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Self-Governing Schools etc. (Scotland) Act 1989

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Changes over time for: Cross Heading: Miscellaneous

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Version Superseded: 31/12/2004

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MiscellaneousS

34 Administrative, professional, technical or other services.S

(1)Without prejudice to section 1 of the Local Authorities (Goods and Services) Act 1970 (power of local authority and public body to enter into agreement for certain purposes) the board of management of a self-governing school may require the education authority to provide them with any administrative, professional, technical or other services which the authority provide to or in respect of schools under the authority’s management.

(2)An education authority may make such charge as is reasonable for any services which they are required under subsection (1) above to provide; and they shall in determining what charge to make have regard both to the cost of providing the services and to any guidance issued by the Secretary of State in respect of any such charge.

(3)In the event of any dispute arising between the education authority and the board of management as regards the reasonableness of any such charge, the matter may be referred by either party to the Secretary of State, whose decision in that regard shall be final.

35 Functions of school board: application of certain provisions of 1988 Act.S

(1)In so far as the context admits, functions under this Act of a school board are, for the purposes of—

(a)section 5 of the 1988 Act (advice to boards) matters within the competence of the board;

(b)sections 8(1) (exercise of functions of boards) and 19 (allowances for members) of that Act functions of the board;

(c)section 12(2)(a) (reports to parents) of that Act activities of the board;

(d)section 12(2)(b) (ascertaining views of parents) of that Act matters which are the responsibility of the board;

(e)section 13 (parents’ meetings) of that Act activities of the board.

(2)Subsection (1) of section 17 of the 1988 Act (financing of boards) shall apply in relation to functions of a school board under this Act as it applies to such functions under that Act; and subsection (3) of that section shall be construed accordingly.

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