Scheme of Administration

SECTION 4

EDUCATION EXECUTIVE

Constitution
1. Seventeen members comprising -
(a) Twelve Members of the Executive.
(b) Three other persons interested in the promotion of religious education appointed by the Council from nominations to be made in accordance with Annexation A to this Section.
(c) Two teachers in the employment of the Council appointed by the Council from nominations to be made in accordance with Annexation B to this Section.

Chairman
2. The Executive Member for Education be Chairman of the Education Executive.

Quorum
3. Seven Elected Members of the Council shall constitute a quorum.

Functions Referred
4. The following functions of the Council shall stand referred to the Committee:-
(1) Consideration or alteration, within the policy framework established by the Council, of policy objectives and priorities in relation to Education.
(2) Exercising the functions of the Council under the Education (Scotland) Acts, and any other relevant statutes.In particular, and without prejudice to the above principal terms of reference:-
(3) All matters relating to education including pre-school education, primary education, secondary education and community education.
(4) Any participation by the Council in matters related to careers advice and placement in employment, including the Council's interest in and relationship with the Scottish Borders Careers Company.
(5) All matters relating to the Council's involvement in the provision of national and local youth and adult training schemes.
(6) The appointment of representatives of the Council on outside bodies relating specifically to any of the functions delegated to the Committee, other than any appointments referred to in paragraph 7 (k) of Section II of this Scheme.
(7) All matters relating to the administration of bursaries.
(8) All matters relating to School Boards.
(9) Within the context of the approved Revenue Budget, the approval of proposals for virement in terms of Financial Regulation 7.9.

Functions Delegated
5 All functions referred to the Committee except as provided in Section II hereof and the change of status, or closure, of any school.

ANNEXATION A

REGULATIONS

for Nominations of Persons interested in the Promotion of Religious
Education to be Appointed to the Education Executive

1. The Council shall appoint three persons interested in the promotion of religious education to be members of the Education Executive in accordance with Section 124 of the Local Government (Scotland) Act 1973, as amended by Section 31 of the Local Government etc. (Scotland) Act 1994.
2. The appointments shall be made by the Council as soon as possible after the ordinary statutory election of Councillors in the month of May and, subject to Regulation 5(e), the persons will be appointed and hold office until the day of the next ordinary statutory election of Councillors.
3. One person interested in the promotion of religious education shall be nominated by the General Assembly of the Church of Scotland in terms of Section 124 of the Local Government (Scotland) Act 1973 as amended. The Head of Corporate Administration shall, in a year of an election of Councillors, request the Principal Clerk of the General Assembly of the Church of Scotland to submit to him a nomination of the person not later than the First day of May in that year.
4. One person interested in the promotion of religious education shall be nominated by the Roman Catholic Church, in such manner as may be determined by its Scottish Hierarchy in terms of Section 124 of the Local Government (Scotland) Act 1973 as amended. The Head of Corporate Administration shall, in a year of an election of Councillors, request the Archbishop of Edinburgh and St. Andrews to submit to him a nomination of the person not later than the First day of May in that year.
5. One other person interested in the promotion of religious education shall be nominated in terms of Section 124 of the Local Government (Scotland) Act 1973, as amended. The nomination shall be made in accordance with the following provisions:-
(a) Not later than the Fifteenth day of March in the year of an election of Councillors, the Head of Corporate Administration, by advertisement in one or more newspapers circulating in the Area, shall give notice that the Churches or denominational bodies (other than the Church of Scotland and the Roman Catholic Church) who claim to have duly constituted charges or other regularly appointed places of worship within the Area and to be entitled to be represented at the meeting for nomination of one person with a view to appointment as a member of the Education Executive, may obtain copies of these Regulations on application to him; and that each of these Churches or denominational bodies who desire to be represented at the meeting for the nomination of one person with a view to appointment as a member of the Education Executive must transmit to him prior to the Thirty first day of March -

(i) A certified list of the names and situations of the duly constituted charges or other regularly appointed places of worship which such church or other denominational body claims to have within the Area;
(ii) A certified statement of the number of representatives whom such church or denominational body claims to be entitled to have at the said meeting calculated in accordance with the following scale -
    Number of duly constituted charges or                                    Number of representatives
    other regularly appointed places of worship                             at meeting

    Not more than three                                                                One
    More than three and not more than six                                     Two
    More than six and not more than ten                                        Three
    More than ten and not more than fifteen                                   Four
    More than fifteen and not more than twenty                             Five
    Each ten in excess of twenty                                                   One additional

