Education (Scotland) Act 1980

100 Determination of complaints. S

[F1 (1) This section applies—

(a) in a case where—

(i) a notice of complaint has been served under section 99(1) of this Act;

(ii) no appeal under section 99(3) of this Act has been made or such an appeal has been made and refused;

(iii) the period specified in the notice has expired; and

(iv) the Scottish Ministers are not satisfied that the proprietor of the school on whom the notice is served has taken satisfactory action to remedy the matter complained of;

(b) in a case where—

(i) such a notice has been served;

(ii) such an appeal has been made but not determined; and

(iii) pending such determination, the Scottish Ministers are satisfied that there is a serious risk of harm to a pupil attending the school; or

(c) where, by virtue of section 99(1B) of this Act, no such notice has been served.

(2) The Scottish Ministers may—

(a) make an order directing the Registrar to remove the school from the register;

(b) if satisfied that the school premises are or any part of them is unsuitable for use as a school, make an order disqualifying those premises or any part of them from being so used;

(c) if satisfied that any accommodation provided at the school premises is inadequate or unsuitable, having regard to the number, ages and sex of the pupils attending the school, make an order disqualifying that accommodation from being used as such or from being used as such for pupils—

(i) exceeding such number; or

(ii) of such age or sex,

as the Scottish Ministers may specify;

(d) make an order—

(i) imposing such conditions on the carrying on of the school; or

(ii) varying any such conditions imposed by virtue of this Part of this Act,

as the Scottish Ministers think fit; or

(e) if satisfied that—

(i) the proprietor is not a proper person to be the proprietor of an independent school; or

(ii) a teacher in the school is not a proper person to be a teacher in any school,

make an order disqualifying that proprietor from being the proprietor of an independent school or, as the case may be, that teacher from being a teacher in any school.

(3) Where the Scottish Ministers make an order under subsection (2) above, they shall, as soon as reasonably practicable after so doing, give notice to—

(a) the proprietor;

(b) where, under paragraph (e) of that subsection, an order is made disqualifying a teacher, that teacher;

(c) the Registrar; and

(d) any other person or body the Scottish Ministers think fit,

of the order.

(3A) Subject to subsection (3C) below, the proprietor of an independent school may, before the expiry of the period of 28 days beginning with the day on which that proprietor is given notice under subsection (3)(a) above, appeal to the sheriff principal against an order under subsection (2) above.

(3B) A teacher disqualified by an order under subsection (2)(e) above may, before the expiry of the period of 28 days beginning with the day on which that teacher is given notice under subsection (3)(b) above, appeal to the sheriff principal against the order.

(3C) The proprietor of an independent school may not appeal against an order under subsection (2)(e) above disqualifying a teacher from being a teacher in any school.]

(4) Where by virtue of an order made [F2 under this Part of this Act] any person is disqualified either from being the proprietor of an independent school or from being a teacher in any school, then, unless the order otherwise directs, that person shall, by virtue of the order, be disqualified both from being the proprietor of an independent school and from being a teacher in any school.

Textual Amendments

F1 S. 100(1)-(3C) substituted (31.12.2005) for s. 100(1)-(3) by School Education (Ministerial Powers and Independent Schools) (Scotland) Act 2004 (asp 12), ss. 5(3), 9(2); S.S.I. 2005/570, art. 2(a) (with art. 3(2))

F2 Words in s. 100(4) substituted (31.12.2005) by School Education (Ministerial Powers and Independent Schools) (Scotland) Act 2004 (asp 12), s. 9(2), sch. 1 para. 1(4); S.S.I. 2005/570, art. 2(c) (with art. 3(2))