(1)The Scottish Ministers shall give notice to the persons mentioned in subsection (2) below of their decision on an application for registration of an independent school.
(2)The persons referred to in subsection (1) above are—
(a)the proprietor;
(b)where the application for registration is refused on the ground that the Scottish Ministers are not satisfied that a proposed teacher in the school is a proper person to be a teacher in any school, that proposed teacher;
(c)the Registrar; and
(d)any other person or body the Scottish Ministers think fit.
(3)Where, under section 98A(3) of this Act, the Scottish Ministers grant an application for registration of an independent school, they shall direct the Registrar to register that school.
(4)Where an order is made under section 98B(2), (3) or (4) of this Act, the Scottish Ministers shall, as soon as reasonably practicable after making the order, give notice to—
(a)the proprietor;
(b)the Registrar; and
(c)any other person or body the Scottish Ministers think fit,
of the order.
(5)Where an order is made under section 98B(5) of this Act, the Scottish Ministers shall, as soon as reasonably practicable after making the order, give notice to—
(a)the proposed teacher to whom the order relates;
(b)the Registrar; and
(c)any other person or body the Scottish Ministers think fit,
of the order.
(6)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 (1) above, appeal to the sheriff principal—
(a)where the application for registration of the school is, under subsection (3) of section 98A of this Act, refused, against that refusal; or
(b)where such application is, under that subsection, granted and conditions are, under subsection (4) of that section, imposed on the carrying on of the school, against the imposition of any such condition.
(7)Where an order is made under section 98B(2), (3) or (4) of this Act, the proprietor may, before the expiry of the period of 28 days beginning with the day on which that proprietor is given notice under subsection (4)(a) above, appeal to the sheriff principal against the order.
(8)Where an order is made under section 98B(5) of this Act, the proposed teacher may, before the expiry of the period of 28 days beginning with the day on which that proposed teacher is given notice under subsection (5)(a) above, appeal to the sheriff principal against the order.]
Textual Amendments
F1Ss. 98A-98D substituted (31.12.2005) for s. 98A by School Education (Ministerial Powers and Independent Schools) (Scotland) Act 2004 (asp 12), ss. 4(2), 9(2); S.S.I. 2005/570, art. 2(a) (with art. 3(1)(2))