Self-Governing Schools etc. (Scotland) Act 1989

50 Winding up orders. S

(1) Where the Secretary of State has—

(a) approved proposals made under section 31 of this Act for the discontinuance of a school; or

(b) given notice under section 33 of this Act that he intends to cease to maintain a school with effect from a particular date,

he may, after consultation with the education authority and subject to subsection (2) below, by order under this section make provision for the winding up of the school.

(2) Where subsection (2)(a) of the said section 33 applies to a notice given under that section the Secretary of State shall not make an order under this section within 5 years of the date on which he gives the said notice.

(3) Without prejudice to the generality of subsection (1) above, an order under this section may—

(a) stipulate a time-table for the winding up of the school;

(b) provide for the payment of the expenses of the winding up;

(c) appoint a date (the “dissolution date”) on which—

(i) the board of management is to be dissolved; and

(ii) the property mentioned in section 51 of this Act is to be transferred to other persons in accordance with the provisions of that section;

(d) confer powers or impose duties on the board of management in relation to the winding up of the school;

(e) provide for the ingathering of any land or moveable property owned by—

(i) the board; or

(ii) trustees for the purposes of the school;

(f) provide for the discharging by the board of any of their liabilities;

(g) provide for the repayment by the board to the Secretary of State of the unexpended portion of any capital grant made by him to the board;

(h) require the board to comply with any directions made by the Secretary of State;

(j) provide for—

(i) the exercise of any of the board’s functions; and

(ii) the execution of documents on behalf of the board,

by any member of the board named in the order; and

(k) require the board to give notice of dismissal to persons employed by them with effect from such date as may be specified in the order.

(4) The Secretary of State shall not in an order under this section appoint a dissolution date unless he is satisfied that—

(a) all liabilities of the board of management have been discharged;

(b) all the expenses of the winding up have been met; and

(c) the board of management have complied with all the obligations imposed on them in respect of the winding up.

(5) The Secretary of State may make grants to a board of management for the purpose of—

(a) discharging any liabilities of the board; and

(b) enabling the board to defray the expenses of the winding up,

and in relation to any such grant he may impose requirements on the board before, at or after the time at which the payment of the grant is made.