Teaching Council (Scotland) Act 1965 (repealed)

PART I S

Constitution of the Council S

1 (1) Subject to the provisions of this Schedule the Council shall consist of [F1 49] persons, comprising—

(a) [F1 30] persons representing registered teachers (in this Schedule referred to as “elected members”);

(b) 15 persons (in this Schedule referred to as “appointed members”) appointed as follows:—

[F2 (i) [F3 three] by the Convention of Scottish Local Authorities;]

(iii) three by the Association of Directors of Education in Scotland;

(iv) four by the universities of Scotland;

(v) two by the governing bodies of the central institutions [F4 and such institutions in the higher education sector (other than universities) as are not relevant institutions];

(vi) one by the Education Committee of the General Assembly of the Church of Scotland;

(vii) one by the Scottish Hierarchy of the Roman Catholic Church;

[F5 (viii) one by the boards of management of colleges of further education within the meaning of Part I of the Further and Higher Education (Scotland) Act 1992 F6 ;]

(c) 4 persons (in this Schedule referred to as “nominated members”) nominated by the Secretary of State.

[F7 (2) The elected members shall comprise:—

(a) 5 registered teachers employed in [F8 relevant institutions], including 4 (but not more than 4) principals;

(b) 3 registered teachers employed in further education centres;

(c) 11 registered teachers employed in secondary schools;

(d) 11 registered teachers employed in primary schools.]

(3) In the foregoing provisions of this paragraph references to primary schools and to secondary schools include respectively references to primary departments and secondary departments of schools having departments of different grades; references to the universities of Scotland [F9 , the central institutions [F10 , institutions in the higher education sector and colleges of further education shall be construed, in relation to any appointment, as references to the universities of Scotland, such institutions or, as the case may be, such colleges of further education established at the time the appointment falls to be made;]]; and—

(a) “employed” means employed on a whole-time basis; and

(b) “further education centre” means an institution for the provision of further education but does not include—

(i) a university, a theological college or a hostel or other residence used exclusively by students attending university or theological college, or

(ii) [F11 a designated institution within the meaning of Part II of the Further and Higher Education (Scotland) Act 1992,]a central institution, a [F8 relevant institution], a hostel used mainly by pupils attending [F11 designated institutions,]central institutions or [F8 relevant institutions], or, unless the Secretary of State otherwise directs, a residential institution conducted under a scheme under the Educational Endowments (Scotland) Acts 1928 to 1935 or Part VI of the M1 Education (Scotland) Act 1946 or Part VI of the Act of 1962.

(4) The elected members who are principals of [F8 relevant institutions]shall be elected by the principals of those [F8 institutions] .

(5) The elected members other than the principals of [F8 relevant institutions] shall, subject to paragraph 2 of this Schedule, be elected in accordance with the provisions of a scheme made under the next following sub-paragraph.

(6) For the purpose of the last foregoing sub-paragraph the Council shall, within two years of their establishment, make a scheme, which shall include provision for—

(a) the appointment of a returning officer and of such staff as may be necessary;

(b) the making up of a roll of electors consisting of all registered teachers whether in employment as such or not, showing the category of elected member for which each registered teacher is entitled to vote;

(c) the giving of notice of the holding of an election;

(d) the nomination of candidates;

(e) any other matter necessary for the holding of the elections.

(7) A scheme made under the last foregoing sub-paragraph may be modified or revoked by a subsequent scheme made by the Council under that sub-paragraph.

(8) A scheme made under this paragraph shall not come into force until approved by the Secretary of State by order.

[F12 (9) In nominating members of the Council under sub-paragraph (1)(c) above, the Secretary of State shall have regard to the desirability of the membership of the Council reflecting the interests of persons concerned with the teaching of persons with special educational needs.]

Textual Amendments

F1 Words substituted by S.I. 1970/523, art. 3(a)

F2 Para. 1(1)(b)(i) substituted for items (i) and (ii) by Local Government (Scotland) Act 1975 (c. 30),Sch. 6 Pt. II para. 29(a)

F3 Word in Sch. 1 para. 1(1)(b)(i) substituted (28.2.1997) by S.I. 1997/207, art. 2(a)

F4 Words in Sch. 1 para. 1(1)(b)(v) inserted (16.5.1992) by Further and Higher Education (Scotland) Act 1992 (c. 37), s. 62(2), Sch. 9 para. 1(5)(a) ; S.I. 1992/817, art. 3(2), Sch. 1.

