School Boards (Scotland) Act 1988

8 Exercise of functions of Boards

(1) Subject to this Act, a School Board may do anything which is calculated to facilitate the exercise of their functions including, without prejudice to the foregoing generality, power to enter into contracts and agreements (other than contracts or agreements relating to land) and to invest money.

(2) A School Board exercising any function given to them by or under this Act shall be treated, as regards relations with third parties, as the agent of their education authority, whether or not the exercise complies with this Act or with any conditions imposed under this Act.

(3) The members of a School Board shall not incur any personal liability in respect of anything done in good faith in the exercise or purported exercise of any functions given to them by or under this Act.

(4) In the exercise of any functions given to them by or under this Act, a School Board shall have regard, where any of the land or equipment of a school is used for the purposes of further education, to the requirements of that use and shall, in any case where the exercise of any such function is liable to affect such use, hold consultations with such of the following persons as they consider appropriate in the circumstances, namely—

(a) their education authority;

(b) any college council concerned; and

(c) the person in charge of the institution providing the further education.

(5) In the exercise of any functions given to them by or under this Act, a School Board shall ensure that any duty of their education authority under statute or any rule of law is duly complied with.

(6) A School Board shall comply with any reasonable requests made to them from time to time by their education authority for information relating to the exercise of any function given to the Board by or under this Act.