Schools (Consultation) (Scotland) Act 2010 Explanatory Notes

1. Introduction

2. Summary and Background

3. Overview

4. Commentary on Sections

   1. Process for all schools

      1. Section 1 – Overview of key requirements

      2. Section 2 – Relevant proposals and consultees

      3. Section 3 – Educational benefits statement

      4. Section 4 – Proposal paper

      5. Section 5 – Correction of the paper

      6. Section 6 – Notice and consultation period

      7. Section 7 – Public meeting

      8. Section 8 – Involvement of HMIE

      9. Section 9 – Consultation report

      10. Section 10 – Content of the report

      11. Section 11 – Time for further consideration

   2. Special provision for rural schools

      1. Section 12 – Factors for rural closure proposals

      2. Section 13 – Explanation of approach

      3. Section 14 – Designation of rural schools

   3. Call-in by the Scottish Ministers

      1. Section 15 – Call-in of closure proposals

      2. Section 16 – Determination of case

      3. Section 17 – Grounds for call-in etc.

   4. General

      1. Section 18 – Ancillary provision

      2. Section 19 – Guidance

      3. Section 20 – Regulations

      4. Section 21 – Definitions

      5. Section 22 – Commencement and short title

      6. Schedule 1 – Relevant proposals

         1. Closure (paragraph 1)

         2. Establishment (paragraph 2)

         3. Relocation (paragraph 3)

         4. Admission arrangements (paragraph 4)

         5. Transfer from primary to secondary school (paragraph 5)

         6. Primary school commencement date (paragraph 6)

         7. Special class outwith a special school (paragraph 7)

         8. Transport to a denominational school (paragraph 8)

         9. Changing from denominational to non-denominational school (paragraph 9)

         10. Discontinuance of a further education centre (paragraph 10)

         11. Meaning of expressions used in this schedule (paragraphs 11 & 12)

      7. Schedule 2 – Relevant consultees

         1. Those to be consulted on proposals relating to schools (paragraphs 1 to 9)

         2. Those to be consulted on a proposal to discontinue a further education centre (paragraph 10)

         3. Gaelic and denominational consultees (paragraphs 11 & 12)

         4. Meaning of expressions used in this schedule (paragraph 13)

      8. Schedule 3 – Ancillary provision

         1. Modification of enactments (paragraphs 1 and 2)

         2. Transitional and transitory provision (for consultations which “straddle” the date of commencement) (paragraph 3)

         3. Transitional and transitory provision (for consultations which are completed prior to the date of commencement) (paragraph 4)

         4. Saving provision (paragraphs 5 & 6)

5. Parliamentary History