Self-Governing Schools etc. (Scotland) Act 1989

70 Appraisal of teachers

(1) The Secretary of State may by regulations require—

(a) education authorities;

(b) boards of management of self-governing schools;

(c) managers of grant-aided schools; and

(d) companies formed by virtue of section 65(1) of this Act;

(in this section referred to as the “employers”) to secure that the performance of members of their teaching staff in carrying out their duties is regularly appraised in accordance with such requirements as may be prescribed.

(2) Regulations under this section may require the employers to make schemes for the appraisal of the performance of such members of their teaching staff as may be prescribed; and different schemes may be required to be made in respect of different classes of teachers or of teachers in different establishments.

(3) Subject to regulations made under this section, an employer may at any time vary or replace a scheme made in accordance with those regulations and, if such regulations so require, he shall—

(a) before making, varying or replacing any such scheme, consult any body representing teaching staff who are to be affected by the scheme as proposed to be made, varied or replaced;

(b) before proceeding with appraisal under any such scheme as so made, varied or replaced, submit it to the Secretary of State.

(4) When a scheme is submitted to him under subsection (3) above, the Secretary of State may—

(a) approve it; or

(b) after consulting the employer concerned, amend it; or

(c) reject it, and require the employer to prepare and submit a fresh scheme.

(5) Before making regulations under this section the Secretary of State shall consult—

(a) such bodies representing education authorities or teaching staff as appear to him to be concerned; and

(b) any other persons with whom consultation appears to him to be desirable.

(6) With effect from such date as may be prescribed—

(a) there shall be deemed to be incorporated into the contract of employment of each member of the employers' teaching staff a provision requiring such a member to participate in any arrangements for the appraisal of staff made in accordance with regulations made under this section; and

(b) that contract shall have effect only in so far as consistent with that provision.