Self-Governing Schools etc. (Scotland) Act 1989

21 Effect of pending procedure for acquisition of self-governing status on proposals for alteration etc. of schools. S

[F1 (1) Subject to section 14(2) of this Act, where a proposal to do any thing to a school, being a proposal to which this section applies—

(a) is published under section 22A of the 1980 Act (consultation on certain changes in educational matters), but before a decision is reached on the proposal the education authority receive written notice such as is mentioned in subsection (6) of section 13 of this Act, either of a first resolution or of a request, as regards that school, they shall not decide on the proposal;

(b) is submitted under section 22B, 22C or 22D of the 1980 Act (consent for certain changes in educational matters or for certain changes affecting denominational schools), but before the Secretary of State consents to the proposal the education authority receive such notice as is mentioned in paragraph (a) above as regards that school, the consent cannot validly be given,

unless and until one of the conditions specified in section 24(2) of this Act is satisfied as regards that school.

(1A) This section applies to a proposal—

(a) to discontinue the school; or

(b) to do any one of such other things to the school as the Secretary of State may by order prescribe.]

(2) Without prejudice to paragraph (a) of subsection (1) above, the receipt of such notice as is mentioned in that paragraph shall not prevent publication under the said section 22A.

(3) No proposal shall be—

(a) published, made available or decided on under the said section 22A; or

(b) submitted or consented to under the said section 22B, 22C or 22D,

in respect of a school as regards which proposals published under section 16 of this Act have been approved by the Secretary of State.

Textual Amendments

F1 S. 21(1)(1A) substituted (4.1.1995) for s. 21(1) by 1994 c. 39, s.143 (with s. 128(8)); S.I. 1994/2850, art. 3(a), Sch. 2