Self-Governing Schools etc. (Scotland) Act 1989
1989 c. 39
An Act to make provision as regards the acquisition of self-governing status by certain public schools in Scotland; to make further provision as regards education in Scotland; and for connected purposes.
C1Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
F26 Part I Self-Governing Schools
Pt. I (ss. 1-53) repealed (14.7.2000 for the repeal of ss. 13-22, 24 and 31.12.2004 in so far as not already in force) by Standards in Scotland’s Schools etc. Act 2000 (asp 6), ss. 60(3),61(2)(c), sch. 3; S.S.I. 2004/528, art. 2(b)
F26 Duty to maintain self-governing schools
F261 Duty of Secretary of State to maintain self-governing schools.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F26 Government
F262 Scheme of government.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F263 The board of management and the articles of constitution.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F264 Members’ tenure of office.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F265 Qualification for and disqualification from membership of a board of management.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F266 Proceedings of board of management.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F267 Powers and duties of board of management.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F268 Execution of documents.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F269 Reports and parents’ meetings.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F26 Parental rights et ceteralaetc.
F2610 Rights of parents in relation to individual pupils.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F26 Fees, charges, books, et ceteralaetc.
F2611 Fees, charges, books etc.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F26 Management of denominational schools
F2612 Management of denominational schools.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F26 Procedure for acquisition of self-governing status et ceteralaetc.
F2613 Initiation of procedure for acquisition of self-governing status.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2614 Ballot of parents on question of acquisition of self-governing status.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2615 Fresh ballot.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2616 Proposals for acquisition of self-governing status.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2617 Ballot expenses.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2618 Further provision as regards proposals under section 16.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2619 Rejection or approval of proposals.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2620 Transition to self-governing status.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F26 Proposals under sections 22A to 22D of 1980 Act where procedure for acquisition of self-governing status initiated
F2621 Effect of pending procedure for acquisition of self-governing status on proposals for alteration etc. of schools.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F26 Staff
F2622 Transfer of staff to self-governing schools.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2623 Further provision as regards teachers in self-governing schools.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2624 Effect of pending procedure for acquisition of self-governing status on appointment etc. of staff.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F26 Benefits and services for pupils
F2625 Provision of benefits and services for pupils by education authorities.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F26 Finance
F2626 Recurrent grant, capital grants and special purpose grants.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2627 Recurrent grant in respect of provision for special educational needs.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2628 Recovery of sums in respect of recurrent grant.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2629 Extension of, and recovery for education etc. provided under, section 23 of 1980 Act.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F26 Change in characteristics, discontinuance et ceteralaetc.
F2630 Change in characteristics of self-governing school.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2631 Discontinuance by board of management.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2632 Compensation in respect of denominational schools.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F26 Withdrawal of grant
F2633 Withdrawal of grant by Secretary of State.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F26 Miscellaneous
F2634 Administrative, professional, technical or other services.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2635 Functions of school board: application of certain provisions of 1988 Act.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F26 Property
F2636 Transfer of land, moveable property and obligations to board of management.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2637 Disposal of land by board of management.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2638 Commissioners for school assets.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2639 Certificates in respect of land, moveable property etc.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2640 Transfer of property where no certificate issued.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2641 Disposal of land or moveable property by education authority prior to incorporation date.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2642 Reduction of disposals of property by education authority.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2643 Prevention of disposals of property by education authority.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2644 Repudiation of agreements made in contravention of section 43.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2645 Reduction or setting aside of disposals made in contravention of section 43.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2646 Commissioner for school assets’ right of action for contravention of section 43.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2647 Removal of property from school by education authority.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F26 Provision of information
F2648 Duty of education authority to provide information.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F26 Educational endowments
F2649 Educational endowments.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F26 Winding up
F2650 Winding up orders.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2651 Disposal of property on winding up.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2652 Transfer of school for establishment of new school.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2653 Disposal of surplus money on winding up.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Part II Further Education
College Councils
F154. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F255. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F356. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F457. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F558. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F659. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F760. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Supply of goods and services
F861. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F962. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1063. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Discontinuance of college of further education
F1164. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Formation of companies to manage colleges of further education
F1265. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1366. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Pay and conditions of service
67 Abolition of committee to consider pay and conditions of teaching staff employed in providing further education.
1
Subject to subsection (2) below, the committee established under section 94 of the 1980 Act (committee to consider pay and conditions of teaching staff employed in providing further education) is abolished, and accordingly sections 94 to 97 of the 1980 Act are repealed.
2
Where—
a
an order made under section 92 of the 1980 Act (as originally enacted and not as substituted by the M1Education (Scotland) Act 1981) relating to the remuneration of teaching staff employed in providing further education; or
b
a settlement formulated under section 94(1)(b) of the 1980 Act; or
c
a determination or, as the case may be, an award made under section 97B of the 1980 Act,
is still in force on the date on which this enactment comes into force the order, settlement, determination or award shall, subject to subsection (3) below, remain in force after that date.
