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Education (Scotland) Act 1980
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Education (Scotland) Act 1980, Section 90 is up to date with all changes known to be in force on or before 20 April 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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- s. 48A(5)(a) (I) words repealed by 2000 asp 6 Sch. 3
- s. 53(3)(b)(i)-(iia) repealed by 2012 c. 5 Sch. 14 Pt. 1
- s. 53(3)(b)(iii) words repealed by 2012 c. 5 Sch. 14 Pt. 1
- s. 53ZA inserted by 2016 asp 8 s. 22(3)
- s. 54A inserted by 2016 asp 8 s. 23
- s. 98DA inserted by 2016 asp 8 s. 28(2)
- s. 99(1A)(g)(ii) word substituted by 2020 asp 13 sch. 5 para. 8(3)
- s. 99(1A)(h)(ii) word substituted by 2020 asp 13 sch. 5 para. 8(3)
90 Employment of teachers.S
(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 [F1, 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the power of the Secretary of State to make regulations under section 1(2) of the M1Education (Scotland) Act 1962, as originally enacted, and as re-enacted as section 2 by the M2Education (Scotland) Act 1969 shall be deemed always to have included power on and after 1st November 1965 to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
F1Words 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.
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