House of Commons Hansard Debates for 20 Jun 1989

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Clause 62

Abolition of committee to consider pay and conditions of teaching staff employed in providing further education

Amendments made : No. 14, in page 41, line 40, after first or', insert--

, as the case may be, an'.

No. 15, in page 41, line 40, leave out

subsection (8) or, as the case may be, (9) of'.

No. 16, in page 41, line 42, leave out it' and insert

the order, settlement, determination or award'.

No. 17, in page 42, line 4, leave out or determination' and insert determination or award'.-- [Mr. Michael Forsyth.]

Clause 65

Appraisal of teachers

Amendments made : No. 18, in page 44, leave out line 6 to 8 and insert--

(3) Subject to regulations made under this section, an employer may at any time vary or replace a scheme made in accordance with those regulations and, if such regulations so require, he shall-- (

(a) before making, varying or replacing any such scheme, consult any body representing teaching staff who are to be affected by the scheme as proposed to be made, varied or replaced ;

(b) before proceedings with appraisal under any such scheme as so made, varied or replaced, submit it to the Secretary of State'. No. 19, in page 44, leave out lines 15 to 18.

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No. 20, in page 44, line 27, leave out any' and insert each'.-- [Mr. Michael Forsyth.]

Clause 72

Interpretation

Amendments made : No. 108, in page 47, line 30, leave out and (2)'.

No. 109, in page 47, line 34, after Act', insert

( any such board constituted in accordance with Schedule 4 to this Act being referred to as an "interim board of management")'. -- [Mr. Michael Forsyth.]

Clause 73

Commencement

Amendment made : No. 110, in page 49, line 8, leave out 66,'.-- [Mr. Michael Forsyth.]

Schedule 10

Minor and Consequential Amendments

Amendment made : No. 21, in page 65, leave out lines 4 to 16 and insert--

1. In subsection (5) of section 5 of the Universities (Scotland) Act 1889 (which relates to the constitution of university courts), for the words "the principal" there shall be substituted the words "a vice-chairman elected by the Court from among all its members,".'. No. 48, in page 69, line 8, at end insert--

(7A) In section 49 (power of education authorities to assist persons to take advantage of educational facilities), after subsection (2) there shall be inserted the following subsection-- "(2A) In subsection (2) above, references to attending school are to so attending not only where the school is in Scotland, but also where it is in England and Wales or in Northern Ireland ( school education' being construed accordingly).".

(7B) In section 50 (education of pupils in exceptional circumstances)--

(a) in subsection (1), for the words "an appropriate school or college" there shall be substituted the words

", in any case falling under--

(i) paragraph (a) of this subsection, an appropriate school ; and (

(ii) paragraph (b) thereof, the particular school." ;

(b) after subsection (1) there shall be inserted the following subsection--

"(1A) In subsection (1) above, references to an appropriate school and to a particular school are references not only to schools in Scotland but also to schools in England and Wales or in Northern Ireland ( school education' being construed accordingly)." ; and (

(c) in subsection (2)(a), for the words "section 51 of this Act" there shall be substituted the words "subsection (1) of section 51 of this Act (for the purposes of this paragraph, any reference in that section to a school being construed as a reference not only to a school in Scotland but also to a school in England and Wales or in Northern Ireland).".'.

No. 22, in page 69, line 44, at end insert--

(16A) In paragraph (a) of section 97C (interpretation of sections 91 to 97B --

(a) the words "(i)" and "(or)" and sub-paragraph (ii) shall cease to have effect ;

(b) after the word "may" there shall be inserted the words "from time to time" ; and

(c) after the word "determine ;" there shall be inserted the words "and the provisions of those sections shall accordingly not apply in relation to such teachers or

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other persons employed by education authorities in Scotland in, or in connection with, the provision of school education as are excluded from, the definition of "teaching staff" by such an order ;".'.-- [Mr. Maclean.]

Schedule 11

Repeals

Amendments made : No. 49, in page 71, line 39, after (c) ;' insert and'.

No. 50, in page 71, line 41, leave out and the words "or college".'.

No. 23, in page 72, line 4, after both', insert other'. No. 24, in page 72, line 18, at end insert

In paragraph (a) of section 97C, the words "(i)" and "or", and sub- paragraph (ii) ;'.-- [Mr. Maclean.]