3
Where, after this enactment comes into force—
a
any group of teaching staff employed in or in connection with the provision of further education in Scotland and those employing them agree, whether expressly or impliedly, to an alteration of the remuneration payable to, or the terms and conditions of employment of, that group of teaching staff; or
b
any such alteration as is mentioned in paragraph (a) above is arrived at in an agreed manner,
that alteration shall, to the extent that it is concerned with the same matters, supersede any such order, settlement, determination or award as is referred to in paragraph (a), (b) or (c) of subsection (2) above.
Part III Miscellaneous and General
Miscellaneous
68 Technology academies.
1
The Secretary of State may enter into an agreement with any person under which—
a
that person undertakes to establish and maintain, and to carry on, or provide for the carrying on of, an independent school, to be known as a “technology academy”, having such characteristics as are specified in the agreement and in subsection (2) below; and
b
the Secretary of State agrees to make payments to that person in consideration of those undertakings.
2
The characteristics mentioned above are that the school—
a
provides secondary education; and
b
has a broad curriculum with an emphasis on science and technology.
3
An agreement under this section shall make any payments by the Secretary of State dependent on the fulfilment of—
a
conditions and requirements imposed for the purpose of securing that no fees are payable in respect of school education provided at the school; and
b
such other conditions and requirements with respect to the school as are specified in the agreement.
4
Payments under an agreement under this section may be in respect of capital or current expenditure and, in so far as they relate to the latter, the agreement shall provide for their continuance, subject to the fulfilment of the conditions and requirements mentioned in subsection (3) above, for a period of not less than seven years or for an indefinite period terminable by the Secretary of State by not less than seven years written notice.
5
Where such payments relate to capital expenditure, the agreement shall provide for the repayment to the Secretary of State, in the event at any time of the school being discontinued or ceasing to have the characteristics specified in the agreement and in subsection (2) above, of sums determined by reference to—
a
the value at that time of the school premises and other assets held for the purposes of the school; and
b
the extent to which expenditure incurred in providing those assets was met by payments under the agreement.
6
Without prejudice to subsection (4) above, an agreement under this section may provide for indemnifying a person, in the event of the agreement being terminated by the Secretary of State, for expenditure—
a
incurred by that person in carrying out the undertaking mentioned in subsection (1) above; or
b
incurred by that person (otherwise than by virtue of subsection (5) above) in consequence of the termination of the agreement.
7
Where the Secretary of State is satisfied that a person intends to enter into an agreement with him under this section as respects a technology academy he may, in advance of such agreement, and subject to such conditions and requirements as he considers appropriate, make payments to that or any other person in respect of expenditure incurred, or to be incurred, in establishing the academy.
69 Testing in primary schools.
1
At the end of section 2 of the 1980 Act (power of Secretary of State to prescribe standards etc. for education authorities) there shall be added the words “and, without prejudice to the generality of the foregoing, such regulations may include provision as to the testing of pupils in primary schools.”.
F302
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F143
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
70 Appraisal of teachers.
1
The Secretary of State may by regulations require—
a
education authorities;
F31b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
c
managers of grant-aided schools; and
F15d
the boards of management of colleges of further education within the meaning of Part I of the Further and Higher Education (Scotland) Act 1992,
(in this section referred to as the “employers”) to secure that the performance of members of their teaching staff in carrying out their duties is regularly appraised in accordance with such requirements as may be prescribed.
2
Regulations under this section may require the employers to make schemes for the appraisal of the performance of such members of their teaching staff as may be prescribed; and different schemes may be required to be made in respect of different classes of teachers or of teachers in different establishments.
3
Subject to regulations made under this section, an employer may at any time vary or replace a scheme made in accordance with those regulations and, if such regulations so require, he shall—
a
before making, varying or replacing any such scheme, consult any body representing teaching staff who are to be affected by the scheme as proposed to be made, varied or replaced;
b
before proceeding with appraisal under any such scheme as so made, varied or replaced, submit it to the Secretary of State.
4
When a scheme is submitted to him under subsection (3) above, the Secretary of State may—
a
approve it; or
b
after consulting the employer concerned, amend it; or
c
reject it, and require the employer to prepare and submit a fresh scheme.
5
Before making regulations under this section the Secretary of State shall consult—
a
such bodies representing education authorities or teaching staff as appear to him to be concerned; and
b
any other persons with whom consultation appears to him to be desirable.
6
With effect from such date as may be prescribed—
a
there shall be deemed to be incorporated into the contract of employment of each member of the employers’ teaching staff a provision requiring such a member to participate in any arrangements for the appraisal of staff made in accordance with regulations made under this section; and
b
that contract shall have effect only in so far as consistent with that provision.
