Self-Governing Schools etc. (Scotland) Act 1989

76 Remuneration of certain persons employed in providing school education

(1) This section applies to persons employed by education authorities in Scotland in, or in connection with, the provision of school education in relation to whose remuneration and terms and conditions of employment sections 91 to 97B of the 1980 Act have ceased, by virtue of an order made under section 97C(a) of that Act, to apply.

(2) Where, in relation to the remuneration or terms and conditions of employment of any persons to whom this section applies—

(a) an order made under section 92 of the 1980 Act (as originally enacted and not as substituted by the [1981 c. 58.] Education (Scotland) Act 1981); or

(b) a settlement formulated under section 91(1) of the 1980 Act; or

(c) a determination or, as the case may be, an award made under section 97B of the 1980 Act,

is still in force on the date on which such an order as is mentioned in subsection (1) above comes into force, the order, settlement, determination or award shall, subject to subsection (3) below, remain in force after that date.

(3) Where, after this enactment comes into force—

(a) any group of persons to whom this section applies and those employing them agree, whether expressly or impliedly, to an alteration of the remuneration payable to, or the terms and conditions of employment of, that group of persons; or

(b) any such alteration as is mentioned in paragraph (a) above is arrived at in an agreed manner,

that alteration shall, to the extent that it is concerned with the same matters, supersede any such order, settlement, determination or award as is referred to in paragraph (a), (b) or (c) of subsection (2) above.