Teaching Council (Scotland) Act 1965 (repealed)

SCHEDULES

Section 1.

SCHEDULE 1 S The Council

PART I S

Constitution of the Council S

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.

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 [F23 relevant institutions] 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. S

(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.

Textual Amendments

F23 Words in Sch. 1 para. 2 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.

F24 3 S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F24 Sch. 1 Pt. I para. 3 repealed (13.10.2000) by 2000 asp 6, s. 46(3); S.S.I. 2000/361, art. 3(1), Sch. Pt. I (subject to transitional provisions in art. 4)

4 (1) Subject to [F25 paragraphs 5(3) and 5A] of this Schedule the period of office of members of the Council shall be four years [F26 save that in respect of the initial membership of the Council the period of office shall be][F27 five years]. S

(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;

[F28 (d) where, being an elected member—

(i) employed otherwise than as mentioned in head (e) of paragraph 2(2) above, he ceases to be employed in the category of educational establishment in respect of which he was elected; or

(ii) employed as mentioned in that head, he ceases to be so employed; or

(e) where, being an elected member who is employed part-time, he has, as at any anniversary of his election, not been employed as a teacher, in the period of twelve months which ends with that anniversary, for one-fifth of, or more than one-fifth of, the hours which would have fallen to be worked had the employment been full-time,]

whichever first occurs.

[F29 (2A) For the purposes of sub-paragraph (2)(e) above, an elected member who is employed part-time shall in each year, on or immediately before the anniversary of his election, provide the Council with evidence, in such form as they may require, as to the hours which he has worked during the period mentioned in that sub-paragraph.]

(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.

[F30 4A. Where a member of the Council or of any committee of the Council has failed without good cause to attend meetings for a period of at least 6 months and to attend 3 consecutive meetings, the Council may, by a vote taken at a meeting of the Council at which the member has been given an opportunity to be heard, remove him from the Council.]

Textual Amendments

F25 Words substituted by Local Government (Scotland) Act 1975 (c. 30), Sch. 6 Pt. II para. 29(b)

F26 Words added by S.I. 1969/586, art. 2(a)

F27 Words substituted by S.I. 1970/523, art. 3(c)

F28 Sch. 1 Pt. I para. 4(2)(d)(e) substituted for para. 4(2)(d) (1.11.2001) by 2000 asp 6, s. 46(4)(a); S.S.I. 2000/361, art. 3(2), Sch. Pt. II (subject to transitional provisions in art. 4)

F29 Sch. 1 Pt. I para. 4(2A) added (1.11.2001) by 2000 asp 6, s. 46(4)(b); S.S.I. 2000/361, art. 3(2), Sch. Pt. II (subject to transitional provisions in art. 4)

F30 Sch. 1 para. 4A inserted by Self-Governing Schools etc. (Scotland) Act 1989 (c. 39, SIF 41:2), s. 82(1), Sch. 10 para. 2(6)

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. S

(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, [F31 or, as the case may be][F32 five years] there were substituted a reference to the unexpired part of the period of office of the member who has died or vacated office.

Textual Amendments

F31 Words inserted by S.I. 1969/586, art. 2(b)

F32 Words substituted by S.I. 1970/523, art. 3(e)

[F33 5A S A person holding office as a member of the Council on the date on which section 46 of the Standards in Scotland’s Schools etc. Act 2000 (asp 6) comes into force shall go out of office on such date as the Scottish Ministers may, after consultation with the Council, determine; but that date shall not be later than 31st October, 2001.]

Textual Amendments

F33 Sch. 1 Pt. I para. 5A substituted (13.10.2000) by 2000 asp 6, s. 46(5); S.S.I. 2000/361, art. 3(1), Sch. Pt. I (subject to transitional provisions in art. 4)

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: S

Provided that an order under this paragraph shall not reduce the proportion which the number of members of the Council who are elected members F34 . . . 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.

