Part VI Time off work
Public duties
50 Right to time off for public duties.
F311
An employer shall permit an employee of his who is—
a
a justice of the peace, or
b
an independent prison monitor appointed in accordance with section 7B(2) of the Prisons (Scotland) Act 1989,
to take time off during the employee’s working hours for the purpose of performing any of the duties of the office.
2
An employer shall permit an employee of his who is a member of—
a
a local authority,
b
a statutory tribunal,
F25c
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
ca
F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
e
a relevant health body,
f
a relevant education body, F3. . .
g
the Environment Agency or the Scottish Environment Protection Agency, F32...
F33i
a panel of lay observers appointed in accordance with section 81(1)(b) of the Criminal Justice Act 1991,
j
a Visiting Committee appointed in accordance with section 152(1) of the Immigration and Asylum Act 1999, or
k
a Visiting Committee appointed by the Secretary of State for a short-term holding facility (within the meaning given by section 147 of the Immigration and Asylum Act 1999).
to take time off during the employee’s working hours for the purposes specified in subsection (3).
C13
The purposes referred to in subsection (2) are—
a
attendance at a meeting of the body or any of its committees or sub-committees, and
b
the doing of any other thing approved by the body, or anything of a class so approved, for the purpose of the discharge of the functions of the body or of any of its committees or sub-committees.F6 and
c
in the case of a local authority which are operating executive arrangements—
i
attendance at a meeting of the executive of that local authority or committee of that executive; and
ii
the doing of any other thing, by an individual member of that executive, for the purposes of the discharge of any function which is to any extent the responsibility of that executive.
C24
The amount of time off which an employee is to be permitted to take under this section, and the occasions on which and any conditions subject to which time off may be so taken, are those that are reasonable in all the circumstances having regard, in particular, to—
a
how much time off is required for the performance of the duties of the office or as a member of the body in question, and how much time off is required for the performance of the particular duty,
b
how much time off the employee has already been permitted under this section or sections 168 and 170 of the M1Trade Union and Labour Relations (Consolidation) Act 1992 (time off for trade union duties and activities), and
c
the circumstances of the employer’s business and the effect of the employee’s absence on the running of that business.
5
In subsection (2)(a) “a local authority” means—
a
a local authority within the meaning of the M2Local Government Act 1972,
b
a council constituted under section 2 of the M3Local Government etc. (Scotland) Act 1994,
c
the Common Council of the City of London,
d
a National Park authority, or
e
the Broads Authority.
6
F7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
7
In subsection (2)(d)—
a
8
In subsection (2)(e) “a relevant health body” means—
za
F34NHS England,
F35zb
an integrated care board established under section 14Z25 of the National Health Service Act 2006,
a
F10ab
an NHS foundation trust,
F28ac
the National Institute for Health and Care Excellence,
F36ad
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F37ae
the Health Services Safety Investigations Body,
b
c
a Health Board constituted under section 2 of the National Health Service (Scotland) Act 1978.
9
In subsection (2)(f) “a relevant education body” means—
a
a managing or governing body of an educational establishment maintained by a F16local authority (as defined in section 579(1) of the Education Act 1996),
F17b
a further education corporation, sixth form college corporation or higher education corporation,
c
a school council appointed under section 125(1) of the M7Local Government (Scotland) Act 1973,
F18d
a parent council within the meaning of section 5(2) of the Scottish Schools (Parental Involvement) Act 2006 M8 ,
F19e
a board of management of a self-governing school within the meaning of section 135(1) of the M9 Education (Scotland) Act 1980,
f
a board of management of a college of further education within the meaning of section 36(1) of the M10Further and Higher Education (Scotland) Act 1992,
g
a governing body of a central institution within the meaning of section 135(1) of the Education (Scotland) Act 1980, F20. . .
h
a governing body of a designated institution within the meaning of Part II of the Further and Higher Education (Scotland) Act 1992.
j
the General Teaching Council for Wales.
F229A
In subsection (3)(c) of this section “executive” and “executive arrangements” have the same meaning as in Part II of the Local Government Act 2000.
F239B
In subsection (9)(b) “ further education corporation ”, “ sixth form college corporation ” and “ higher education corporation ” have the same meanings as in the Further and Higher Education Act 1992.
10
The Secretary of State may by order—
a
modify the provisions of subsections (1) and (2) and (5) to (9) by adding any office or body, removing any office or body or altering the description of any office or body, or
b
modify the provisions of subsection (3).
11
For the purposes of this section the working hours of an employee shall be taken to be any time when, in accordance with his contract of employment, the employee is required to be at work.