F5 Sch. 1 para. 1(1)(b)(viii) added (28.2.1997) by S.I. 1997/207, art. 2(b)

F6 1992 c.37.

F7 Para. 1(2) substituted by S.I. 1970/523, art. 3(b)

F8 Words in Sch. 1 para. 1 substituted (16.5.1992) by Further and Higher Education (Scotland) Act 1992 (c. 37), s. 62(2), Sch. 9 para. 1(2); S.I. 1992/817, art. 3(2), Sch. 1.

F9 Words in Sch. 1 para. 1(3) substituted (16.5.1992) by Further and Higher Education (Scotland) Act 1992 (c. 37), s. 62(2), Sch. 9 para. 1(5)(b); S.I. 1992/817, art. 3(2), Sch. 1.

F10 Words in SCh. 1 para. 1(3) substituted (28.2.1997) by S.I. 1997/207, art. 2(c)

F11 Words in Sch. 1 para. 1(3)(b)(ii) inserted (16.5.1992) by Further and Higher Education (Scotland) Act 1992 (c. 37), s. 62(2), Sch. 9 para. 1(5)(c)(i)(ii); S.I. 1992/817, art. 3(2), Sch. 1.

F12 Sch. 1 para. 1(9) inserted (1.10.1998) by 1998 c. 30, s.17 (with s. 42(8)); S.I. 1998/2215, art. 2

Marginal Citations

M1 1946 c. 72.

2 (1) In respect of the initial membership of the Council the foregoing paragraph shall have effect in relation to elected members as if any reference in that paragraph to registered teachers included a reference to certificated teachers, and as if sub-paragraphs (5) to (8) thereof were omitted; and the elected members other than the principals of [F13 relevant institutions] shall be elected by certificated teachers, being teachers employed in educational establishments and in approved schools, in accordance with arrangements made by the Secretary of State. S

(2) Arrangements made for the purposes of the foregoing sub-paragraph shall secure—

(a) that a teacher shall not be eligible to be elected unless he is, on such date as may be determined by or under the arrangements, employed in an educational establishment of one of the categories referred to in paragraph 1(2) of this Schedule; and

(b) that each teacher shall be entitled to vote only in respect of an elected member employed in an educational establishment of the same category as that in which he himself is employed on that date;

and shall provide for the determination by the Secretary of State of the category in which a teacher is employed.

Textual Amendments

F13 Words in Sch. 1 para. 2 substituted (16.5.1992) by Further and Higher Education (Scotland) Act 1992 (c. 37), s. 62(2), Sch. 9 para. 1(2) ; S.I. 1992/817, art. 3(2), Sch.1.

3 (1) No person shall take office as a member of the Council (whether on election or re-election) after attaining the age of 70 years.

(2) No person shall be eligible for election or re-election if by virtue of this paragraph he would be prohibited from taking office in pursuance of that election or re-election; but a person who attains the said age during a period of office in respect of which he has been duly elected or re-elected shall not thereby vacate office.

(3) The two last foregoing sub-paragraphs shall apply to appointment and nomination, and re-appointment and re-nomination, as they apply to election and re-election.

4 (1) Subject to [F14 paragraphs 5(3) and 5A] of this Schedule the period of office of members of the Council shall be four years [F15 save that in respect of the initial membership of the Council the period of office shall be][F16 five years].

(2) A member shall vacate office—

(a) on the expiration of his period of office;

(b) on the taking effect of any notice of resignation given by him to the Council;

(c) on his estate being sequestrated or on his executing a trust deed for creditors;

[F17 (d) where, being an elected member, he ceases to be employed in the category of educational establishment in respect of which he was elected,]

whichever first occurs.

(3) Nothing in this paragraph shall prevent the election or re-election of a person who has ceased to be a member, or will have so ceased at or before the commencement of the term of office to which the election or re-election relates.

