Teaching Council (Scotland) Act 1965

Constitution of the Council

1 (1) Subject to the provisions of this Schedule the Council shall consist of 44 persons, comprising—

(a) 25 persons representing registered teachers (in this Schedule referred to as " elected members ");

(b) 15 persons (in this Schedule referred to as " appointed members ") appointed as follows:—

(i) two by the Association of County Councils in Scotland ;

(ii) two by the Scottish Counties of Cities Association ;

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

(iv) four by the universities of Scotland ;

(v) two by the governing bodies of the central institutions ;

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

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

(c) 4 persons (in this Schedule referred to as "nominated members ") nominated by the Secretary of State.

(2) The elected members shall comprise:—

(a) 5 registered teachers employed in colleges of education, including 4 (but not more than 4) principals ;

(b) 2 registered teachers employed in further education centres, including 1 (but not more than 1) principal;

(c) 9 registered teachers employed in secondary schools, including 5 (but not more than 5) head teachers ;

(d) 9 registered teachers employed in primary schools, including 5 (but not more than 5) head teachers.

(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 and to the central institutions shall be construed, in relation to any appointment, as references respectively to the universities of Scotland and the central institutions established at the time when the appointment falls to be made ; and—

(a) " employed " means employed on a whole-time basis; and

(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) a central institution, a college of education, a hostel used mainly by pupils attending central institutions or colleges of education, 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 [1946 c. 72.] Education (Scotland) Act 1946 or Part VI of the Act of 1962.

(4) The elected members who are principals of colleges of education shall be elected by the principals of those colleges.

(5) The elected members other than the principals of colleges of education shall, subject to paragraph 2 of this Schedule, be elected in accordance with the provisions of a scheme made under the next following sub-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 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.

(7) A scheme made under the last foregoing sub-paragraph may be modified or revoked by a subsequent scheme made by the Council under that sub-paragraph.

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

2 (1) In respect of the initial membership of the Council the foregoing paragraph shall have effect in relation to elected members as if any reference in that paragraph to registered teachers included a reference to certificated teachers, and as if sub-paragraphs (5) to (8) thereof were omitted ; and the elected members other than the principals of colleges of education shall be elected by certificated teachers, being teachers employed in educational establishments and in approved schools, in accordance with arrangements made by the Secretary of State.

(2) Arrangements made for the purposes of the foregoing sub-paragraph shall secure—

(a) that a teacher shall not be eligible to be elected unless he is, on such date as may be determined by or under the arrangements, employed in an educational establishment of one of the categories referred to in paragraph 1(2) of this Schedule ; and

(b) that each teacher shall be entitled to vote only in respect of an elected member employed in an educational establishment of the same category as that in which he himself is employed on that date ;

and shall provide for the determination by the Secretary of State of the category in which a teacher is employed.

3 (1) No person shall take office as a member of the Council (whether on election or re-election) after attaining the age of 70 years.

(2) No person shall be eligible for election or re-election if by virtue of this paragraph he would be prohibited from taking office in pursuance of that election or re-election ; but a person who attains the said age during a period of office in respect of which he has been duly elected or re-elected shall not thereby vacate office.

(3) The two last foregoing sub-paragraphs shall apply to appointment and nomination, and re-appointment and re-nomination, as they apply to election and re-election.

4 (1) Subject to paragraph 5(3) of this Schedule the period of office of members of the Council shall be four years.

(2) A member shall vacate office—

(a) on the expiration of his period of office ;

(b) on the taking effect of any notice of resignation given by him to the Council;

(c) on his estate being sequestrated or on his executing a trust deed for creditors,

whichever first occurs.

(3) Nothing in this paragraph shall prevent the election or re-election of a person who has ceased to be a member, or will have so ceased at or before the commencement of the term of office to which the election or re-election relates.

(4) The last foregoing sub-paragraph shall apply to appointment and nomination, and to re-appointment and re-nomination, as it applies to election and re-election.

5 (1) Where an elected member dies or vacates office before the expiration of his period of office the vacancy shall be filled by the person who, in the election of that member, obtained the second highest number of votes; whom failing, by the person who in that election obtained the next highest number of votes, and so on; and if no such person is available the Council shall fill the vacancy by co-opting such registered teacher or certificated teacher as they think fit, being a teacher of like electoral qualifications as the said member.

(2) Where an appointed or nominated member dies or vacates office before the expiration of his period of office the vacancy shall be filled by the appointment or, as the case may be, nomination of another person by the body, group of bodies or person who appointed or nominated the member who has died or vacated office.

(3) In relation to a member who takes office by virtue of this paragraph, paragraph 4 of this Schedule shall have effect as if, for the reference in sub-paragraph (1) thereof to four years, there v/ere substituted a reference to the unexpired part of the period of office of the member who has died or vacated office.

6 (1) The Secretary of State may, if owing to a change of circumstances he considers it expedient to do so, and after consultation with the Council and any other body or person who appears to him to be concerned, by order amend the foregoing provisions of this Part of this Schedule:

Provided that an order under this paragraph shall not reduce the proportion which the number of members of the Council who are elected members (other than principals of colleges of education) bears, under the said foregoing provisions, to the total number of members.

(2) An order under this paragraph may contain such consequential and ancillary provisions as the Secretary of State thinks necessary for the purposes of the order.