New Clause 13

Further provision as to appointment of teachers

After section 87 of the 1980 Act there shall be inserted the following sections--

Appointment of principal teachers 87A. Where an education authority intends to fill a post, other than on an acting basis, of a principal teacher in a school, they shall advertise the post in such publications circulating throughout Scotland as they consider appropriate.

Selection of teachers 87B. Without prejudice to section 7 of the Local Government and Housing Act 1989 (which provides for the appointment of staff of local authorities to be made on merit) and to any requirement in any other enactment as to the considerations to which they may or may not have regard in making appointments, an education authority who are considering an appointment of a teacher shall not exclude any person from consideration for such an appointment on the ground that--

(a) he is not employed by that education authority ; or (b) he is or is not employed by a particular employer or class of employer ; or

Brought up, read the First and Second time, and added to the Bill.

New Clause 14

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 Education (Scotland) Act 1981) ; or

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

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

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or impliedly, to an alteration of the remuneration payable to, or the terms and conditions of employment of, that group of persons ; or

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 paragraphs (a), (b) or (c) of subsection (2) above.'.-- [Mr. Michael Forsyth.]

Brought up, read the First and Second time, and added to the Bill.

New Clause 17

Educational services : extension of power of Secretary of State to make grants

In section 73(d) of the 1980 Act (power of Secretary of State to make grants to persons providing education or educational services other than education authorities, universities and managers of educational establishments)--

(a) the word "for" shall be inserted before the words "providing education or educational services" and shall with those words constitute sub- paragraph (i) ; and

(b) after that sub-paragraph there shall be inserted the word "or" and the following sub-paragraph--

"(ii) in respect of expenditure incurred or to be incurred by them for the purposes of, or in connection with the provision (or proposed provision) of education or educational services.".'.-- [Mr. Michael Forsyth.] Brought up, read the First and Second Time, and added to the Bill.

New Clause 22

Requirement for provision by education authority of administrative, professional or technical services

(1) Without prejudice to section 1 of the Local Authorities (Goods and Services) Act 1970 (power of local authority and public body to enter into agreement for certain purposes) the board of management of a self-governing school may require the education authority to provide them with any administrative, professional, technical or other services which the authority provide to or in respect of schools under the authority's management.

(2) An education authority may make such charge as is reasonable for any services which they are required under subsection (1) above to provide ; and they shall in determining what charge to make have regard both to the cost of providing the services and to any guidance issued by the Secretary of State in respect of any such charge. (3) In the event of any dispute arising between the education authority and the board of management as regards the reasonableness of any such charge, the matter may be referred by either party to the Secretary of State, whose decision in that regard shall be final.'.-- [Mr. Michael Forsyth.]

Brought up, read the First and Second time, and added to the Bill.

New Clause 23

Functions of school board : application of certain provisions of 1988 Act

.--(1) In so far as the context admits, functions under this Act of a school board are, for the purposes of--

(a) section 5 of the 1988 Act (advice to boards) matters within the competence of the board ;

(b) sections 8(1) (exercise of functions of boards) and 19 (allowances for members) of that Act functions of the board ; (

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(2) Subsection (1)(b) of section 17 of the 1988 Act (financing of boards) shall apply in relation to functions of a school board under this Act as it applies to such functions under that Act ; and subsection (3) of that section shall be construed accordingly.'.-- [Mr. Michael Forsyth.]

Brought up, read the First and Second time, and added to the Bill.

Ballot expenses . Subject to section 14(2) of this Act, an education authority who have received written notice under subsection (6) of section 13 of this Act from a school board shall neither pay any sum nor incur any expense, for the purpose of influencing the outcome of the ballot provided for by subsection (1) of the said section 16, in excess of such maximum amount as may be prescribed ; and the school board may, for the purposes of the ballot, require the Secretary of State to make payment to them under this section of sums whose total does not exceed that amount in respect of such expenses as they may incur in promoting the acquisition of self- governing status by the school.'.-- [Mr. Michael Forsyth.]

Brought up, read the First and Second time, and added to the Bill.