(4) The last foregoing sub-paragraph shall apply to appointment and nomination, and to re-appointment and re-nomination, as it applies to election and re-election.

[F18 4A. Where a member of the Council or of any committee of the Council has failed without good cause to attend meetings for a period of at least 6 months and to attend 3 consecutive meetings, the Council may, by a vote taken at a meeting of the Council at which the member has been given an opportunity to be heard, remove him from the Council.]

Textual Amendments

F14 Words substituted by Local Government (Scotland) Act 1975 (c. 30), Sch. 6 Pt. II para. 29(b)

F15 Words added by S.I. 1969/586, art. 2(a)

F16 Words substituted by S.I. 1970/523, art. 3(c)

F17 Para. 4(2)(d) inserted by S.I. 1970/523, art. 3(d)

F18 Sch. 1 para. 4A inserted by Self-Governing Schools etc. (Scotland) Act 1989 (c. 39, SIF 41:2), s. 82(1), Sch. 10 para. 2(6)

5 (1) Where an elected member dies or vacates office before the expiration of his period of office the vacancy shall be filled by the person who, in the election of that member, obtained the second highest number of votes; whom failing, by the person who in that election obtained the next highest number of votes, and so on; and if no such person is available the Council shall fill the vacancy by co-opting such registered teacher or certificated teacher as they think fit, being a teacher of like electoral qualifications as the said member. S

(2) Where an appointed or nominated member dies or vacates office before the expiration of his period of office the vacancy shall be filled by the appointment or, as the case may be, nomination of another person by the body, group of bodies or person who appointed or nominated the member who has died or vacated office.

(3) In relation to a member who takes office by virtue of this paragraph, paragraph 4 of this Schedule shall have effect as if, for the reference in sub-paragraph (1) thereof to four years, [F19 or, as the case may be][F20 five years] there were substituted a reference to the unexpired part of the period of office of the member who has died or vacated office.

Textual Amendments

F19 Words inserted by S.I. 1969/586, art. 2(b)

F20 Words substituted by S.I. 1970/523, art. 3(e)

[F21 5A On 16th May 1975 each person holding office as a member of the Council who has been appointed by the Association of County Councils in Scotland or by the Scottish Counties of Cities Association shall go out of office; and any person, appointed as a member of the Council by the Convention of Scottish Local Authorities by virtue of paragraph 1(1)(b)(i) of this Schedule in respect of the period of office of members of the Council current at the date of the commencement of paragraph 29 of Schedule 6 to the M2 Local Government (Scotland) Act 1975, shall hold office until 31st January 1979 inclusive.]

Textual Amendments

F21 Para. 5A inserted by Local Government (Scotland) Act 1975 (c. 30), Sch. 6 Pt. II para. 29(c)

Marginal Citations

M2 1975 c. 30.

6 (1) The Secretary of State may, if owing to a change of circumstances he considers it expedient to do so, and after consultation with the Council and any other body or person who appears to him to be concerned, by order amend the foregoing provisions of this Part of this Schedule:

Provided that an order under this paragraph shall not reduce the proportion which the number of members of the Council who are elected members (other than principals of [F22 relevant institutions] ) bears, under the said foregoing provisions, to the total number of members.

(2) An order under this paragraph may contain such consequential and ancillary provisions as the Secretary of State thinks necessary for the purposes of the order.

Textual Amendments

F22 Words in Sch. 1 para. 6 substituted (16.5.1992) by Further and Higher Education (Scotland) Act 1992 (c. 37), s. 62(2), Sch. 9 para. 1(2); S.I. 1992/817, art. 3(2), Sch. 1.

[F23 6A In Part I of this Schedule, any reference to the principal of a relevant institution shall be construed, as regards a relevant institution which does not have as its sole or main activity the provision of courses for the education and training of teachers, as a reference to the person responsible to the principal of the institution for administering such courses.]

Textual Amendments

F23 Sch. 1 para. 6(A) inserted (16.5.1992) by Further and Higher Education (Scotland) Act 1992 (c. 37), s. 62(2), Sch. 9 para. 1(5)(d) ; S.I. 1992/817, art. 3(2), Sch.1.