F3671 Placing of recorded and other children and young persons in schools outwith Scotland etc.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3772 Further amendment of 1980 Act in respect of recorded children.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
73 Educational services: extension of power of Secretary of State to make grants.
In section 73(d) of the 1980 Act (power of Secretary of State to make grants to persons providing education or educational services other than education authorities, universities and managers of educational establishments)—
a
the word
“for” shall be inserted before the words “
providing education or educational services
”
and shall with those words constitute sub-paragraph (i); and
b
after that sub-paragraph there shall be inserted the word “
or
”
and the following sub-paragraph—
ii
in respect of expenditure incurred or to be incurred by them for the purposes of, or in connection with the provision (or proposed provision) of, education or educational services.
F3974 Appointment of teachers.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
75 Dismissal of teachers.
Section 88 of the 1980 Act (which makes provision as to the procedure to be carried out by an education authority in dismissing certain registered teachers) shall cease to have effect.
F3276 Remuneration of certain persons employed in providing school education.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
77 Extensions of functions of Commission for Local Authority Accounts in Scotland.
1
If a governing body so requests, the Commission for Local Authority Accounts in Scotland ( “the Commission”) may—
a
promote or undertake studies designed to improve the economy, the efficiency, or the effectiveness, of the management or operations of that body;
b
in relation to that body’s accounts in respect of any financial year—
i
give advice as to the appointment of suitable persons; or
ii
arrange for members of the Commission’s staff acceptable to that body,
to audit those accounts.
2
For the purposes of this section “governing body” means—
F33a
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b
a college council established under section 54 of this Act; or
c
the board of directors of a company formed by an education authority by virtue of section 65 of this Act.
3
Where the Commission provide services to a governing body under subsection (1) above they shall charge that governing body such fees as will enable the Commission to recover the whole cost of providing those services.
4
The provisions of section 97(3) of the 1973 Act (power of the Secretary of State to give directions to the Commission in relation to the discharge of their functions) shall apply in relation to the functions conferred on the Commission by subsection (1) of this section as they apply in relation to the functions conferred on the Commission by subsection (2) of that section.
General
78 Orders and regulations.
1
Any power of the Secretary of State to make orders or regulations under this Act (other than under any of the excepted provisions) shall be made by statutory instrument.
2
For the purposes of subsection (1) above, the excepted provisions are sections 2(2) and 50(1) and paragraph 1 of Schedule 5.
3
A statutory instrument containing any order or regulations made by the Secretary of State under this Act, other than an order under section 81, shall be subject to annulment in pursuance of a resolution of either House of Parliament.
4
Orders or regulations under this Act may make different provision for different cases or circumstances and may contain such incidental, supplemental or transitional provision as the Secretary of State thinks fit.
79 Expenses.
There shall be defrayed out of money provided by Parliament—
a
any expenses incurred by the Secretary of State under this Act; and
b
any increase attributable to this Act in the sums payable under any other Act out of money so provided.
80 Interpretation.
1
In this Act, unless the context otherwise requires—
“the 1973 Act” means the M2Local Government (Scotland) Act 1973;
“the 1980 Act” means the M3Education (Scotland) Act 1980;
F34...
F34...
F34...
F34...
F16. . .
F34...
“education authority”, in relation to a school or college of further education, means the education authority within whose area the school or, as the case may be, the college is situated;
F34...
F34...
F34...
F34...
F34...
F34...
“prescribed” means prescribed by regulations made by the Secretary of State;
F34...
F34...
F34...
F34...
F34...
F34...
F34...
“technology academy” has the meaning given by section 68(1) of this Act.
2
Subject to subsection (1) above, expressions used in this Act and in either the 1980 Act or the 1988 Act (or in both) shall, unless the context otherwise requires, have the same meaning in this Act as in that Act (or those Acts).
81 Commencement.
1
The following provisions of this Act shall come into force on the passing of this Act—
Part I;
Part II except section 67;
Part III except sections 69(1) and (2), 70, 72 to 76, and 82(2);
Schedules 1 to 9; and
Schedule 10 except paragraphs 1, 2, 8(7), (9) to (11) and (13) to (21) and 10.
C22
Schedule 11 and the provisions of Parts II and III and Schedule 10 which are excepted by subsection (1) above shall come into force on such date as the Secretary of State may by order appoint.
3
Under subsection (2) above different dates may be appointed in relation to different provisions and for different purposes of the same provision.
82 Minor and consequential amendments and repeals.
1
The enactments mentioned in Schedule 10 to this Act shall have effect subject to the amendments specified in that Schedule, being minor amendments and amendments consequential upon the provisions of this Act.
2
The enactments mentioned in Schedule 11 to this Act are repealed to the extent specified in the third column of that Schedule.
83 Citation and extent.
This Act—
a
may be cited as the Self-Governing Schools etc. (Scotland) Act 1989; and
b
extends to Scotland only.
