Education (Scotland) Act 1980

22D Further provisions relating to denominational schools. S

(1) An education authority shall submit to the Secretary of State for his consent any proposal of theirs to which this section applies and shall not implement such a proposal without his consent.

(2) A proposal to which this section applies is one—

(a) which relates to a school transferred to [F1 an] education authority under section 16(1) or provided by them under section 17(2) of this Act;

(b) to—

(i) discontinue the school or a part of it;

(ii) amalgamate the school or a part of it with another school;

(iii) change the site of the school;

(iv) change the arrangements for admission to the school; or

(v) disapply to the school the conditions prescribed in subsections (1) to (4) of section 21 of this Act or in the said subsections so far as applicable and having effect by virtue of subsection (5) of that section; and

(c) in relation to which the Secretary of State, having consulted [F2 any education authority affected by it], is satisfied, upon written representations made, in the case of any church or denominational body in whose interest the school is conducted other than the Roman Catholic Church, by a person authorised for that purpose by that church or denominational body and, in the case of the Roman Catholic Church, by the Scottish Hierarchy of that Church, that—

(i) if implemented, it will have [F3 any of the results] specified in subsection (3) below; and

(ii) the education authority [F4 submitting the proposal under subsection (1) above]and the church, denominational body or Hierarchy, as the case may be, have, after discussion, failed to reach agreement that it should be implemented.

[F5 (3) The results referred to in subsection (2)(c)(i) above are—

(a) a significant deterioration for pupils belonging to the area of the education authority submitting the proposal under subsection (1) above; or

(b) a significant deterioration for pupils belonging to the area of any other education authority; or

(c) where neither paragraph (a) nor paragraph (b) above applies, such a deterioration for pupils as mentioned in the said paragraph (a) and pupils belonging to the area of another education authority as, taken together, amounts to a significant deterioration,

in the provision, distribution or availability of school education in schools of the kind referred to in subsection (2)(a) above compared with such provision, distribution or availability in other public schools.]

(5) The Secretary of State shall not grant consent under this section in relation to a school unless he is satisfied that adequate arrangements have been made for the religious instruction of the children who will no longer receive or be likely to receive school education in a school of the kind referred to in subsection (2)(a) above.

(6) In granting consent under this section in relation to a school the Secretary of State may impose such conditions as he thinks fit with regard to the religious instruction of the children who will no longer receive or be likely to receive school education in a school of the kind referred to in subsection (2)(a) above and to related matters and, in doing so, he shall have regard to the duties imposed by section 21 of this Act on education authorities in relation to schools of that kind, and conditions imposed by the Secretary of State under this section may be revoked or amended by him at any time.

(7) Any question which may arise—

(a) whether a proposal is one to which this section applies;

(b) as to the implementation of a proposal to which the Secretary of State has consented under this section;

(c) as to the fulfilment or observation of any conditions upon his consent imposed under subsection (6) above

shall be determined by the Secretary of State and the education authority shall perform their duties under this Act in accordance with any such determination.

(8) In this section the reference to section 16(1) or 17(2) of this Act shall include a reference to the corresponding provision of the Act of 1918, the Act of 1946 and the Act of 1962.

Textual Amendments

F1 Word in s. 22D(2)(a) substituted (1.4.1996) by 1994 c. 39, s. 144(a); S.I. 1996/323, art. 4(1)(a), Sch. 1.

F2 Words in s. 22D(2)(c) substituted (1.4.1996) by 1994 c. 39, s. 144(b)(i); S.I. 1996/323, art. 4(1)(a), Sch. 1.

F3 Words in s. 22D(2)(c)(i) substituted (1.4.1996) by 1994 c. 39, s. 144(b)(ii); S.I. 1996/323, art. 4(1)(a), Sch. 1.

F4 Words in s. 22D(2)(c)(ii) inserted (1.4.1996) by 1994 c. 39, s. 144(b)(iii); S.I. 1996/323, art. 4(1)(a), Sch. 1.

F5 S. 22D(3) substituted for s. 22D(3)(4) (1.4.1996) by 1994 c. 39, s. 144(c); S.I. 1996/323, art. 4(1)(a), Sch. 1.