Education (Scotland) Act 1980

112 Procedure in preparation of reorganisation schemes.S

(1)Before making a scheme for the reorganisation of any educational endowment [F1an education authority] shall prepare a draft scheme and shall—

(a)send copies of the draft scheme to the governing body of the endowment to which it relates;

[F2(b)give notice of the draft scheme in accordance with subsection (1A) below and cause it to be published in such other manner, if any, as they think fit; and

(c)permit public inspection of the draft scheme at such places and during such times as may be specified in the notice given by them under paragraph (b) above;]

and the governing body of that endowment or any other person interested in the scheme may, not later than the expiry of the period of one month from [F3the first notice of the draft scheme given by the authority under paragraph (b) above], send in writing to the [F4education authority] objections to the draft scheme, or proposed amendments thereto, or both.

[F5(1A)The notice to be given under subsection (1)(b) above—

(a)shall be by way of advertisement in a newspaper circulating in the area in which each educational establishment to which the endowment relates is situated or, where the endowment relates to no particular educational establishment, the area in which the beneficiaries of the endowment are required under its governing instrument to reside or with which they are so required to have some other connection;

(b)shall state that written objections to and proposed amendments of the scheme may be made in the manner specified in subsection (1) above; and

(c)shall state the places and times at which the draft scheme may be examined under subsection (1)(c) above.

(1B)The requirement under subsection (1A) above to give notice of the draft scheme by way of newspaper advertisement shall not apply in relation to an educational endowment of less annual value than £500 if, by giving notice in another manner, the education authority incur less expense.]

(2)If within the period referred to in subsection (1) above no objection and no proposed amendment to the draft scheme is received by [F6them, the education authority may, by resolution of the authority authorising their proper officer to sign the scheme on their behalf,] make the scheme in the terms of the draft scheme [F7of which notice has been given] under subsection (1) above [F8and on doing so shall notify the date of commencement of the scheme to the governing body of the endowment.]

(3)If within the said period objections or proposed amendments to the draft scheme are received by [F9them, the education authority] shall consider those objections and proposed amendments [F10, shall, if any of them were sent by any of the persons mentioned in subsection (7) below, hold a public local inquiry into such of them as are not withdrawn] and may thereafter, if [F11they think] fit, [F12by resolution of the authority authorising their proper officer to sign the scheme on their behalf, make the] scheme in such form as [F11they think] expedient.

[F13(3A)[F14Section 56 of] the M1Local Government (Scotland) Act 1973 shall not apply to the making of a scheme by an education authority under subsection (2) or (3) above.

(3B)The person appointed by the education authority to hold a public local inquiry under subsection (3) above shall not be a member or officer of the authority or a member or employee of the governing body of the endowment to which the scheme relates.

(3C)Without prejudice to their duty to hold a public local inquiry in the circumstances mentioned in subsection (3) above, an education authority may, if they consider it appropriate, hold a public local inquiry into any matter to which they may properly address themselves in the exercise of their functions under this Part of this Act.]

(4)If [F15an education authority make] a scheme under subsection (3) above, [F16they] shall as soon as practicable thereafter—

(a)give to the persons who made the objections or, as the case may be, proposed the amendments to the draft scheme notice in writing of [F17their] decision with respect to those objections or amendments, together with a statement in writing of the reasons for [F17their] decision;

(b)send copies of the scheme to the governing body of the endowment to which it relates;

[F18(c)cause notice of the scheme to be given in accordance with subsection (1A)(a) and (c) above, containing a statement that, unless not later than the expiry of the period of one month from the first such notice a petition or appeal is presented to the Court of Session in accordance with the following provisions of this section, the scheme will come into operation on such date as the notice may specify, being not less than one month after the date of the first such notice.]

[F19(5)If no petition or appeal is presented to the Court of Session in accordance with the following provisions of this section, the scheme shall come into operation on the date specified in the notice under subsection (4)(c) above.

(5A)If a petition or appeal is presented to the Court of Session in accordance with the following provisions of this section and is refused by the Court, the Court shall make such order as it thinks fit as respects the commencement of the scheme.]

(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F20

[F21(7)If within the period of one month from the date of the notice given under subsection (4) above a petition or appeal is presented to the Court of Session by any of the persons mentioned below, the scheme referred to in that notice shall thereby be suspended and the Court may amend the scheme and make it as so amended or may make a new scheme and for those purposes the Court—

(a)shall have the like powers as are conferred by this Part of this Act on an education authority regarding schemes for the future government and management of educational endowments, and

(b)may make such orders as it thinks fit as respects notification and commencement of the amended or new scheme.

The persons referred to above are—

(i)the governing body of the endowment to which the scheme relates,

(ii)the council of any district directly affected by the scheme,

(iii)any education authority directly affected by the scheme,

(iv)any ratepayers (not being less than twenty) of any district or place directly affected by the scheme,

(v)any person having a vested interest in the said endowment or any part of it.]

(8)If within the said period an appeal is presented to the Court of Session by—

(a)the governing body of the endowment to which the scheme refers, or any other person directly affected by the scheme, on the ground that the scheme is not within the scope of, or is not made in conformity with, this Part of this Act, or

(b)any person holding any office, place or employment, or receiving any pension, compensation, allowance, bursary or emolument, under or arising out of the endowment to which the scheme relates, on the ground that the scheme does not comply with the provisions of this Part of this Act as to saving or making due compensation for his vested interests,

and the Court of Session decides that the scheme is contrary to law on any of the grounds mentioned in paragraphs (a) and (b) above, the [F22education authority shall rescind their decision to make the scheme but may, if they think fit, make an amended scheme in such form as they think] expedient, and the provisions of subsections (4) to (7) above, and of this subsection, shall apply in relation to an amended scheme [F23made] under this subsection as they apply to a scheme [F23made] under subsection (3) above.

(9)Where [F24an education authority cause] a draft scheme or a scheme to be [F25publicised] under this section, [F26they] shall cause to be prefixed to that draft scheme or scheme a memorandum setting out—

(a)the reasons why, in [F26their] view, the reorganisation of the endowment to which the draft scheme or scheme relates is necessary;

(b)the respects in which the draft scheme or scheme involves any substantial alteration of the purposes to which the said endowment is applied or applicable; and

(c)the reasons for any such alteration;

and for the purposes of the provisions of this section relating to publication, that memorandum shall be deemed to be part of the draft scheme or scheme, as the case may be.

Textual Amendments

F3Words substituted (for the words from “from” to “scheme”) with savings by Education (Scotland) Act 1981 (c. 58), Sch. 6 para. 11(a)(iii), Sch. 8 and S.I. 1981/1557, art. 4

Marginal Citations