SCHEDULES
F27SCHEDULE 1 The Scheme of Government
Sch. 1 repealed (31.12.2004) by Standards in Scotland’s Schools etc. Act 2000 (asp 6), s. 61(2), sch. 3; S.S.I. 2004/528, art. 2(b)
F27Part I Articles of Constitution
F27 Denominational schools
F271
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F27 Initial provision as regards membership
F272
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F273
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F27 Parental majority
F274
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F27 Eligibility
F275
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F27 Resignation and removal
F276
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F277
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F27 Proceedings
F278
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F279
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F27 Allowances to members
F2710
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2711
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F27 Saving
F2712
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F27Part II Articles of Management
F271
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F272
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F28SCHEDULE 2 Rights of Parents in Relation to Individual Pupils
Sch. 2 repealed (31.12.2004) by Standards in Scotland’s Schools etc. Act 2000 (asp 6), s. 61(2), sch. 3; S.S.I. 2004/528, art. 2(b)
F28 General principle
F281
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F28 Specific Duties
F282
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F28 Appeals
F283
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F284
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F285
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F286
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F287
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F28 Application to young persons
F288
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F17SCHEDULE 3
Sch. 3 repealed (14.7.2000) by 2000 asp 6, ss. 60(2), 61(2)(c) Sch. 3
1
The school board shall secure that all necessary arrangements for the ballot are made by such body as may be prescribed (in this Schedule referred to as “the prescribed body”).
2
The arrangements, and the exercise by the school board of any functions in relation to the ballot, shall accord with such guidance as the Secretary of State may from time to time publish for the purposes of this Schedule.
3
The ballot shall be a secret postal ballot of all parents of pupils for the time being in attendance at the school and any question as to whether a person is such a parent shall be determined by the school board; but on being requested to do so by the school board the education authority shall, for the purposes of the ballot, provide the board with a copy of the current list maintained by the authority, in respect of the school, under paragraph 6 of Schedule 1 to the 1988 Act (list of names of parents of pupils in attendance).
4
It shall be the duty of the school board to secure that the prescribed body take such steps as are reasonably practicable to ensure that each person who is eligible to vote in the ballot is—
a
without prejudice to sub-paragraph (b) below, given such information about the consequence for the school of acquisition of self-governing status as may reasonably be expected to enable him to form a proper judgment as to whether such status should be sought for the school;
b
given such information, including (without prejudice to the generality of this sub-paragraph) information—
i
about the ballot and about the procedure for the acquisition of self-governing status; and
ii
in the case of a ballot held by virtue of section 15 of this Act, an explanation (which in the case of a ballot required by a notice under subsection (1) of that section shall repeat the reasons given in the notice by the Secretary of State for declaring the earlier ballot void) as to why a fresh ballot is to be held,
as may be prescribed;
c
informed that he is entitled to vote in the ballot; and
d
given an opportunity to do so by being provided timeously with a ballot paper which sets out the question as to whether such status should be sought for the school and invites him to vote “yes” or “no” to that question.
5
Before the ballot the school board shall make available, for inspection (at all reasonable times and free of charge), to every person employed to work at the school a document containing the information given under paragraph 4(a) and (b) above.
6
Subject to section 14 of this Act, and to the foregoing provisions of this Schedule, the arrangements shall be such as the school board think fit.
F18SCHEDULE 4
Sch. 4 repealed (14.7.2000) by 2000 asp 6, ss. 60(2), 61(2)(c), Sch. 3
1
1
An interim board of management of a self-governing school shall be constituted, under section 19(2) of this Act, in accordance with the following provisions of this paragraph.
2
The members of the school board who are—
a
parent members shall become parent members of the interim board of management;
b
staff members shall become staff members of the interim board of management;
c
co-opted members shall become members of the interim board of management, being deemed appointed members thereof.
2
A person who is a member of a board of management by virtue of paragraph 1 above shall hold office until the interim board of management is succeeded by the first board of management to which members are elected, regardless of whether any period which, but for the operation of section 19(4) of this Act, would have remained of his term of office as a member of the school board, expires before the date of the relevant election.
3
An interim board of management shall cease to exist on the fulfilment of their duty under section 3(3) of this Act and shall thereupon be succeeded as board of management by the parent members and staff members to whose election that duty related, together with the person who is for the time being the head teacher of the school.
F19SCHEDULE 5
Sch. 5 repealed (14.7.2000) by 2000 asp 6, ss. 60(2), 61(2)(c), Sch. 3
1
Where under section 19(1)(b) of this Act the Secretary of State approves proposals for acquisition of self-governing status in respect of any school he may, by an order or orders made at any time on or after such approval and before the incorporation date in relation to the school, make such provision as he considers appropriate in connection with the school’s transition to self-governing status and the impending transfer of responsibility for the conduct of the school to the board of management.
