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Education (Scotland) Act 1981

Status:

This is the original version (as it was originally enacted).

Section 5.

SCHEDULE 4(to be Inserted in the Principal Act as Schedule 1A) - Revocation of Determinations for the Purposes of the Assisted Places Scheme

1The proprietors or managers of a participating school may request the Secretary of State to revoke the determination by giving him three years written notice or such shorter notice as he may in any particular case accept.

2On the expiry of the period of notice referred to in paragraph 1 above the Secretary of State shall revoke the determination.

3Subject to paragraph 4 below, the Secretary of State may revoke a determination in respect of a school by giving three years written notice to the proprietors or managers of the school.

4(1)If the Secretary of State—

(a)is not satisfied that appropriate educational standards are being maintained at a participating school; or

(b)is satisfied that any condition applying to the school by virtue of a determination or regulations made under section 75A or 75B of this Act has been contravened, or that any obligation applying to the school by virtue of such regulations has not been complied with,

he may at any time revoke the determination by written notice to the proprietors or managers of the school.

(2)A notice of revocation of a determination given under this paragraph may provide that it shall be treated as of no effect if the proprietors or managers of the school satisfy the Secretary of State within such time as may be specified in the notice that they have complied with any condition specified therein.

5A notice of revocation of a determination given under paragraph 3 or 4 above shall contain a statement of the reasons for which it is given.

6Revocation of a determination shall not affect the operation of—

(a)the determination;

(b)the scheme in relation to which the determination was made ; or

(c)any regulations made under section 75A or 75B of this Act,

in relation to any pupil holding an assisted place at the school on the date of the revocation.

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