Self-Governing Schools etc. (Scotland) Act 1989

14 Ballot of parents on question of acquisition of self-governing status

(1) Subject to subsection (2) below, any ballot—

(a) provided for by subsection (1) of section 13 of this Act shall be held within the period of three months immediately following, as the case may be—

(i) the date of the relevant resolution; or

(ii) the date of receipt of the relevant request;

(b) required by a notice under section 15(1) of this Act shall be held before such date as may be specified in the notice.

(2) In a case where, as regards the school in question, a ballot has been held in accordance with this section within the period of two years ending with the date immediately preceding the date of the relevant resolution, or as the case may be the date of receipt of the relevant request—

(a) subsection (1)(a) above and subsection (1) of the said section 13 shall not require a ballot to be held; and

(b) any notice under subsection (6) of that section shall, for the purposes of any provision of this Act other than this section or that section, be disregarded,

unless the Secretary of State gives consent in writing for a new ballot to be held (receipt and the date of receipt by the education authority of intimation of such consent being taken for the said purposes as and in place of receipt and the date of receipt of notice under the said subsection (6) either of a first resolution or of a request).

(3) In subsections (1)(a) and (2) above—

• “the relevant resolution” means the second resolution mentioned in subsection (1)(a) of section 13 of this Act; and

• “the relevant request” means the request mentioned in subsection (1)(b) of that section.

(4) Schedule 3 to this Act shall have effect as regards the arrangements to be made for holding the ballot.

(5) The result of the ballot shall forthwith be intimated to the Secretary of State, to the education authority, and where the school is a denominational school to the church or other denominational body in whose interest the school is managed, by the school board.

(6) Where a ballot is held in respect of a school in accordance with this section—

(a) the Secretary of State shall pay, or reimburse the school board in respect of, such expenses in respect of the ballot as appear to him to have been reasonably incurred by that board (not being expenses mentioned in paragraph (b) below); and

(b) the education authority shall pay, or reimburse the school board in respect of, such expenses incurred in connection with, or in contemplation of, legal proceedings (whether or not instituted) arising out of—

(i) the holding of the ballot; or

(ii) the publication under section 16(2) of this Act, following the determination of the result of the ballot, of proposals for acquisition of self-governing status for the school,

as appear to the Secretary of State to have been reasonably incurred by that board.

(7) The making of any payments under subsection (6) above shall be subject to such conditions as the Secretary of State thinks fit.