The function of appointing teachers for service in public schools and other educational establishments under the management of an education authority shall be in the education authority, and every appointment shall be during the pleasure of the authority.
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Textual Amendments
F1S. 87A repealed (5.2.2007 for specified purposes, 1.8.2007 in so far as not already in force) by Scottish Schools (Parental Involvement) Act 2006 (asp 8), s. 24(2), sch.; S.S.I. 2007/31, art. 2(a)(b), schs. 1, 2
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Textual Amendments
F2S. 87B repealed (5.2.2007 for specified purposes, 1.8.2007 in so far as not already in force) by Scottish Schools (Parental Involvement) Act 2006 (asp 8), s. 24(2), sch.; S.S.I. 2007/31, art. 2(a)(b), schs. 1, 2
Textual Amendments
F3S. 88 repealed by Self-Governing Schools etc. (Scotland) Act 1989 (c. 39, SIF 41:2), ss. 75, 82(2), Sch. 11
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Textual Amendments
F4S. 89 repealed (1.10.2006) by Employment Equality (Age) Regulations 2006 (S.I. 2006/1031), reg. 1(1), Sch. 9 (with regs. 44-46)
(1)The Secretary of State may in regulations under section 2 or 74(1) of this Act prescribe that only registered teachers shall be employed or continue to be employed as teachers by education authorities [F5, or managers of grant-aided schools,] in the educational establishments to which the regulations apply, subject to such exceptions as may from time to time be so prescribed.
(2)It is hereby declared that the power of the Secretary of State to make regulations under section 1(2) of the M1Education (Scotland) Act 1962, as originally enacted, and as re-enacted as section 2 by the M2Education (Scotland) Act 1969 shall be deemed always to have included power on and after 1st November 1965 to prescribe in such regulations that only registered teachers shall be employed or continue to be employed as teachers by education authorities in the educational establishments to which the regulations apply, subject to such exceptions as may from time to time be so prescribed.
(3)For the avoidance of doubt, it is hereby declared that the power of the Secretary of State to make regulations under section 76(1) of the said Act of 1962 shall be deemed always to have included power on and after 1st November 1965 to prescribe in such regulations that only registered teachers shall be employed or continue to be employed as teachers by managers of educational establishments in the educational establishments to which the regulations apply, subject to such exceptions as may from time to time be so prescribed.
(4)For the avoidance of doubt, it is hereby declared that in the Schools (Scotland) Code 1956, as amended by the Teachers (Education, Training and Registration) (Scotland) Regulations 1967, regulation 4(2) shall be construed as having always applied to teachers in employment on 1st April 1968, as well as to teachers taken into employment after that date.
Textual Amendments
F5Words in s. 90(1) inserted (1.1.2017) by Education (Scotland) Act 2016 (asp 8), ss. 27, 33(2); S.S.I. 2016/386, reg. 2, sch.
Marginal Citations
(1)The Scottish Ministers may by regulations under section 2 or 74(1) prescribe that only persons falling within subsection (2) may be appointed by education authorities or managers of grant-aided schools as head teachers of schools.
(2)A person falls within this subsection if the person has achieved such standards of education and training as may be specified in regulations mentioned in subsection (1).
(3)Regulations made by virtue of subsections (1) and (2) may—
(a)provide for exemptions or exceptions,
(b)make different provision for different purposes,
(c)make consequential, transitional or transitory provision or savings.]
Textual Amendments
F6S. 90A inserted (1.1.2017) by Education (Scotland) Act 2016 (asp 8), ss. 28(1), 33(2); S.S.I. 2016/386, reg. 2, sch.
Textual Amendments
F7Ss. 91-97D repealed (23.3.2001) by 2000 asp 6, s. 55(1); S.S.I. 2001/102, art. 2
Textual Amendments
F8Ss. 91-97D repealed (23.3.2001) by 2000 asp 6, s. 55(1); S.S.I. 2001/102, art. 2
Textual Amendments
F9Ss. 91-97D repealed (23.3.2001) by 2000 asp 6, s. 55(1); S.S.I. 2001/102, art. 2
Textual Amendments
F10Ss. 94–97 repealed by Self-Governing Schools etc. (Scotland) Act 1989 (c. 39, SIF 41:2), ss. 67(1), 82(2), Sch. 11 and ss. 94-97 expressed to be repealed (23.3.2001) by 2000 asp 6, s. 55(1); S.S.I. 2001/102, art. 2
Textual Amendments
F11Ss. 94–97 repealed by Self-Governing Schools etc. (Scotland) Act 1989 (c. 39, SIF 41:2), ss. 67(1), 82(2), Sch. 11 and ss. 94-97 expressed to be repealed (23.3.2001) by 2000 asp 6, s. 55(1); S.S.I. 2001/102, art. 2
Textual Amendments
F12Ss. 91-97D repealed (23.3.2001) by 2000 asp 6, s. 55(1); S.S.I. 2001/102, art. 2
Textual Amendments
F13Ss. 91-97D repealed (23.3.2001) by 2000 asp 6, s. 55(1); S.S.I. 2001/102, art. 2
Textual Amendments
F14Ss. 91-97D repealed (23.3.2001) by 2000 asp 6, s. 55(1); S.S.I. 2001/102, art. 2
Textual Amendments
F15Ss. 91-97D repealed (23.3.2001) by 2000 asp 6, s. 55(1); S.S.I. 2001/102, art. 2