Textual Amendments

F34 Words in proviso to Sch. 1 Pt. I para. 6(1) repealed (1.11.2001) by 2000 asp 6, s. 46(6); S.S.I. 2000/361, art. 3(2), Sch. Pt. II (subject to transitional provisions in art. 4)

F35 6A S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F35 Sch. 1 Pt. I para. 6A repealed (1.11.2001) by 2000 asp 6, s. 46(7); S.S.I. 2000/361, art. 3(2), Sch. Pt. II (subject to transitional provisions in art. 4)

PART II S

Supplementary provisions relating to the Council S

Incorporation S

7 The Council shall be a body corporate, with a common seal.

Powers S

[F36 8 (1) In addition to the powers conferred on the Council by the other provisions of this Act, the Council shall have power—

(a) to acquire, dispose of and otherwise intromit with rights in land; and

(b) to borrow money.

F37 (2)] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F36 Sch. 1 Pt. II para. 8 substituted (13.10.2000) by 2000 asp 6, s. 53; S.S.I. 2000/361, art. 3(1), Sch. Pt. I (subject to transitional provisions in art. 4)

F37 Sch. 1 para. 8(2) repealed (6.11.2009) by Teaching Council (Scotland) Act 1965 Modification Order 2009 (S.S.I. 2009/386), arts. 1, 2(1)(d)

Chairman S

9 (1) The chairman of the Council shall be appointed by the members of the Council from their own number.

(2) The chairman, or in his absence the person acting as chairman, of the Council shall have a casting vote in the proceedings of the Council.

Assessors S

10 The Secretary of State may appoint not more than two persons to be assessors for him at the proceedings of the Council; and each such assessor (or in his absence from any proceedings such other person as may be nominated by him for the purpose of those proceedings) shall be entitled to attend and speak at the proceedings of the Council and of any committee thereof except the [F38 Investigating Sub-committee, the Disciplinary Sub-committee and, in relation to proceedings for the purposes of sections 10A(2) and (3) and 11(4) of this Act, the Professional Conduct Committee]; but no assessor shall be entitled to vote at any such proceedings.

Textual Amendments

F38 Words in Sch. 1 Pt. II para. 10 substituted (1.11.2001) by 2000 asp 6, s. 60(1), Sch. 2 para. 1(5)(a); S.S.I. 2000/361, art. 3(2), Sch. Pt. II (subject to transitional provisions in art. 4)

Proceedings S

11 The powers of the Council, and any committee thereof, may be exercised notwithstanding any vacancy in the membership thereof, and the proceedings of the Council or any such committee shall not be invalidated by reason only of any defect in the election, appointment or nomination of a member.

Standing orders S

12 Subject to the provisions of this Act the Council may make standing orders for the regulation of their proceedings and the quorum at such proceedings, and of the proceedings, and the quorum at the proceedings, of any committee of the Council other than the [F39 Disciplinary Sub-committee]; and for the keeping of records, the execution of documents and such other matters connected with the conduct of the Council’s business as the Council think fit.

Textual Amendments

F39 Words in Sch. 1 Pt. II para. 12 substituted (1.11.2001) by 2000 asp 6, s. 60(1), Sch. 2 para. 1(5)(b); S.S.I. 2000/361, art. 3(2), Sch. Pt. II (subject to transitional provisions in art. 4)

Expenses and accounts S

13 (1) Any fees payable by virtue of this Act in respect of the entry, or retention of a name on, or the [F40 re-registration of a name in], the register shall be paid to the Council, and any expenses of the Council shall be defrayed out of the sums received by the Council either on account of those fees or otherwise.

(2) The Council shall keep proper accounts of all sums received or paid by them, and proper records in relation to those accounts, and the accounts for each financial year of the Council shall be audited by auditors appointed by the Council; and as soon as any accounts of the Council have been audited the Council shall cause them to be published, and shall send a copy of them to the Secretary of State, together with a copy of any report of the auditors thereon.

