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School Boards (Scotland) Act 1988 (repealed)

Changes to legislation:

School Boards (Scotland) Act 1988 (repealed) is up to date with all changes known to be in force on or before 04 March 2025. There are changes that may be brought into force at a future date. Help about Changes to Legislation

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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.

    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.Nothing in paragraph 7 above shall authorise the education authority...

      10. Preparation of short leet

        1. 9.Subject to paragraph 10 below, the authority shall prepare the...

        2. 10.The authority shall prepare the short leet in consultation with,...

        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.An officer of the education authority shall—

        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.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      3. Refusal by authority

        1. 3.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

        2. 4.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

        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.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      4. Agreement by authority

        1. 9.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

        2. 10.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      5. Disagreement on terms of the order

        1. 11.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

        2. 12.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      6. Secretary of State’s power to require information

        1. 13.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      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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