Education Service Act

The Act's short title is the Education Service Act, 2002.

This section provides definitions for terms used in the Act.

Lists the categories of public officers that constitute the Education Service: qualified/registered teachers, those eligible and licensed to teach, and other staff appointed by the Commission for education delivery.

The Commission must appoint any other officers and employees necessary; those officers and employees are public officers; and all officers of the Commission must take and subscribe the oath in Part II of the Second Schedule.

Sets meeting chairing rules, quorum, voting and decision-making procedures for the Education Service Commission, permits invitation of advisers without voting rights, allows decisions by circulation (with exceptions), and gives members a right to require deferral.

Members, employees and other persons performing Commission functions are not personally liable to civil or criminal proceedings for acts done in good faith in performing those functions.

Parliament must set the emoluments of Commission members and other administrative expenses, which are charged to the Consolidated Fund; the Commission may receive grants with the Minister of Finance's approval; the Secretary must administer and control funds and serve as accounting officer under the Public Finance Act.

The Commission must have a seal; the Commission may determine its form and the circumstances in which it is applied, subject to any law.

The Chairperson and Deputy Chairpersons must have specified qualifications; members are appointed by the President with Parliament's approval; persons are not qualified unless they meet listed criteria.

Every member of the Commission must, before assuming duties, take and subscribe to the Oath in Part I of the Second Schedule to this Act.

Persons holding certain offices must relinquish those offices when appointed as members of the Commission; all members must be full-time commissioners appointed for four years and are eligible for one re-appointment.

The Chairperson and other members of the Commission must be paid remuneration and given allowances at rates laid down by the Specified Officers Act, 1999.

The Commission shall perform a range of functions for the Education Service, including setting standards, advising the Ministry and the President, appointing and disciplining officers, reviewing service conditions, registering and grading teachers, keeping service records, supporting District Service Commissions, hearing delegated grievances, reporting annually to Parliament, and carrying out other prescribed functions.

The Secretary, subject to the Commission's general control, is responsible for carrying out policy decisions and managing the Commission's affairs and staff, arranging business and keeping minutes, and performing other functions assigned by the Commission.

The Commission must be independent and not subject to the direction or control of any person or authority, except it must take into account Government policy relating to education.

The Commission may consult any other authority before advising the President on appointments to the Education Service when it considers it expedient.

The Commission may require people to attend and give evidence, require production of relevant documents, and may cause witnesses to be examined on oath or affirmation.

Persons (except those notified solely regarding applications to the Education Service) must not fail to appear without reasonable cause or wilfully refuse to produce documents when required by the Commission; doing so is an offence with penalties of up to five currency points fine or three months' imprisonment or both.

People summoned to appear before the Commission as witnesses are entitled to reimbursement of expenses at the same rate as High Court criminal witnesses; other persons invited to assist may be paid reasonable allowances by the Commission.

A witness before the Commission is entitled to the same immunities and privileges as a witness before the High Court.

It is an offence for any person, outside the course of their duty, to improperly influence Commission decisions or to wilfully give false or materially incomplete information to the Commission; on conviction the offender is liable to a fine not exceeding thirty currency points or imprisonment not exceeding twelve months or both; giving references or supplying requested information or assistance are not unlawful under this section.

Members, officers and others must not publish or disclose Commission-related documents or information obtained in their duties without written consent or outside official functions; people who publish information known to have been wrongfully disclosed also commit an offence except when done for prosecution or official duty.

A prosecution for an offence under this Act may only be started with the consent of the Director of Public Prosecutions.

The Commission may, by writing, delegate any of its functions to a District Service Commission or any other authority or officer; guidelines issued by the Commission are binding on District Service Commissions and the Commission may set aside actions by a District Service Commission that contravene those guidelines.

A District Service Commission must submit to the Commission a report on how it performed its functions in relation to the Education Service after every four months and whenever the Education Service Commission requires a report.

The Commission may liaise and consult with other Service Commissions established by the Constitution to harmonise standing orders, regulations and remuneration of public officers.

The Commission must consult the Minister from time to time on policy matters while carrying out its functions; the Minister may make representations to the Commission (subject to Article 168(2)) and the Commission must take those representations into account.

The Minister responsible for education may, after consultation with specified ministers and local government councils, require teachers in a District Council's Public Service to serve in another district; transfers between central and local public service require approval of the appropriate authority after consultation.

The Commission may make standing orders for administration and terms of service of public officers in the Education Service; until it does, existing public service standing orders (with necessary modifications) continue to apply and the Commission may later amend or revoke them.

Persons aggrieved by registration or teaching licence decisions may appeal to the Commission within thirty days; Commission may confirm, vary or reverse; further appeal to the High Court is available within thirty days and the High Court may confirm, vary, reverse or remit; the High Court's decision is final.

The Commission may, by statutory instrument, make regulations.

The Minister may amend the First Schedule to the Act, subject to the Cabinet's approval and by statutory instrument.

The section repeals the Public Service (Teachers) Act, 1969 and provides that persons employed by the Ministry responsible for education immediately before commencement shall continue in the Education Service on not less favourable terms; district-employed education staff remain employed by their district but form part of the Education Service; the Public Service Commission may make arrangements and effect steps (including transfers) to implement the section without prejudicing public officers; pending proceedings under the repealed enactment may be continued under this Act as consistent.