Self-Governing Schools etc. (Scotland) Act 1989

Section 82(1).

SCHEDULE 10 S Minor and Consequential Amendments

The Universities (Scotland) Act 1889 (c. 55) S

1 S 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) S

F1 2 S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Sch. 10 para. 2 repealed (2.4.2012) by The Public Services Reform (General Teaching Council for Scotland) Order 2011 (S.S.I. 2011/215), art. 2, sch. 7

The Local Authorities (Goods and Services) Act 1970 (c. 39) S

F2 3 S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F2 Sch. 10 para. 3 repealed (31.12.2004) by Standards in Scotland’s Schools etc.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)

The Tribunals and Inquiries Act 1971 (c. 62) S

F3 4 S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F3 Sch. 10 para. 4 repealed (1. 10. 1992) by Tribunals and Inquiries Act 1992 (c. 53), ss. 18(2), 19(2), Sch. 4 Pt.I.

The Sex Discrimination Act 1975 (c. 65) S

5 (1) The Sex Discrimination Act 1975 shall be amended as follows. S

(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;”; and

(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) S

6 (1) The Race Relations Act 1976 shall be amended as follows. S

(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.”.

F4 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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;”; and

(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;”.

Textual Amendments

F4 Sch. 10 para. 6(3) repealed (2.4.2001) by 2000 c. 34, s. 9(2), Sch. 3 (with s. 10(5)); S.I. 2001/566, art. 2

The Employment Protection (Consolidation) Act 1978 (c. 44) S

F5 7 S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F5 Sch. 10 para. 7 repealed (22.8.1996) by 1996 c. 18, ss. 242, 243, Sch. 3 Pt.I (with ss. 191-195, 202)

The Education (Scotland) Act 1980 (c. 44) S

8 (1) The 1980 Act shall be amended as follows. S

F6 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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”; and

(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).”; and

(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)”.

F7 (19) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F8 (20) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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;”;and

(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;”.

Textual Amendments

F6 Sch. 10 para. 8(2) repealed (14.11.2005) by Education (Additional Support for Learning) (Scotland) Act 2004 (asp 4), s. 35(1), sch. 3 para. 6(c); S.S.I. 2005/564, art. 2

F7 Sch. 10 para. 8(19) 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)

F8 Sch. 10 para. 8(20) 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)

The Representation of the People Act 1983 (c. 2) S

9 S 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) S

F9 10 S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F9 Sch. 10 para. 10 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