Part V Independent Schools

103AF1Proprietor which is body corporate etc.

1

This section applies where the proprietor of an independent school is not an individual.

2

Any power in this Part of this Act, by virtue of which the Scottish Ministers may disqualify the proprietor of an independent school from being the proprietor of such a school, includes power to so disqualify a relevant person.

3

For the purposes of any provision in this Part of this Act relating to the disqualification of the proprietor of an independent school from being the proprietor of such a school, the proprietor shall be so disqualified if a relevant person is so disqualified.

4

Any reference in this Part of this Act to the disqualification of the proprietor of an independent school from working with children shall be construed as a reference to any relevant person’s being so disqualified.

5

Any reference in this Part of this Act to the proprietor of an independent school’s being (or not being) a proper person to be the proprietor of such a school shall be construed as including a reference to any relevant person’s being (or not being) such a proper person.

6

In this section, “relevant person”, in relation to the proprietor of an independent school, means—

a

in the case of such a proprietor which is a body corporate, any person who—

i

is a director, manager or secretary of the body corporate; or

ii

purports to act in any such capacity;

b

in the case of such a proprietor which is a Scottish partnership, any person who—

i

is a partner; or

ii

purports to act in that capacity; and

c

in the case of such a proprietor which is an unincorporated association other than a Scottish partnership, any person who—

i

is concerned in the management or control of the association; or

ii

purports to act in the capacity of a person so concerned.