Education (Scotland) Act 1996

28 School Boards: elections

(1) In section 2 of the [1988 c. 47.] School Boards (Scotland) Act 1988 (in this Part of this Act referred to as “the 1988 Act”) (composition of Boards) subsections (8) to (12) shall cease to have effect.

(2) After the said section 2 there shall be inserted the following sections—

“2A Elections

(1) Subject to subsections (2) and (3) below, elections for members of School Boards shall be held during the regular election period in every relevant year; and in this Act, an election held under this subsection shall be referred to as a “regular election”.

(2) In the case of a school (including a combined school) which comes into existence after the commencement of section 28 of the Education (Scotland) Act 1996, the first election for members of the School Board shall be held as soon as practicable after pupils first attend the school.

(3) In the case of a school for which no School Board is established at the commencement of the said section 28—

(a) where a School Board has been disestablished or a first election has been held and no School Board has been established, further elections for members of the School Board shall be held in accordance with section 20(7) of this Act; and

(b) in any other case, the first election for members of the School Board shall be held as soon as practicable after pupils first attend the school.

(4) In the event of a lesser number of parent members being elected at an election held in pursuance of subsection (2) or (3) above than is necessary to make up the number for the time being prescribed under section 2 of this Act as the number of parent members for the Board, subsections (5), (6) and (7) of section 20 of this Act shall apply.

(5) In the event of a vacancy for a parent member of a Board arising a by-election shall be held—

(a) where an authority is so requested by the Board, not more than 3 months after the vacancy occurs; or

(b) in any other case, during the next regular election period whether or not that period falls in a relevant year.

(6) In the event of—

(a) a lesser number of staff members being elected on any occasion than is necessary to make up the number for the time being prescribed under the said section 2 as the number of staff members for the Board; or

(b) a vacancy for a staff member of a board arising,

a by-election shall be held as soon as possible and, in any event, not more than 3 months after the occasion or, as the case may be, vacancy arising.

(7) Where no person is elected by virtue of subsection (6) above, the education authority—

(a) may at any time; and

(b) if requested in writing by a person entitled to stand and vote in an election for a staff member, shall within three months of such request,

hold a by-election to fill the vacancy.

(8) Where a person ceases, for whatever reason, to be a parent member or a staff member not more than 6 months before the expiry of his term of office, it shall not be necessary to hold a by-election under subsection (5) or, as the case may be, (6) above.

(9) Schedule 1 to this Act shall have effect for the purpose of the holding of elections.

(10) In this section—

• “regular election period” means not earlier than 1 September in any year and not later than 30 November in that year, or such other period as may be prescribed; and

• “relevant year” means 1997 and every second year thereafter.

2B Co-option

(1) A Board shall, as soon as is practicable after their establishment, co-opt members in accordance with section 2(1) of this Act.

(2) Where a vacancy for a co-opted member of a Board occurs, the Board shall, in accordance with this Act, co-opt another person in his place.

(3) Subject to subsection (4) below, where, following the holding of a by-election for the election of a parent member of a Board no person is elected, the Board may, not later than three months after the holding of such by-election, invite a person from among the parents of pupils attending the school to be co-opted as a member of the Board; but no more than two persons co-opted under this subsection shall be members of the Board at any time, and a person so co-opted shall be known as a co-opted parent member of the Board.

(4) Subsection (3) above shall not apply in the case of a by-election held for the purpose of enabling a School Board to be established.”

(3) Where, before the commencement of this section—

(a) a vacancy occurs among the parent members of a Board; and

(b) no by-election has been held,

section 2A of the 1988 Act shall apply in relation to the holding of such a by-election.