Education (Scotland) Act 1996

9 S In Schedule 2 (appointment of headteachers, deputies and assistants)—

(a) in paragraph 2 after the word “staff” there shall be inserted the words “ (whether teaching or not) ”;

(b) in paragraph 3 the words from “(other than” to “or sit)” shall cease to have effect;

(c) after paragraph 4 there shall be inserted the following paragraphs—

“4A (1) Subject to sub-paragraph (2) below, any reference in paragraphs 2 to 4 above to the headteacher of a school shall include a reference to any person appointed to act for the time being as the headteacher of that school if that person is not, himself, a candidate for the post.

(2) Where an education authority has reasonable grounds for considering a person acting as headteacher would not be a suitable person to be a member of and chair a committee under this Schedule, the authority may exclude him from so acting.

4B Where it appears to an education authority that an appointment committee cannot be constituted as mentioned in paragraphs 2 to 4A above, the authority may, after consultation with the Board, constitute an appointment committee made up of equal numbers of persons nominated by the authority and the Board with such other person as appears to the authority to be suitable as chairman.”;

(d) after paragraph 5 there shall be inserted the following paragraph—

“ Conflict of interest S

5A (1) Subject to sub-paragraph (2) below, where, whether before or during any meeting of the appointment committee, any member of the appointment committee becomes aware that he or any person connected with him has (whether directly or indirectly) a material interest in or relating to any matter to be or being considered by the appointment committee, he shall declare such interest and withdraw from the meeting during such consideration and shall not vote on any question relating to the matter.

(2) Nothing in sub-paragraph (1) above shall—

(a) require a member of the appointment committee to declare an interest or withdraw; or

(b) prohibit him from voting,

in relation to any matter where his interest exists by reason only of his being the headteacher of the school or a parent of a pupil in attendance at the school.

(3) Section 346(2) of the M1 Companies Act 1985 (meaning of “connected person”) shall apply for the purpose of determining whether a person is connected with a member of the appointment committee as it applies for the purpose of determining whether a person is connected with a director of a company; and for such purpose references in that section to a director of a company shall be construed as if they were references to such a member.

(4) The validity of any proceedings of the appointment committee shall not be affected by any failure to comply with this paragraph.”;

(e) for paragraphs 7 and 8 there shall be substituted the following paragraphs—

“7 Where there are fewer than 4 applicants who are eligible for the post the education authority may—

(a) subject to paragraph 12 below, omit the name of any candidate whom they consider to be unsuitable; or

(b) re-advertise the post.

8 Nothing in paragraph 7 above shall authorise the education authority to reduce the leet to fewer than 2 names.”;

(f) in paragraph 10 for the words from “the applicants” to the end there shall be substituted the words “ all applicants for the post who are eligible for it (as mentioned in paragraph 6 above) as the authority have in their possession or can readily obtain ”;

(g) in paragraph 12 for the words from “make” to the end there shall be substituted the words “ delete any name from the leet but may add to it the name of any applicant who is eligible for the post as mentioned in paragraph 6 above, including any applicant whose name has been omitted from the leet by the education authority under paragraph 7 above if the Board consider him suitable for the post ”.

Marginal Citations

M1 1985 c. 6.