2
The provision that may be made by an order under paragraph 1 above includes in particular provision—
a
for the exercise by the school board in relation to the school, in such circumstances and in such manner and subject to such conditions as may be specified in the order, of any power so specified corresponding to any of the powers that would by virtue of section 7 of this Act be exercisable by the board of management of the school on that board’s incorporation, including in particular power—
i
to appoint members of staff to take up employment on or after the incorporation date;
ii
to enter into contracts for the purpose of, or in connection with, the conduct of the school on or after that date; and
iii
to determine the arrangements for admission of pupils to the school that are to apply in the first school year beginning on or after that date;
b
excluding or modifying any powers of the education authority in relation to any matter to which any power exercisable by the school board in accordance with any provision made by virtue of sub-paragraph (a) above applies;
c
for—
i
requiring the school board to be consulted before the education authority exercise in relation to the school any function of a description specified in the order or take in relation to the school any action of a description so specified; or
ii
requiring or enabling the school board to participate in the exercise in relation to the school of any such function or in the taking in relation to the school of any such action,
in such circumstances and in such manner as may be so specified;
d
with respect to the proceedings of the school board and the authentication of their actions (including the making or issue of any instrument by them or on their behalf); and
e
that without prejudice to the generality of section 10(1)(a) of the 1988 Act (information and reports) and even in so far as that section might not otherwise compel compliance, the education authority shall provide the school board with such information as the board may reasonably request under that section in respect of—
i
the administration of the school;
ii
the fabric of the school;
iii
the staff employed at the school;
iv
the pupils in attendance at the school; and
v
other children and young persons who would be expected to be pupils in attendance at the school within two years after the incorporation date and of whose existence the authority are aware.
3
1
The Secretary of State may make grants to the school board in respect of expenditure incurred or to be incurred by them in pursuance of any provision made by an order under paragraph 1 above.
2
The Secretary of State may impose on a school board to whom any such payment is made such requirements as he may from time to time determine (whether before, at or after the time when the payment in question is made).
4
The duty of an education authority to maintain a school in respect of which proposals for acquisition of self-governing status have been approved shall not apply in relation to any expenses incurred by the school board by virtue of this Schedule.
5
At any time on or after the date on which he approves any such proposals the Secretary of State may consult the school board with respect to the provisions he proposes to include in the scheme of government for the school.
6
On and after the incorporation date in relation to a school any appointment made, contract entered into or other thing done by the school board in pursuance of any provision made by an order under paragraph 1 above, so far as subsisting or in force immediately before that date, shall be treated as having been made, entered into or done by the board of management.
SCHEDULE 6 Provision of Benefits and Services for Pupils at Self-Governing Schools etc.
1
1
The 1980 Act shall be amended as follows.
2
In section 51 (provision of transport etc.)—
a
in subsection (1), after the words
“(2A)” there shall be inserted the words “
or (2AB)
”
;
b
after subsection (2A) there shall be inserted the following subsections—
2AB
This subsection applies—
a
where the pupil is in attendance at a self-governing school but lives outwith an area for the time being specified in relation to that school by the Secretary of State by order under this subsection; or
b
where the pupil lives within that area and either—
i
his parent has not applied to the board of management, under paragraph 2(1) of Schedule 2 to the Self-Governing Schools etc. (Scotland) Act 1989, for the pupil’s admission to the school; or
ii
his parent has so applied and they are prepared to admit the pupil, but the pupil is not in such attendance;
and paragraph 8 of the said Schedule 2 shall apply in relation to references in this subsection as that paragraph applies to references in paragraphs 2 to 7 of that Schedule.
2AC
An order under subsection (2AB) above may be revoked, and a new area specified in relation to the school, by a further order under that subsection; but before making any such order, or further order, the Secretary of State shall consult the board of management of the school and the education authority within whose area the school is situated.
3
In section 54 (education authority’s duty to ensure clothing of pupils at public schools is sufficient etc.)—
a
in subsection (1), after the word
“management” there shall be inserted the words “
, or a self-governing school,
”
; and
b
in subsection (3), at the end there shall be added the words “
; or for any pupil who is a boarder at a self-governing school
”
.
4
In section 55(b)
(arrangements for provision of sufficient clothing by education authority for pupils in attendance at schools other than public schools), at the beginning there shall be inserted the words “
except in relation to a school which is a self-governing school,
”
.
5
In section 57 (health of pupils)—
a
in subsection (2), for the words from “inspection”, where it occurs for the second time, to the end there shall be substituted the words—
a
an education authority may require the parent of any pupil in attendance at any school under their management; and
b
a board of management of a self-governing school may require the parent of any pupil in attendance at that school,
to submit the pupil for medical or dental inspection in accordance with arrangements made by the appropriate Health Board in agreement with the authority, or as the case may be board of management; and—
i
an education authority may require any young person in attendance at any educational establishment under their management;
ii
a board of management of a self-governing school may require any young person in attendance at that school,
to submit himself for such medical or dental inspection.
b
in subsection (3), after the word
“authority” there shall be inserted the words “
or board of management
”
.
