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School Boards (Scotland) Act 1988 (repealed)

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  1. Introductory Text

  2. School Boards

    1. 1. Constitution of School Boards.

    2. 2. Composition of Boards.

    3. 2A. Elections.

    4. 2B. Co-option.

    5. 3. Terms of office etc.

    6. 4. Qualification and disqualification of members.

    7. 5. Advice to Boards.

    8. 5A. Conflict of interest.

    9. 6. Proceedings.

    10. 7. Combined schools.

    11. 8. Exercise of functions of Boards.

    12. 9. Books, materials, etc.

    13. 10. Information and reports.

    14. 11. Appointments.

    15. 12. Relations between Boards and parents.

    16. 13. Parents’ meetings.

    17. 14. Use of premises and occasional holidays.

    18. 15. Delegation of functions to Boards.

    19. 16. Powers of education authority to ensure due exercise of delegated functions.

    20. 17. Financing of Boards and financial information.

    21. 17A. Surplus funds.

    22. 18. Financial powers of Boards.

    23. 19. Allowances for members of Boards.

    24. 20. Schools without a Board and disestablishment of Boards.

  3. Supplementary

    1. 21. Public money.

    2. 22. Interpretation.

    3. 23. Regulations and minor and consequential amendments.

    4. 24. Short title, commencement and extent.

  4. SCHEDULES

    1. SCHEDULE 1

      Electoral Procedure

      1. 1.Every education authority shall make arrangements for the holding of...

      2. 2.A scheme may make different provision for different schools or...

      3. 3.Every scheme shall include provision for the appointment by the...

      4. 4.In the case of an election of a parent member,...

      5. 5.Subject to this Schedule and to any scheme made under...

      6. 6.For the purposes of paragraph 5 above, the education authority...

      7. 7.Elections under this Act shall be held by secret ballot....

      8. 8.All practicable steps shall be taken to ensure that every...

      9. 9.Every education authority shall, for the purposes of any election...

      10. 10.An education authority may arrange for any of their functions...

      11. 11.For the purposes of this Schedule “election” includes a by-election....

    2. SCHEDULE 2

      Appointment of Headteachers, Deputies and Assistants

      1. 1.Where an education authority intend to fill a post, other...

      2. 2.Except where paragraph 4 below applies, an appointment committee shall...

      3. 3.Any vacancy occurring in the membership of an appointment committee...

      4. 4.Where for any reason no School Board are for the...

      5. 4A.(1) Subject to sub-paragraph (2) below, any reference in paragraphs...

      6. 4B.Where it appears to an education authority that an appointment...

      7. Application of 1973 Act to appointment committees

        1. 5.The 1973 Act shall apply to appointment committees as it...

      8. Conflict of interest

        1. 5A.(1) Subject to sub-paragraph (2) below, where, whether before or...

      9. Short leet

        1. 6.Subject to paragraphs 7 and 8 below, a short leet...

        2. 7.Where there are fewer than 4 applicants who are eligible...

        3. 8.Where the education authority do not re-advertise the post or...

      10. Appointment of headteacher, where School Board established

        1. 9.In the case of the appointment of a headteacher of...

        2. 10.For the purpose of enabling the Board to carry out...

        3. 11.After considering the short leet, the Board may, except where...

        4. 12.Where the short leet consists of fewer than 4 names,...

      11. Appointments of deputy or assistant headteacher, or of headteacher where no School Board established

        1. 13.In every other case the authority shall prepare the short...

      12. Procedure of committee

        1. 14.The appointment committee and (where appropriate) the School Board shall—...

        2. 15.The Director of Education or any officer of the education...

        3. 16.The appointment committee shall, unless they consider that no person...

        4. 17.Where an appointment committee recommend the appointment of any person...

        5. 18.Where an education authority refuse, under paragraph 17 above, to...

        6. 19.It shall not be competent for a deputy or assistant...

    3. SCHEDULE 3

      Delegation Orders

      1. Delegation on education authority’s initiative

        1. 1.Where an education authority propose making a delegation order under...

      2. Request by School Board for delegation

        1. 2.Where a School Board request their education authority in writing...

      3. Refusal by authority

        1. 3.In the event of a refusal under paragraph 2 above...

        2. 4.Where a School Board call for a ballot under paragraph...

        3. 5.Schedule 1 to this Act shall apply (with the exception...

        4. 6.Where, following a refusal under paragraph 2 above to delegate...

        5. 7.Where an education authority refuse to delegate a function under...

        6. 8.Where a request for delegation of a function is referred...

      4. Agreement by authority

        1. 9.Where an education authority agree under paragraph 2 or 6...

        2. 10.If agreement is reached under paragraph 9 above, the education...

      5. Disagreement on terms of the order

        1. 11.Where, after the elapse of 2 months from the date...

        2. 12.Where a draft delegation order is referred to the Secretary...

      6. Secretary of State’s power to require information

        1. 13.In connection with any reference to him under paragraph 7...

      7. Amendment

        1. 14.An education authority may, with the consent of the School...

        2. 15.Where an education authority has been unable to obtain the...

    4. SCHEDULE 4

      Minor and Consequential Amendments

      1. The Local Government (Scotland) Act 1973 (c. 65)

        1. 1.In section 125(1) of the 1973 Act, before “educational” in...

        2. 2.In section 125(2) of the 1973 Act, omit from “(a)”...

        3. 3.In section 125(3) of the 1973 Act, omit paragraph (a)...

        4. 4.In section 125 and 126 of and Schedule 10 to...

        5. 5.In section 125(4) of the 1973 Act, omit “school and”....

      2. The Education (Scotland) Act 1980 (c. 44)

        1. 6.In section 70 of the Education (Scotland) Act 1980 (which...

        2. 7.In Schedule A1 to the Education (Scotland) Act 1980, in...

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