The Scottish Government

Schedule 2: APPOINTMENT OF HEADTEACHERS OR DEPUTIES

This Schedule lays down procedures which education authorities are required to follow when they intend to fill a senior post in a school. The Schedule only applies when the post is to be filled on a substantive basis rather than on an acting basis. Where the post is to be filled on a substantive basis, education authorities are required to advertise vacancies for senior school staff and to establish appointment committees to consider candidates for those vacancies. The Schedule also determines the composition of the appointment committees; these must include the nominees of the School Board for whose school the appointment is to be made, nominees of the education authority and the headteacher (where appropriate). In the case of headteacher appointments, the Schedule also provides for the School Board to be consulted on the short leet of candidates.

Paragraph 2 provides that, where a School Board exists for the school to which an appointment is to be made, the Board are to nominate one half of the members of the appointment committee. The Board cannot, however, nominate members of the school staff, whether teaching or not, nor pupils of the school (even when these are Board members). The amendment to the section introduced by the Education (Scotland) Act 1996 puts beyond doubt that both teaching staff and non-teaching staff are debarred from membership of an appointment committee on the grounds that it is not appropriate for members of staff to have a deliberative role in the appointment of more senior members of staff. The Board is not obliged to nominate only Board members (although it is expected they will normally wish to do so). There may be circumstances where there are insufficient Board members available to serve, or where the Board believes some additional person would represent important interests _ perhaps a parent of a pupil at the school with special needs who is not a Board member.

The headteacher is automatically chairman of deputy headteacher appointment committees, but is not a Board nominee. (No minimum or maximum size for the appointment committee is set, but in setting up the committee the authority will need to take account of the size of the Board and the fact that they may not nominate staff members to the committee.) The remainder of the committee is to be nominated by the education authority. Like the Board, the authority may not nominate members of the staff of the school or pupils of the school to the committee. Again like the Board, the authority is not obliged to nominate only elected members or authority officers. In the case of the appointment of a headteacher, the chairman of the committee is to be one of the authority's nominees. Other than the headteacher, no member of the staff of the school may serve on an appointment committee. Paragraph 4 deals with the case where there is no School Board for the school.

Paragraph 4 provides that, if for any reason a school does not have a School Board (or Interim Board), an appointment committee is to consist entirely of the nominees of the education authority with, in the case of deputy headteacher posts, the headteacher of the school as chairman. The other provisions of the Schedule apply to committees constituted under this paragraph.

Application of the Local Government (Scotland) Act 1973 to Appointment Committees

Paragraph 5 makes a general provision for matters such as procedure and allowances for members of appointment committees by applying the provisions of Schedule 10 to the Local Government (Scotland) Act 1973 to appointment committees as if they were sub-committees of an education authority appointed under that Act. The following exceptions are, however, made.

1. Sections 56 and 57 of and Schedule 10 to the 1973 Act (which allow for discharge of functions by officers and others) are not to apply to the work of appointment committees;

(aa) in respect of the performance of his duties as a member of an appointment committee, a person _

(i) shall not, under or by virtue of that Act, be entitled to receive any allowance or expenses;

(ii) shall be entitled to receive under this sub-paragraph from the education authority such allowances and expenses as may be determined by the Secretary of State;

2. It will not be necessary for members of appointment committees to be members of the education authority;

Nothing in the 1973 Act is to:

• enable the functions of an appointment committee to be discharged by the education authority or anyone else;
• enable the education authority to control the activities of an appointment committee; or
• prevent an employee of an education authority from being a member of an appointment committee.

Conflict of Interest

Appointment committees are subject to limited conflict of interest provisions as a result of the application of the Local Government (Scotland) Act 1973 under paragraph 5 above.

Paragraph 5A introduces wider provisions which apply to appointment committees in the same way as the conflict of interest provisions in section 5A of the Act apply to meetings of the School Board and its committees. As appointment committees are constituted by the education authority, they are not meetings of the Board hence the need for separate provisions in the Schedule. As under section 5A, the effect of paragraph 5A is that members of an appointment committee must declare any material interest they, or a person connected with them, have in relation to any matter being considered; must withdraw from meetings where such a matter is under consideration; and must not vote on any question relating to the matter. The only exception from the requirement to declare a material interest is an interest which arises solely from being either the headteacher of the school or a parent of a pupil in attendance at the school.

Paragraph 5A(3) provides that section 346(2) of the Companies Act 1985 (meaning of "connected person") applies for the purpose of determining whether a person is connected with a member of the appointment committee as it applies for the purposes of determining whether a person is connected with a company director. The definition in section 346(2) includes a person's spouse, children and stepchildren, as well as a range of corporate bodies and other persons associated with the person or his spouse, children or stepchildren.

Short leet

Paragraph 6 provides that generally, a short leet for consideration by an appointment committee is to consist of at least three eligible applicants for the post. ("Eligibility" means eligibility under section 90 of the 1980 Act which provides that teachers must be registered by the General Teaching Council before being employed in education authority schools and under section 21 of the 1980 Act which requires that teachers appointed to denominational schools be approved as regards their religious belief and character by representatives of the church in whose interest the school is conducted.)

Paragraph 7 provides that where there are fewer than 4 eligible applicants for the post, the education authority has the discretion to omit from the leet any candidates that they consider unsuitable. This is subject to the qualification set out in paragraph 8 below that the short leet may not be reduced to fewer than two candidates in order to ensure choice for an appointment committee.

Preparation of short leet

Paragraphs 9 and 10 were amended by section 30 of the Standards in Scotland's Schools etc. Act 2000 and allow for a streamlined procedure whereby an authority prepares a short leet in consultation with the Board and the headteacher (if the post is that of deputy headteacher).

Paragraph 9 requires the education authority to prepare the short leet of candidates and send it to the appointment committee to consider and recommend one candidate for appointment unless the appointment committee considers that none of those on the leet is suitable.

Procedure of committee

Paragraphs 14 and 15 taken together give the education authority the opportunity to ensure that Boards and appointment committees are fully appraised of all the relevant professional issues and technical considerations in making senior appointments.

Paragraph 17 requires the education authority to appoint the person recommended by the committee unless the candidate is not eligible for the post. It is possible that a candidate who was (or appeared to be) eligible at the time the short leet was drawn up might have become ineligible by the time of the final recommendation. The education authority may not refuse to appoint a recommended candidate on grounds other than ineligibility. (The criteria for eligibility are defined in paragraph 6.)

Paragraph 19 prohibits any deputy headteacher from exercising the functions of a headteacher in relation to appointments. This provision therefore requires that any vacancy for the post of headteacher at a school has to be filled before permanent appointments to the post of deputy headteacher can be made. This reflects the importance of the headteacher as senior professional and manager in the school.