School Boards (Scotland) Act 1988 (repealed)

[F1 2A Elections. S

(1) Subject to subsections (2) [F2 to (3A)] below, elections for members of School Boards shall be held during the regular election period in every relevant year; and in this Act, an election held under this subsection shall be referred to as a “regular election”.

(2) In the case of a school (including a combined school) which comes into existence after the commencement of section 28 of the Education (Scotland) Act 1996, the first election for members of the School Board shall be held as soon as practicable after pupils first attend the school.

(3) In the case of a school for which no School Board is established at the commencement of the said section 28—

(a) where a School Board has been disestablished or a first election has been held and no School Board has been established, further elections for members of the School Board shall be held in accordance with section 20(7) of this Act; and

(b) in any other case, the first election for members of the School Board shall be held as soon as practicable after pupils first attend the school.

[F3 (3A) In the case of a school which, by virtue of section 17 of the Standards in Scotland’s Schools etc. Act 2000 (asp 6), ceases to be a school which is a self-governing school, the first election for members of the School Board shall be held as soon as practicable after pupils first attend the school following that change in status of the school.]

[F4 (4) In the event of a lesser number of parent members being elected than is necessary to make up the number for the time being prescribed for the purposes of subsection (1)(a) of section 2 of this Act, then not more than three months after the election up to two persons from among the parents of pupils in attendance at the school may be co-opted by the Board; and a person so co-opted shall be a parent member of the Board and not a co-opted member within the meaning given in subsection (1)(c) of that section.

F4 (5) In a case where, under section 28(1) of the Standards in Scotland’s Schools etc. Act 2000 (asp 6), a by-election falls to be held, it shall be held not more than three months after the vacancy occurs.]

(6) In the event of—

(a) a lesser number of staff members being elected on any occasion than is necessary to make up the number for the time being prescribed under the said section 2 as the number of staff members for the Board; or

(b) a vacancy for a staff member of a board arising,

a by-election shall be held as soon as possible and, in any event, not more than 3 months after the occasion or, as the case may be, vacancy arising.

(7) Where no person is elected by virtue of subsection (6) above, the education authority—

(a) may at any time; and

(b) if requested in writing by a person entitled to stand and vote in an election for a staff member, shall within three months of such request,

hold a by-election to fill the vacancy.

(8) Where a person ceases, for whatever reason, to be a parent member or a staff member not more than 6 months before the expiry of his term of office, it shall not be necessary to hold a by-election under [F5 section 28(1) of the Standards in Scotland’s Schools etc. Act 2000 (asp 6) or, as the case may be, subsection] (6) above.

(9) Schedule 1 to this Act shall have effect for the purpose of the holding of elections.

(10) In this section—

• “regular election period” means not earlier than 1 September in any year and not later than 30 November in that year, or such other period as may be prescribed; and

• “relevant year” means 1997 and every second year thereafter.]

Textual Amendments

F1 S. 2A inserted (18.9.1996) by 1996 c. 43, s. 28(2); S.I. 1996/2250, art. 2

F2 Words in s. 2A(1) substituted (23.8.2000) by 2000 asp 6, s. 60(1), Sch. 2 para. 4; S.I. 2000/298, art. 3, Sch.

F3 S. 2A(3A) inserted (13.10.2000 subject to art. 4 of the commencing S.I.) by asp 6, s. 27; S.I. 2000/361, art. 3(1), Sch. Pt. I

F4 S. 2A(4)(5) substituted (23.8.2000) by 2000 asp 6, s. 28(3), Sch. 1 para. 3(a); S.I. 2000/298, art. 3, Sch. (with art. 4)

F5 Words in s. 2A(8) substituted (23.8.2000) by 2000 asp, s. 28(3), SCh. 1 para. 3(b); S.I. 2000/298, art. 3, Sch. (with art. 4)

Modifications etc. (not altering text)

C1 S. 2A applied (18.9.1996) by 1996 c. 43, s. 28(3); S.I. 1996/2250, art. 2