Schools (Consultation) (Scotland) Act 2010

15 Call-in of closure proposals

(1) Subsections (2) to (6) apply where, in relation to any school, an education authority has decided to implement a closure proposal.

(2) The education authority must—

(a) notify the Scottish Ministers of that decision within the period of 6 working days starting with the day on which the decision is made,

(b) along with that notification, give them a copy of—

(i) the proposal paper,

(ii) the consultation report.

(3) Before the expiry of 6 weeks starting with the day on which that decision is made, the Scottish Ministers may issue a call-in notice to the education authority.

(4) In considering whether to issue a call-in notice, the Scottish Ministers are to take account of any relevant representations made to them (by any person) within the first 3 weeks of that 6 week period.

(5) A call-in notice has the effect of remitting the closure proposal to the Scottish Ministers.

(6) The education authority may not proceed further with the proposal before the expiry of the 6 week period within which a call-in notice may be issued as respects the proposal.

(7) But the restriction in subsection (6) ceases to apply if (before the end of that period) the Scottish Ministers inform the education authority that they do not intend to issue a call-in notice as respects the proposal.

(8) In subsection (6), the reference to proceeding further with the proposal is to implementing it (wholly or partly).