6
In section 58 (power to ensure cleanliness)—
a
in subsection (1)—
i
after the word
“directions”, where it occurs for the second time, there shall be inserted the words “
, and the board of management of any self-governing school may by notice in writing issued with respect to that school,
”
; and
ii
after the words
“such schools”, where they occur for the second time, there shall be inserted the words “
(or as the case may be at that school)
”
;
b
in subsection (2), after the word
“authority” there shall be inserted the words “
, or in the case of a self-governing school, the board of management,
”
;
c
in subsection (3), after the word “authority”—
i
where it first occurs, there shall be inserted the words—
, or in the case of a self-governing school the board ofmanagement
ii
where it occurs for the second time, there shall be inserted the words—
, or in the case of a self-governing school any officerappointed by the board of management,
d
in each of subsections (4) and (6), after the word
“authority” there shall be inserted the words “
, or as the case may be the board of management
”
.
2
In section 39 of the M7National Health Service (Scotland) Act 1978 (medical and dental inspection of pupils etc.)—
a
in subsection (1), after the word
“authority” there shall be inserted the words “
or at any self-governing school
”
;
b
in subsection (3), after the word
“authority”, where it first occurs, there shall be inserted the words “
and of every board of management
”
; and
c
in subsection (4), after the word
“authority” there shall be inserted the words “
and of every board of management
”
.
F29 SCHEDULE 7 Arrangements in Respect of Ballot of Parents Regarding Change in Characteristics of Self-Governing School
Schs. 7-9 repealed (31.12.2004) by Standards in Scotland’s Schools etc. Act 2000 (asp 6), s. 61(2), sch. 3; S.S.I. 2004/528, art. 2(b)
1
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F29 SCHEDULE 8 Transfer and Apportionment of Assets
Identification of land, moveable property, liabilities and obligations
1
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Transfer certificates
3
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Reference of disputes to Secretary of State
5
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Right to production of documents of title
6
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Construction of agreements
7
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
8
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
9
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
10
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Third parties affected by vesting provisions
11
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Delivery of documents to board of management
12
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F29 SCHEDULE 9 Commissioners for School Assets
Appointment
1
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Resignation and dismissal
5
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Powers
7
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
8
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
9
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Status
10
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
SCHEDULE 10 Minor and Consequential Amendments
The Universities (Scotland) Act 1889 (c. 55)
1
In subsection (5) of section 5 of the Universities (Scotland) Act 1889 (which relates to the constitution of university courts), for the words
“the principal” there shall be substituted the words “
a vice-chairman elected by the Court from among all its members,
”
.
The Teaching Council (Scotland) Act 1965 (c. 19)
F422
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Local Authorities (Goods and Services) Act 1970 (c. 39)
F353
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Tribunals and Inquiries Act 1971 (c. 62)
F204
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Sex Discrimination Act 1975 (c. 65)
5
1
The Sex Discrimination Act 1975 shall be amended as follows.
2
In section 22 (discrimination by bodies in charge of educational establishments), in the Table, after paragraph 7 there shall be inserted the following paragraph—
7A. Self-governing school.
Board of management.
3
In section 25(6)(c)(i)
(general duty in public sector of education), for the words
“or 7” there shall be substituted the words “
, 7 or 7A
”
.
4
In section 82(1) (interpretation)—
a
after the definition of “associated employer” there shall be inserted the following definition—
“board of management”, in relation to a self-governing school, has the same meaning as in the Education (Scotland) Act 1980;
b
after the definition of “school education” there shall be inserted the following definition—
“self-governing school” has the same meaning as in the Education (Scotland) Act 1980;
5
In paragraph 6 of Schedule 2 (transitional exemption orders for educational admissions) for the words
“or 7” there shall be substituted the words “
, 7 or 7A
”
.
The Race Relations Act 1976 (c. 74)
6
1
The Race Relations Act 1976 shall be amended as follows.
2
In section 17 (discrimination by bodies in charge of educational establishments), in the Table, after paragraph 7 there shall be inserted the following paragraph—
7A. Self-governing school.
Board of management.
F213
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4
In section 78(1) (interpretation)—
a
after the definition of “advertisement” there shall be inserted the following definition—
“board of management”, in relation to a self-governing school, has the same meaning as in the Education (Scotland) Act 1980;
b
after the definition of “school education” there shall be inserted the following definition—
“self-governing school” has the same meaning as in the Education (Scotland) Act 1980;
The Employment Protection (Consolidation) Act 1978 (c. 44)
F227
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Education (Scotland) Act 1980 (c. 44)
8
1
The 1980 Act shall be amended as follows.
F382
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3
In section 8 (religious instruction)—
a
in subsection (1), after the word “authorities” there shall be inserted the words “and boards of management of self-governing schools”; and
b
in subsection (2), after the words “education authority” there shall be inserted the words “or board of management”.
4
In section 9 (conscience clause), for the words “and every grant-aided school” there shall be substituted the words “, every grant-aided school and every self-governing school”.