F41 [(3) No person shall be appointed as an auditor under this paragraph unless he is eligible for appointment as a [F42 statutory auditor under Part 42 of the Companies Act 2006].]

Textual Amendments

F40 Words in Sch. 1 Pt. II para. 13(1) substituted (1.11.2001) by 2000 asp 6, s. 60(1), Sch. 2 para. 1(5)(c); S.S.I. 2000/361, art. 3(2), Sch. Pt. II (subject to transitional provisions in art. 4)

F41 Sch. 1 para. 13(3) substituted (1.10.1991) by S. I. 1991/1997, reg. 2, Sch. para. 14 (with reg. 4)

F42 Words in Sch. 1 para. 13(3) substituted (6.4.2008) by The Companies Act 2006 (Consequential Amendments etc) Order 2008 (S.I. 2008/948), Sch. 1 para. 1(f) (with arts. 6, 11, 12)

Officials S

14 (1) The Council may employ a registrar and such other wholetime and part-time officers and servants as they may require to enable them to carry out their functions, and may do so on such terms as to remuneration, allowances or otherwise as the Council may determine.

(2) The Council may require any person employed by them whose responsibility includes intromission with their funds to find such caution as they may determine for his duly accounting for his intromissions.

(3) The Council may pay, or enter into arrangements with insurance companies or local authorities for the payment of, pensions and other superannuation benefits to persons who have been employed by them.

Allowances for members S

15 The Council may, with the approval of the Secretary of State, pay to their members, and to other persons who are members of any committee appointed by the Council, such travelling, subsistence and other allowances as they think fit.

Committee on exceptional admission to the register S

16 (1) The Council shall appoint a committee, consisting of not more than one-third of the members of the Council, to review from time to time the principles specified in any statement under section 8 of this Act, and shall delegate to that committee the functions of the Council in dealing, in accordance with those principles, with applications for registration by virtue of section 6(2)(c) of this Act.

F43 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F43 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) Where the said committee F44 . . . refuse a person’s application for registration, the committee F44 . . . shall cause notice of the refusal to be served on that person; and any such notice shall include a statement of the reasons for the refusal.

Textual Amendments

F43 Sch. 1 Pt. II para. 16(2)(3) repealed (13.10.2000) by 2000 asp 6, s. 60(2), Sch. 3; S.S.I. 2000/361, art. 3(1), Sch. Pt. I (subject to transitional provisions in art. 4)

F44 Words in Sch. 1 Pt. II para. 16(4) repealed (13.10.2000) by 2000 asp 6, s. 60(2), Sch. 3; S.S.I. 2000/361, art. 3(1), Sch. Pt. I (subject to transitional provisions in art. 4)

Other committees S

F45 16A S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F45 Sch. 1 para. 16A repealed (6.11.2009) by Teaching Council (Scotland) Act 1965 Modification Order 2009 (S.S.I. 2009/386), arts. 1, 2(1)(e)

17 S Subject to [F46 paragraphs 16 F47 ... of this Schedule] and to the provisions of this Act relating to the [F48 Professional Conduct Committee, the Investigating Sub-committee and the Disciplinary Sub-committee], the Council may appoint such committees (consisting either wholly of members of the Council or partly of such members and partly of other persons) as the Council think fit; and any committee appointed under this paragraph may appoint such sub-committees as the committee thinks fit.

