Self-Governing Schools etc. (Scotland) Act 1989

2 Scheme of government

(1) For every self-governing school there shall be an instrument (to be known as the scheme of government), one part of which (to be known as the articles of constitution) shall make provision for the constitution of the board of management of the school and the other part of which (to be known as the articles of management) shall make provision as regards the exercise of the board’s functions in respect of the school.

(2) A scheme of government—

(a) shall be made; and

(b) may be varied,

by order of the Secretary of State; but any variation involving a change in the characteristics of the school shall only be made by virtue of subsection (10) of section 30 of this Act (“change in characteristics” being construed in accordance with subsection (13) of that section).

(3) Before making any order under subsection (2) above, other than by virtue of section 30(10) of this Act, the Secretary of State shall consult—

(a) the board of management or, before the incorporation date, the school board of the school in question; and

(b) where the school is a denominational school, the church or other denominational body in whose interest the school is managed.

(4) The first scheme of government required by subsection (1) above for a school—

(a) shall be made before the incorporation date to come into force on that date; and

(b) shall accord, in so far as is practicable, with the proposals, as approved under section 19(1)(b) of this Act, for acquisition of self-governing status for the school.