5
In section 10 (safeguards for religious beliefs)—
a
after the words “education authority”, where they first occur, there shall be inserted the words “, or at any self-governing school”;
b
the words from “of the school,” where they first occur to “establishment, the education authority” shall become paragraph (a), and after that paragraph there shall be inserted the following paragraph—
;
b
of the self-governing school, the board of management,
c
for the words “or other educational establishment”, where they occur for the third time, there shall be substituted the words “, other educational establishment or self-governing school”; and
d
at the end there shall be added the words “or, as the case may be, by the board of management”.
6
In section 19 (power of Secretary of State to prescribe standards for premises etc.)—
a
in subsection (1), after the word “authorities” there shall be inserted the words “or to the premises and equipment of self-governing schools”;
b
in subsection (2)—
i
the words from “of an education authority” to “that establishment” shall be paragraph (a), and after that paragraph there shall be inserted the following paragraph—
b
of the board of management of a self-governing school to secure that the premises and equipment of the school conform to the standards and requirements applicable to that school
ii
after the words “their management” where they occur for the second time there shall be inserted the words “, or as the case may be of the self-governing school,”; and
c
in subsection (3)—
i
after the words “education authority” there shall be inserted the words “, or of any self-governing school,”;
ii
after the word “establishment” where it occurs for the second time there shall be inserted the words “or school”;
iii
after the words “the authority”, where they first occur, there shall be inserted the words “or as the case may be with the board of management”; and
iv
for the words “the authority”, where they occur for the second time, there shall be substituted the words “that authority or board”.
7
In section 21 (management of denominational schools), in subsection (2)—
a
at the beginning there shall be inserted the words “Subject to subsections (2A) and (2C) below,”;
b
for the words
Provided that—
i
all teachers appointed to
there shall be substituted the words—
2A
A teacher appointed to any post on
c
the words “in every case be teachers who” shall cease to have effect;
d
for the word “are” there shall be substituted the words “shall require to be”;
e
for the word “their” there shall be substituted the word “his”; and
f
for the word “(ii)” there shall be substituted the words—
2B
Where the said representatives of a church or denominational body refuse to give the approval mentioned in subsection (2A) above they shall state their reasons for such refusal in writing.
2C
8
In section 48A(5) (abolition of corporal punishment: interpretation), in paragraph (a)(i), after the word “public” there shall be inserted the words “, or self-governing,”.
9
In section 49 (power of education authorities to assist persons to take advantage of educational facilities), after subsection (2) there shall be inserted the following subsection—
2A
In subsection (2) above, references to attending school are to so attending not only where the school is in Scotland, but also where it is in England and Wales or in Northern Ireland ( “school education” being construed accordingly).
10
In section 50 (education of pupils in exceptional circumstances)—
a
in subsection (1), for the words “an appropriate school or college” there shall be substituted the words—
, in any case falling under—
i
paragraph (a) of this subsection, an appropriate school; and
ii
paragraph (b) thereof, the particular school.
b
after subsection (1) there shall be inserted the following subsection—
1A
In subsection (1) above, references to an appropriate school and to a particular school are references not only to schools in Scotland but also to schools in England and Wales or in Northern Ireland ( “school education” being construed accordingly).
c
in subsection (2)(a), for the words “section 51 of this Act” there shall be substituted the words “subsection (1) of section 51 of this Act (for the purposes of this paragraph, any reference in that section to a school being construed as a reference not only to a school in Scotland but also to a school in England and Wales or in Northern Ireland)”.
11
In section 52 (recovery of the cost of board and lodging), for the word “another” there shall be substituted the word “an”.
12
In section 53 (provision of school meals), after subsection (3) there shall be inserted the following subsection—
3A
Subsections (1) to (3) above apply in relation to pupils in attendance at a self-governing school and the board of management of that school as they apply in relation to pupils in attendance at a public school and the education authority under whose management the public school is.
13
In section 58 (power to ensure cleanliness), for the words “a junior college or other” there shall be substituted the word “an”.
14
In section 66(1) (inspection of educational establishments)—
a
for the words “educational establishment being a school or junior college” there shall be substituted the word “school”; and
b
for the words “such school or junior college” there shall be substituted the word “school”.
15
In section 67 (local inquiries), after the words “under this Act” there shall be inserted the words “or under any other enactment relating to education”.
16
In section 68 (power to require submission to medical examination), for the words “a junior college or other” there shall be substituted the word “another”.
17
In section 74 (payment of grants to be subject to conditions), in subsection (1)—
a
after the words “prescribed in” there shall be inserted the words “or determined by him under”; and
b
after the words “specified in” there shall be inserted the words “or determined by him under”.
18
In section 86 (admissibility of documents), for the words “(e) or (f)” there shall be substituted the words “or (e)”.