Textual Amendments

F46 Words in Sch. 1 Pt. II para. 17 substituted (13.10.2000) by 2000 asp 6, s. 60(1), Sch. 2 para. 1(5)(d)(i); S.S.I. 2000/361, art. 3(1), Sch. Pt. I (subject to transitional provisions in art. 4)

F47 Words in Sch. 1 Pt. II para. 17 omitted (6.11.2009) by virtue of Teaching Council (Scotland) Act 1965 Modification Order 2009 (S.S.I. 2009/386), arts. 1, 2(2)

F48 Words in Sch. 1 Pt. II para. 17 substituted (1.11.2001) by 2000 asp 6, s. 60(1), Sch. 2 para. 1(5)(d)(ii); S.S.I. 2000/361, art. 3(2), Sch. Pt. II (subject to transitional provisions in art. 4)

SCHEDULE 2 S Procedure of Disciplinary [F49 Sub-committee]

Textual Amendments

F49 Word in Heading in Sch. 2 substituted (1.11.2001) by 2000 asp 6, s. 60(1), Sch. 2 para. 6(a); S.S.I. 2000/361, art. 3(2), Sch. Pt. II (subject to transitional provisions in art. 4)

1 S For the purpose of any proceedings before the Disciplinary [F50 Sub-committee], the [F50 Sub-committee] may administer oaths; and the Court of Session shall, on the application of any party to the proceedings, have the like power as in any action in that Court to grant warrant for the citation of witnesses and havers to give evidence or to produce documents before the [F50 Sub-committee], and for the issue of letters of second diligence against any witness or haver failing to appear after due citation, to grant warrant for the recovery of documents, and to grant commissions to persons to take the evidence of witnesses or to examine havers and receive their exhibits and productions.

Textual Amendments

F50 Words in Sch. 2 para. 1 substituted (1.11.2001) by 2000 asp 6, s. 60(1), Sch. 2 para. 1(6)(a); S.S.I. 2000/361, art. 3(2), Sch. Pt. II (subject to transitional provisions in art. 4)

2 (1) Subject to the next following sub-paragraph, the Council shall make rules as to the procedure to be followed and the rules of evidence to be observed in proceedings before the Disciplinary [F51 Sub-committee], and in particular— S

(a) for securing that notice that the proceedings are to be brought shall be given, at such time and in such manner as may be specified by the rules, to any person whose case has been referred to the [F51 Sub-committee] under section [F52 10B(2)] of this Act, and that such notice shall include a statement of the alleged facts and circumstances on which the proceedings are to be based;

(b) for determining who, in addition to the person aforesaid, shall be a party to the proceedings;

(c) for securing that any party to the proceedings shall, if he so requires, be entitled to be heard by the [F51 Sub-committee];

(d) for enabling any party to the proceedings to be represented by counsel or solicitor or otherwise;

(e) for requiring the proceedings to be held in public except so far as may be provided by the rules;

(f) for securing that where evidence is tendered which would be inadmissible in criminal proceedings in Scotland it shall not be admitted by the [F51 Sub-committee] unless, after consultation with the assessor acting under paragraph 3 of this Schedule, the [F51 Sub-committee] is satisfied that its duties under this Act require that it should be admitted;

(g) for requiring, in cases where it is alleged that a person is guilty of [F53 relevant misconduct], that where the [F51 Sub-committee] judges that the allegation has not been proved it shall record a finding that the person is not guilty of [F54 such misconduct] in respect of the matters to which the allegation relates.

(2) As respects proceedings for—

(a) the [F55 re-registration] of the name of a person whose name was previously removed from the register by direction of the Disciplinary [F51 Sub-committee],

(b) the determination of an application under section [F56 10C(1)(d)] of this Act, or

(c) the determination of a second or subsequent application for registration by a person whose original application has been refused in pursuance of a direction by the Disciplinary [F51 Sub-committee] under section [F57 11(8)] of this Act,

the Council shall have power to make rules with respect to all or any of the matters mentioned in the foregoing sub-paragraph, but shall not be required to do so; and separate rules under this paragraph may be made as respects such proceedings.

(3) Rules under this paragraph shall not come into force until approved by the Lord President of the Court of Session.