(iii) The full names and postal addresses of the persons appointed to represent such Church or denominational body at the said meeting.
(b) Not later than the Seventh day of April, the Head of Corporate Administration shall -
(i) Prepare a list of the Churches or denominational bodies who have claimed to have duly constituted charges or other regularly appointed places of worship within the Area, which list shall, as regards each Church or denominational body included therein, show the total number of duly constituted charges or other regularly appointed places of worship and the number of representatives at the aforesaid meeting which such Church or denominational body has claimed.
(ii) Transmit a copy of such list to each of the Churches or denominational bodies included therein, and at the same time intimate to such Churches or denominational bodies that they may inspect at his office all the certified lists of the duly constituted charges or other regularly appointed places of worship and all the certified statements of the numbers of representatives claimed at the aforesaid meeting which he has received from Churches or denominational bodies in the Area; and that any Church or denominational body included in the list may, within seven days after the date of such intimation, lodge with him objections to any of the certified lists or certified statements on the ground that such list or statement is inaccurate.
(c) If any objection to any such certified list or certified statement on the ground that it is inaccurate is received by the Head of Corporate Administration in accordance with the immediately preceding paragraph, he shall, as soon as reasonably may be, fix a time and place for the hearing and determination of such objection and send a copy of each such objection to each Church or denominational body included in the list and intimate the time and place fixed for the hearing and determination of the objections, and each Church or denominational body included in the list may be represented at such hearing and determination by not more than two representatives. The Convener or a person nominated by him shall preside at such hearing and, after such procedure as he may prescribe, shall determine whether the objection is well founded and shall in accordance with the scale prescribed in paragraph (a)(ii) of this Regulation, fix the number of representatives whom each church or denominational body shall be entitled to have at the meeting for the nomination of a person in terms of this Regulation. The determination of the Convener or the person appointed by him shall be final and not subject to review.
(d) If no such objections are received or upon the determination of any such objections, the Head of Corporate Administration shall call a meeting of the representatives appointed by the Churches or denominational bodies for the purpose of nominating a person with a view to such person being appointed a member of the Education Executive. Such meeting shall be held in the Council's Headquarters, Newtown St. Boswells, not later than the Thirtieth day of April and shall be called by circular addressed and sent by post to each representative not less than six days prior to the date of the meeting. The Convener, or such other person appointed by him, shall preside and conduct and regulate the proceedings at the meeting, but he shall have only a casting vote. Each representative of a Church or denominational body present at the meeting shall have one vote only. The Head of Corporate Administration shall report the result of such meeting of representatives to the Council as soon as possible after the ordinary statutory election of Councillors.
(e) In the event of a casual vacancy among the members of the Education Executive appointed in accordance with this Regulation, the provisions contained in this Regulation shall apply to and govern the constitution and covering of the meeting of representatives of Churches or denominational bodies for the purpose of filling such vacancy. The Head of Corporate Administration shall determine the dates for taking the action required of him, allowing periods of time between events similar to those specified in the preceding sub-paragraphs.

ANNEXATION B

REGULATIONS

for Nominations of Teachers to be Appointed to the
Education Executive

1. The Council shall appoint two Teachers in the employment of the Council as Teachers' Representatives to be members of the Education Executive.
2. The appointments shall be made by the Council as soon as possible after the ordinary statutory election of Councillors in the month of May and, subject to Regulation 13, the Teachers' Representatives shall be appointed and hold office until the day of the next ordinary statutory election of Councillors.
3. Teachers entitled to nominate and vote for Teachers' Representatives and teachers entitled to be nominated as Teachers' Representatives shall be registered teachers holding full-time permanent appointments with the Council and engaged in Primary or Secondary Education as at the First day of March in the year of election.
4. A teacher shall be entitled to nominate and vote for not more than two Teachers' Representatives.
5. The Convener or a person nominated by him shall be the Supervising Officer to supervise the nominations of Teachers' Representatives and the decisions of the Supervising Officer on all matters relating to the nominations shall be final and not subject to review.
6. Not later than the Fifteenth day of March in the year of an election of Councillors, the Director of Education & Lifelong Learning shall send to all teachers entitled to nominate Teachers' Representatives a notice specifying the right of each teacher to nominate not more than two Teachers' Representatives and the arrangements for making nominations of Teachers' Representatives and for voting on the nominations if necessary.
7. Each nomination shall be on a form prescribed by the Director of Education & Lifelong Learning and shall be signed by two teachers, one as proper and one as seconded, and shall be counter-signed by the nominee to signify his or her consent to the nomination.
8. Candidates may provide a personal statement of not more than 250 words which statement must either accompany the nomination form or be lodged with the Director of Education & Lifelong Learning on the Seventh day of April in the year of the election at the latest. The statement will be reproduced and circulated by the Director of Education & Lifelong Learning with the ballot papers. Statements must not be defamatory, offensive, obscene, likely to incite racial hatred or political in nature or designed to effect public support for a political party. If any part of the personal statement is not permitted by reason of being defamatory, offensive, obscene, likely to incite racial hatred or political in nature, the circulation of it will be refused by the Returning Officer unless suitably amended by the candidate or candidates concerned. The candidates remain responsible for their own personal statement
9. Nominations must be lodged with the Director of Education & Lifelong Learning at Council Headquarters, Newtown St. Boswells, not later than 4 p.m. on the Thirty first day of March in the year of election.
10. Immediately after the closing date for the receipt of nominations, the Director of Education & Lifelong Learning shall issue to each teacher who is validly nominated, a list of the names and addresses of all teachers who are validly nominated. A teacher may withdraw his or her nomination by written intimation to that effect lodged with the Director of Education & Lifelong Learning not later than 4 p.m. on the Seventh day of April in the year of election.
11. Where more than two teachers remain validly nominated the Director of Education & Lifelong Learning shall, not later than the Fifteenth day of April in the year of election, send ballot papers to all the teachers entitled to vote.
12. Ballot papers, duly completed, shall be lodged in sealed marked envelopes with the Director of Education & Lifelong Learning not later than 4 p.m. on the Twenty fifth day of April in the year of election.
13. The Supervising Officer shall make arrangements for the ballot papers to be opened and the votes to be counted not later than the Thirtieth day of April in the year of election and shall forthwith notify the names of the persons duly nominated as Teachers' Representatives to the Chief Executive who shall report the names to the Council as soon as possible after the ordinary statutory election of Councillors.
14. In the event of a casual vacancy among the Teachers' Representatives on the Education Executive, the provisions contained in these Regulations shall apply to and govern the nomination of a successor Teachers' Representative. The Director of Education & Lifelong Learning shall determine the dates for taking the action required of him allowing periods of time between events similar to those specified in the preceding Regulations. The teachers entitled to nominate and vote for the Teachers' Representatives shall be registered teachers holding full-time permanent appointments with the council and engaged in Primary or Secondary Education all as at the Fifteenth day prior to the date fixed by the Director of Lifelong Learning for issuing the notice specified in Regulation 6 above.

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