Self-Governing Schools etc. (Scotland) Act 1989

3 The board of management and the articles of constitution

(1) Without prejudice to section 19(3) of, and Schedule 4 to, this Act and subject to paragraphs 1 to 5 of Part I of Schedule 1 to this Act, the board of management of a self-governing school shall comprise—

(a) parent members (being persons elected to the board of management under this paragraph by parents of pupils in attendance at the school from such parents);

(b) staff members (being persons elected to the board of management under this paragraph by members of staff of the school from such staff);

(c) appointed members (being persons appointed under this paragraph to and by the board of management); and

(d) the person who is for the time being the head teacher of the school.

(2) Part I of Schedule 1 to this Act, which makes further provision as regards the articles of constitution, shall have effect.

(3) Subject to subsections (4) and (5) below it shall be the duty of the board of management to ensure that any vacancy in the membership of the board is duly filled as soon as is reasonably practicable and in any event within three months of the vacancy’s arising.

(4) Where a person ceases, for whatever reason, to be a parent member or staff member within six months before the date of expiry of his term of office, the duty under subsection (3) above does not require the vacancy to be filled before that date.

(5) The duty, under subsection (3) above, of an interim board of management shall be construed as a duty to ensure that the election of the parent and staff members who are to succeed them on the board of management takes place as soon as is reasonably practicable and in any event within three months after the incorporation date.