Self-Governing Schools etc. (Scotland) Act 1989

19 Rejection or approval of proposals

(1) As regards any proposals published under section 16 of this Act, the Secretary of State may, after the expiry of the period mentioned in section 18(3) of this Act, after considering any relevant representations made under that subsection and after taking into account such other matters as he considers appropriate including, without prejudice to the generality of the foregoing, the percentage that the total votes cast in the ballot which occasioned publication of the proposals constituted of the total number of persons eligible to vote in the ballot and the percentage that the votes so cast which were in favour of seeking self-governing status for the school constituted of those total votes—

(a) reject the proposals, having first consulted the school board as regards the possible such rejection; or

(b) approve them without modification or, after consultation with the school board and the education authority, with such modifications as he thinks desirable;

but he shall in any event reject the proposals if by the time of expiry of the said period the school board have become disestablished.

(2) If proposals published in respect of any school under section 16 of this Act are approved by the Secretary of State, a board of management (initially an interim board of management) shall, on the proposed date of implementation of the proposals, or on such later date as the Secretary of State may, by notice in writing to the school board and to the education authority at any time before the proposed date, substitute for that date as the date of implementation (the date of implementation as proposed, or as the case may be as substituted, being in this Act referred to as the “incorporation date”)—

(a) be constituted; and

(b) become a body corporate under the proposed corporate name.

(3) Schedule 4 to this Act shall have effect as regards the constitution of interim boards of management and related matters.

(4) On the incorporation date the school board shall cease to exist.

(5) A school board shall provide the Secretary of State with such information and documents as he may require from them for the purposes of his determining under subsection (1) above whether to approve, approve with modifications, or reject any proposals published by them under section 16(2)(a) of this Act.