Education (Scotland) Act 1980

Changes over time for: Section 129

Version Superseded: 01/04/1997

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Education (Scotland) Act 1980, Section 129 is up to date with all changes known to be in force on or before 17 February 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.

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129 Establishment of Board to conduct examinations, etc.S

(1)There shall be a board (hereafter in this section referred to as “the Board”) for the following purposes, that is to say—

(a)conducting examinations for the award of certificates relating to secondary education and awarding such certificates;

(b)advising the Secretary of State on matters relating to examinations for pupils receiving secondary education;

[F1(bb)subject to any regulations made by the Secretary of State under section 2 of this Act or section 69(2) of the Self-Governing Schools etc. (Scotland) Act 1989 (comparable regulations in respect of self-governing schools), preparing, distributing and monitoring tests for the assessment of pupils in primary schools;]

(c)such other purposes relating to examinations [F2or tests] as may be specified in regulations under this section.

(2)Regulations shall be made under this section by the Secretary of State, and such regulations shall confer on the Board such powers, and impose on them such duties, as appear to the Secretary of State to be necessary or desirable for the purposes referred to in subsection (1) above and may empower the Secretary of State [F3, after consultation with the Board, to give to them] such directions as to the discharge by them of their functions as appear to him to be expedient.

(3)Regulations under this section shall make provision with respect to the membership of the Board and shall ensure that not less than four-fifths of the members of the Board are appointed by the Secretary of State from amongst persons nominated by, or by bodies appearing to the Secretary of State to represent the interests of, the universities of Scotland, education authorities, [F4institutions of further education,] central institutions, F5 colleges of education, [F6persons employed by education authorities in an administrative capacity as respects the discharge of their education functions][F7, educational advisers,] teachers employed in educational establishments [F8and grant aided and independent schools.]

(4)Regulations under this section may—

(a)provide that the Board shall be a body corporate with perpetual succession and a common seal;

(b)make provision with respect to the procedure of the Board and the conduct of their business;

[F9(bb)make provision with respect to the determination by the Board of charges in respect of presentations for examinations conducted by them, being presentations by education authorities, the managers of educational establishments not under the management of education authorities or such other presenting authorities as may be recognised by the Board for the purpose of presentation of candidates for examination, the payment by those authorities, managers and others to the Board of such charges and the application towards meeting the Board’s expenses of sums received by them in respect of such charges;]

(c)make provision with respect to the financial transactions of the Board, including provision for the keeping by the Board of proper accounts and for the auditing of such accounts [F10, for requiring the Board to ensure that adequate financial provision is made by them for such purposes as may be specified in a direction made by the Secretary of State after consultation with the Board, for requiring the submission by the Board of estimates of their income and expenditure to such body as the Secretary of State may determine (and notify to the Board) as appearing to him to be representative of local authority interests and for enabling that body to approve these estimates and for requiring the Board to obtain the prior approval of the Secretary of State to the incurring of expenditure by them in respect of the acquisition of land];

(d)provide for the payment by the Board to the members of the Board or of any committee or sub-committee thereof of travelling, subsistence and other allowances;

(e)

F11(f)provide that the Board shall make an annual report to the Secretary of State on the exercise by them of their functions, and that the Secretary of State shall lay a copy of the report before each House of Parliament;

(g)contain such consequential, ancillary and incidental provisions as appear to the Secretary of State to be necessary or desirable for the purposes of the regulations.

[F12(4A)The Board may appoint such officers, servants and agents as the Board may determine and they shall be appointed at such remuneration and on such other terms and conditions as the Board may, with the prior approval of such body as may have been determined by the Secretary of State for the purposes of subsection (4)(c) above, determine.

(4B)The Board may pay such pensions, allowances or gratuities as they may determine to or in respect of any of their officers and servants, make such payments as they may determine towards the provision of pensions, allowances or gratuities to or in respect of any of their officers and servants or provide and maintain such schemes as they may determine (whether contributory or not) for the payment of pensions, allowances or gratuities to or in respect of any of their officers and servants.

A determination for the purposes of this subsection is ineffective unless made with the approval of the Secretary of State.

(4C)The reference in subsection (4B) above to pensions, allowances or gratuities to or in respect of the Board’s officers and servants includes a reference to pensions, allowances or gratuities by way of compensation to or in respect of any of the Board’s officers and servants who suffer loss of office or employment.]

(5)(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F13

[F14(4D)The Secretary of State may, from time to time and subject to such conditions as he considers appropriate, make grants to the Board which shall be applied by them towards meeting their expenses in carrying out their duties in relation to the tests mentioned in subsection (1)(bb) and (c) above.]

Textual Amendments

F1S. 129(1)(bb) inserted by Self-Governing Schools etc. (Scotland) Act 1989 (c. 39, SIF 41:2), s. 69(3)(a)

F2Words inserted by Self-Governing Schools etc. (Scotland) Act 1989 (c. 39, SIF 41:2), s. 69(3)(b)

F3Words substituted by Education (Scotland) Act 1981 (c. 58), s. 13(2), Sch. 8

F4Words inserted by Education (Scotland) Act 1981 (c. 58), s. 13(3)(a)

F5Words repealed by Education (Scotland) Act 1981 (c. 58), Sch. 9

F6Words in s. 129(3) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 118(8); S.I. 1996/323, art. 4(1)(c).

F7Words inserted by Education (Scotland) Act 1981 (c. 58), s. 13(3)(c)

F8Words inserted by Education (Scotland) Act 1981 (c. 58), s. 13(3)(e)

F9S. 129(4)(bb) inserted by Education (Scotland) Act 1981 (c. 58), s. 13(4)(a)

F10Words inserted by Education (Scotland) Act 1981 (c. 58), s. 13(4)(b)

F11S. 129(4)(e) repealed with saving by Education (Scotland) Act 1981 (c. 58), s. 13(4)(c), Sch. 8 para. 6, Sch. 9