School Boards (Scotland) Act 1988

18 Financial powers of Boards

(1) A School Board may—

(a) raise funds by any means (other than borrowing); and

(b) receive gifts,

and may expend any sums so received at their discretion, taking account of the views of the headteacher, for the benefit of the school.

(2) A School Board shall keep proper accounts in relation to any sums received by them under subsection (1) above.

(3) Nothing in subsection (1) above shall entitle a School Board to make any charges or demand any fees in respect of the school education provided by their education authority.

(4) A School Board shall not acquire any interest in heritable property, whether by inheritance, gift or otherwise, and any provision in any instrument which contravenes this subsection shall be void.

(5) Where a School Board cease to exist by operation of section 1(5) of this Act (discontinuance of school), any property belonging to the Board shall pass to the education authority.

(6) Where a School Board are disestablished by operation of section 20(6) of this Act (insufficient parent members elected), any property belonging to the Board shall pass to the education authority, but—

(a) the authority shall use any such property for the benefit of the school in question; and

(b) in the event of a School Board being re-established for that school, any such property remaining in the hands of the education authority shall pass to the new School Board.

(7) Any property belonging to an Interim School Board at the time when a School Board are established for the school in question shall pass to the School Board.

(8) All rights and obligations in relation to and arising in respect of property which passes under any of subsections (5) to (7) above shall pass with the property to the recipient.