F2419
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2520
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
21
In section 123 (work experience in last year of compulsory schooling)—
a
in subsection (1)—
i
for the words “in his last year of compulsory schooling” there shall be substituted the words “to whom this subsection applies”; and
ii
after the word “authority” there shall be inserted the words “(where the child is in attendance at a school under the management of that authority) or by the board of management of a self-governing school (where the child is in attendance at that self-governing school)”; and
b
for subsection (4) there shall be substituted the following subsection—
4
Subsection (1) above applies to a child undergoing compulsory education during the period between 1st May in the calendar year before the calendar year in which he attains the upper limit of school age and the end of the latter year.
22
In section 135(1) of that Act (interpretation)—
a
after the definition of “attendance order” there shall be inserted the following definition—
“board of management”, in relation to a self-governing school means a board incorporated under section 19(2) of the Self-Governing Schools etc. (Scotland) Act 1989;
b
in the definition of “grant-aided school”, at the end, there shall be added the words “, a self-governing school or a technology academy (within the meaning of the Self-Governing Schools etc. (Scotland) Act 1989)”;
c
in the definition of “independent school”, for the words “or a grant-aided school” there shall be substituted the words “, a grant-aided school or a self-governing school”;
d
in the definition of “school”, after the words “grant-aided school” there shall be inserted the words “, a self-governing school”;
e
after the definition of “school age” there shall be inserted the following definition—
“school board” has the meaning assigned to it by section 1 of the School Boards (Scotland) Act 1988;
f
after the definition of “school education” there shall be inserted the following definition—
“self-governing school” has the meaning given by section 1(3) of the Self-Governing Schools etc. (Scotland) Act 1989;
The Representation of the People Act 1983 (c. 2)
9
In paragraph 6 of Schedule 5 to the Representation of the People Act 1983 (arrangements for use of school room for parliamentary election meetings), after sub-paragraph (a) there shall be inserted the following sub-paragraph—
aa
for any reference to a grant maintained school and its governing body substitute a reference to a self-governing school and its board of management (within the meaning of the Education ((Scotland) Act 1980);
The School Boards (Scotland) Act 1988 (c. 47)
F4110
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
SCHEDULE 11 Repeals
1973 c. 65. | Local Government (Scotland) Act 1973. | Section 125. |
In section 126, the words “(as read with section 125(4) of this Act)—(a)”; the words “or of any college council appointed by that authority”; paragraph (b); and the proviso to paragraph (b). | ||
In Schedule 10, in paragraphs 1 and 2 the words “a college council”; and in paragraph 4 the words “college council”. | ||
1978 c. 29. | National Health Service (Scotland) Act 1978. | In section 39(1), the words “junior college or”. |
1980 c. 44. | Education (Scotland) Act 1980. | Section 1(5)(b)(i). |
In section 7(7)(d) the words “either as part of a junior college or”. | ||
In section 10, the words “, junior college” in each of the three places where they occur. | ||
In section 11(1)(a) the words “or junior colleges”. | ||
In section 11(2)(a), the words “junior college” and “college”. | ||
In section 12(1), the words “junior colleges”. | ||
In section 17(1), the words “junior colleges”. | ||
In section 17(3), the words “junior college”. | ||
In section 17(4), the words “junior colleges”. | ||
In section 21(2), the words “in every case be teachers who”. | ||
In section 23(1), the words “junior college”. | ||
Section 33(4). | ||
Sections 45 to 48. | ||
In section 50(1), in paragraph (b), the word “or”; paragraph (c); and the words from “and, in any case” to “the pupil”. | ||
In section 50(2)(b), the words “or at a junior college where boarding is provided,”. | ||
In section 52, the words “junior college or” and the words “in voluntary attendance at a junior college or,”. | ||
In section 57(4), the words “junior college”. | ||
In section 58(1), the words “junior colleges”, “colleges” and “colleges or”. | ||
In section 58(5), the words “junior college” where they first appear. | ||
In section 58(6), the words “junior college”; and the word “college” in both other places where it occurs. | ||
In section 71(3), the words “junior colleges”. | ||
In section 86(c), the words “or junior college” and “or college”. | ||
Section 86(f). | ||
Section 88. | ||
Sections 94 to 97. | ||
In section 97A, paragraph (b) of subsection (2). | ||
In section 97B(2), the words “or, as the case may be, section 95(1)”. | ||
In paragraph (a) of section 97C, the words “(i)” and “or”, and sub-paragraph (ii). | ||
Section 124. | ||
In section 135(1), in paragraph (i) of the definition of “educational establishment”, the words “, a junior college”, “other” and “junior college”; in paragraph (ii) of that definition the words “or junior colleges”; and the definition of “junior college”. | ||
In Schedule 6, paragraphs 1 to 15. |
Act applied (16. 5. 1992) by Further and Higher Education (Scotland) Act 1992 (c. 37), s. 36(3) (with s. 30(2)); S.I. 1992/817, art. 3(2), Sch.1.