Self-Governing Schools etc. (Scotland) Act 1989

General S

78 Orders and regulations. S

(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. S

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. S

(1) In this Act, unless the context otherwise requires—

• “the 1973 Act” means the M1 Local Government (Scotland) Act 1973;

• “the 1980 Act” means the M2 Education (Scotland) Act 1980;

• F1 ...M3

• F2 ...

• F2 ...

• F2 ...

• F2 ...

• F3 . . .

• F2 ...

• “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;

• F2 ...

• F2 ...

• F2 ...

• F4 ...M4

• F2 ...

• F2 ...M5

• F2 ...

• F2 ...

• “prescribed” means prescribed by regulations made by the Secretary of State;

• F2 ...

• F2 ...

• F2 ...

• F2 ...

• F2 ...

• F2 ...

• F2 ...

• “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).

Textual Amendments

F1 Words in s. 80(1) repealed (1.8.2007) by Scottish Schools (Parental Involvement) Act 2006 (asp 8), s. 24(2), sch.; S.S.I. 2007/31, art. 2(b), sch. 2

F2 Words in s. 80(1) repealed (31.12.2004) by Standards in Scotland’s Schools etc.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)

F3 Definition of "college of further education" in s. 80(1) repealed (1. 4. 1993) by Further and Higher Education (Scotland) Act 1992 (c. 37), s. 62(3), Sch. 10; S.I. 1992/817, art. 3(2), Sch. 4.

F4 Words in s. 80(1) repealed (28.11.2004) by Abolition of Feudal Tenure etc. (Scotland) Act 2000 (asp 5), ss. 71, 77(2), sch. 13 Pt. 1 (with ss. 58, 62, 75); S.S.I. 2003/456, art. 2

Marginal Citations

M1 1973 c. 65.

M2 1980 c. 44.

M3 1988 c. 47.

M4 1979 c. 33.

M5 1970 c. 35.

81 Commencement. S

(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.

(2) 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.

Modifications etc. (not altering text)

C1 Power of appointment conferred by s. 81(2) partly exercised: S.I. 1990/86, art. 2, 1990/1108, art. 2; S.I. 1997/391, art.2

82 Minor and consequential amendments and repeals. S

(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. S

This Act—

(a) may be cited as the Self-Governing Schools etc. (Scotland) Act 1989; and

(b) extends to Scotland only.