Textual Amendments

F51 Words in Sch. 2 para. 2 substituted (1.11.2001) by 2000 asp 6, s. 60(1), Sch. 2 para. 1(6)(a); S.S.I. 2000/361, art. 3(2), Sch. Pt. II (subject to transitional provisions in art. 4)

F52 Words in Sch. 2 para. 2(1)(a) substituted (1.11.2001) by 2000 asp 6, Sch. 2 para. 1(6)(b)(i); S.S.I. 2000/361, art. 3(2), Sch. Pt. II (subject to transitional provisions in art. 4)

F53 Words in Sch. 2 para. 2(1)(g) substituted (1.11.2001) by virtue of 2000 asp 6, Sch. 2 para. 1(6)(b)(ii); S.S.I. 2000/361, art. 3(2), Sch. Pt. II (subject to transitional provisions in art. 4)

F54 Words in Sch. 2 para. 2(1)(g) substituted (1.11.2001) by 2000 asp 6, Sch. 2 para. 1(6)(b)(ii); S.S.I. 2000/361, art. 3(2), Sch. Pt. II (subject to transitional provisions in art. 4)

F55 Words in Sch. 2 para. 2(2)(a) substituted (1.11.2001) by 2000 asp 6, Sch. 2 para. 1(6)(b)(iii); S.S.I. 2000/361, art. 3(2), Sch. Pt. II (subject to transitional provisions in art. 4)

F56 Words in Sch. 2 para. 2(2)(b) substituted (1.11.2001) by 2000 asp 6, Sch. 2 para. 1(6)(b)(iv); S.S.I. 2000/361, art. 3(2), Sch. Pt. II (subject to transitional provisions in art. 4)

F57 Words in Sch. 2 para. 2(2)(c) substituted (1.11.2001) by 2000 asp 6, Sch. 2 para. 1(6)(b)(v); S.S.I. 2000/361, art. 3(2), Sch. Pt. II (subject to transitional provisions in art. 4)

3 (1) For the purpose of advising the Disciplinary [F58 Sub-committee]on questions of law arising in proceedings before it, there shall in all such proceedings be an assessor to the [F58 Sub-committee] who shall be an advocate or solicitor of not less than ten years’ standing appointed by the Council; but if no assessor appointed by the Council is available to act in any particular proceedings the [F58 Sub-committee] may appoint an assessor qualified as aforesaid for those proceedings. S

(2) The Lord President of the Court of Session may, by statutory instrument, make rules as to the functions of assessors appointed under this paragraph, and in particular such rules may contain provision for securing—

(a) that where an assessor advises the Disciplinary [F58 Sub-committee] on any question of law as to evidence, procedure or any other matters specified by the rules, he shall do so in the presence of every party or person representing a party to the proceedings who appears thereat or, if the advice is tendered while the [F58 Sub-committee] is deliberating in private, that every such party or person as aforesaid shall be informed what advice the assessor has tendered;

(b) that every such party or person as aforesaid shall be informed if in any case the [F58 Sub-committee] does not accept the advice of the assessor on such a question as aforesaid;

and may contain such incidental and supplementary provisions as the Lord President considers expedient.

(3) The M2 Statutory Instruments Act 1946 shall apply to any statutory instrument made by the Lord President under the last foregoing sub-paragraph as if the instrument had been made by a Minister of the Crown.

(4) Except in the case of an assessor appointed by the [F58 Sub-committee]itself under sub-paragraph (1) above, an assessor may be appointed under this paragraph either generally or for any particular proceedings or class of proceedings, and shall hold and vacate office in accordance with the terms of the instrument under which he is appointed.

(5) The Council shall pay to an assessor appointed under this paragraph remuneration at such rates as0 may be determined by the Council with the consent of the Lord President.

Textual Amendments

F58 Words in Sch. 2 para. 3 substituted (1.11.2001) by 2000 asp 6, s. 60(1), Sch. 2 para. 1(6)(a); S.S.I. 2000/361, art. 3(2), Sch. Pt. II (subject to transitional provisions in art. 4)

Marginal Citations

M2 1946 c. 36.