Self-Governing Schools etc. (Scotland) Act 1989

31 Discontinuance by board of management. S

(1) The board of management of a self-governing school shall not discontinue the school except in pursuance of proposals published and approved under this section.

(2) Where the board of management—

(a) decide by a resolution passed at a meeting of the board ( “the first resolution”) to publish proposals under this section for the discontinuance of the school and confirm that decision by a resolution ( “the second resolution”) passed at a subsequent meeting of the board held not less than twenty-eight days, nor more than forty-two days, after that at which the first resolution was passed; and

(b) give notice in writing of the second resolution to the Secretary of State and to the education authority,

they may within the period of six months beginning with the date of the second resolution publish proposals for that purpose in such manner as may be prescribed and shall submit 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, a copy of the published proposals.

(3) The notice required by subsection (2)(b) above shall be given as soon as practicable after the passing of the resolution to which it refers.

(4) The published proposals—

(a) shall specify the proposed date of discontinuance of the school; and

(b) shall be accompanied by a statement—

(i) indicating whether or not any proposals with respect to the establishment of a new school on the premises of the school have been published under section 22A of the 1980 Act (provision for consultation on certain changes); and

(ii) explaining the effect of subsection (5) below.

(5) Before the end of the period of two months beginning with the date of publication of the proposals, any person may submit representations to the Secretary of State in respect of the proposed discontinuance.

(6) The Secretary of State may, after considering any representations submitted under subsection (5) above, reject any proposals under this section, approve them without modification or, after consultation with the board of management and the education authority, approve them with modifications which, without prejudice to the generality of this subsection, may include the substitution of a different date for the date of discontinuance proposed.

(7) If the Secretary of State approves proposals under this section with respect to a school—

(a) the board of management shall cease to manage the school; and

(b) the Secretary of State’s duty to maintain the school shall cease,

on the date of discontinuance specified in the proposals as approved or on any other date subsequently specified by the Secretary of State at the request of the board (whether in substitution for the date specified in the proposals as approved or in substitution for a date previously specified under this subsection).