 Words in Sch. 1 para. 1(9)(c) substituted (14.11.2005) by Education (Additional Support for Learning) (Scotland) Act 2004 (asp 4), s. 35(1), Sch. 3 para. 1; S.S.I. 2005/564, art. 2

Marginal Citations

M1 1946 c. 72.