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Self-Governing Schools etc. (Scotland) Act 1989

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Changes over time for: Paragraph 5

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Version Superseded: 31/12/2004

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Point in time view as at 01/02/1991.

Changes to legislation:

There are currently no known outstanding effects for the Self-Governing Schools etc. (Scotland) Act 1989, Paragraph 5. Help about Changes to Legislation

5(1)An appeal committee may, on a reference under paragraph 3 of this Schedule, confirm the decision of a board of management if satisfied—S

(a)that one or more of the grounds of refusal specified in paragraph 2(2) of this Schedule exists or exist; and

(b)that, in all the circumstances, it is appropriate to do so,

but otherwise shall refuse to confirm the board’s decision and shall, where they so refuse, require the board to admit the child.

(2)An appeal committee shall notify their decision under this paragraph, and the reasons for the decision, in writing to the parent who made the reference and to the board; and, where they confirm the board’s decision, they shall inform the parent of his right of appeal to the sheriff under paragraph 6 of this Schedule.

(3)Where a decision of an appeal committee under this paragraph is inconsistent with any decision of the board refusing an application for admission in respect of another child at the same time, the other child being at the same yearly stage of school education, the board shall review their decision as regards the other child and shall inform the parent of that child, in writing, of their decision upon that review and the reasons for such decision.

(4)The decision of a board upon a review under sub-paragraph (3) above not to reverse their decision to refuse the application in respect of the other child may be referred to an appeal committee by the parent of the other child as if the decision upon the review were a decision to refuse the application; and the provisions of this Schedule relating to references of decisions upon such applications, and appeals from such decisions, shall apply accordingly.

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