New Clause 25

Recurrent grant in respect of provision for special educational needs

.--(1) For each financial year, recurrent grant payable in respect of any self-governing school--

(a) which is a special school ; or

(b) (in the case of a school which is not a special school) in so far as is attributable to expenditure for the purpose of making provision for pupils in attendance at the school who are persons whose needs are recorded by the education authority in implementation of the authority's duty under section 60(2)(b) of the 1980 Act (duty to keep record of needs).

shall be determined having regard to the following provisions of this section.

(2) The education authority and the board of management shall attempt to reach agreement as to--

(a) in the case of a special school, what educational and other provision is to be made in the financial year for the pupils in attendance at the school, the estimated cost of that provision and the estimated expenditure incurred or to be incurred for the purposes of the board's other functions under section 7(1) of this Act in that year ;

(b) in any other case, what provision is to be made in that year for such pupils as are mentioned in paragraph (b) of subsection (1) above and the estimated cost of that provision.

and any such agreement, or a failure to reach such agreement, shall be timeously intimated by the board of management to the Secretary of State.

(3) If intimation under subsection (2) above is of a failure to reach agreement or if the Secretary of State does not accept any aspect of an intimated agreement, he shall himself determine the matters mentioned in paragraph (a) or as the case may be (b), of subsection (2) above in determining under section 25(2) of this Act the amount of recurrent grant payable in respect of the school ; and his determination as to the said matters shall (without prejudice to the provision made by subsection (2) of section 25 of this Act as to revision) be final.

(4) In determining under section 25(2) of this Act the amount of recurrent grant payable in respect of a school, the Secretary of State shall, where he does not make a determination under subsection (3) above, regard an agreement intimated under subsection (2) above as determining the matters to which it relates.

(5) Grant regulations may prescribe--

(a) what information is to be--

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(i) exchanged between an education authority and a board of management for the purposes of their duty under subsection (2) above or for the purposes of subsection (6) below ;

(ii) provided to the Secretary of State by the authority and the board for the purposes of his considering any agreement intimated to him under that subsection or subsection (7) below or himself making a determination under subsection (3) above or a variation under subsection (8) below ;

(b) the dates by which, in respect of any financial year, such information as is mentioned in paragraph (a) above is to be provided ;

(c) the latest date by which, in respect of any financial year, any agreement, or failure to reach agreement, is to be intimated to the Secretary of State under subsection (2) above.

(6) In a case where an amount of recurrent grant payable has been determined in accordance with subsection (4) above, during the course of the financial year the education authority and the board of management--

(a) may agree ; and

(b) if the Secretary of State so requires, shall attempt to reach agreement as to, a variation of their agreement under subsection (2) above.

(7) The board of management shall intimate to the Secretary of State any variation agreed, or any failure to reach an agreement, under subsection (6) above ; and the Secretary of State shall, if he accepts any agreement reached, vary the amount of recurrent grant payable accordingly.

(8) Where the Secretary of State does not accept an agreed variation intimated under subsection (7) above, or where he has imposed a requirement under subsection (6) above but the education authority and the board of management are unable to agree on a variation of their agreement under subsection (2) above, he may himself vary the amount of recurrent grant payable but he shall not otherwise vary that amount in a case such as is mentioned in subsection (6) above.'.-- [Mr. Michael Forsyth.]

Brought up, read the First and Second time, and added to the Bill.

New Clause 26

Disposal of land by board of management-- . --(1) This section applies where a board of management seek the consent of the Secretary of State to the disposal of land which was--

(a) transferred to the board under section 32 of this Act ; or (

(b) acquired by the board, wholly or partly, with the proceeds of the sale of land which was transferred as mentioned in paragraph (a) above ; or

(c) acquired by the board, wholly or partly, with the proceeds of the sale of land which was acquired, wholly or partly--

(i) as mentioned in paragraph (b) above ; or

(ii) with the proceeds of any subsequent sale of any such land. (2) Where the consent of the Secretary of State is sought as mentioned in subsection (1) above, he may--

(a) require the board of management to transfer the land, or any part of it, to the education authority upon payment by the authority to the board of such consideration, if any, as he considers appropriate ; or

(b) except in a case where the land is being transferred to the education authority, require the board of management to pay to the authority all, or any part of, the consideration which they receive in respect of the disposal of the land.

(3) Where any land such as is mentioned in subsection (1) above is compulsorily acquired from a board of management, they shall-- (

(a) not require to seek the consent of the Secretary of State to such disposal ; but

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