The School Boards (Scotland) Regulations 1989

Explanatory Note

(This note is not part of the Regulations)

These Regulations prescribe when the first elections of School Boards of public schools under the School Boards (Scotland) Act 1988 must be held. They prescribe the composition of School Boards and how the composition of a Board should be adjusted upon a change of circumstances. They regulate the extent to which Boards should make documents available to the public and the extent to which meetings of the Board should be open to the public.

Regulation 3 requires the first elections for parent and staff members of School Boards to be held by 31st October 1989.

Regulation 4 and the Schedule prescribe the numbers of parent, staff and co-opted members which Boards must have. The number of members is generally related to the number of pupils in attendance at the school. Separate provision is made for schools which have no staff other than the head teacher.

Regulation 4 also provides when the number of pupils in attendance at the school is to be counted, in order to determine the required composition of the School Board. For the purpose of the first establishment of School Boards in 1989, the pupil numbers will be counted at 31st August 1989. For the purpose of establishment of a School Board for any new school which is set up after 1st August 1989, the numbers will be counted 30 days after pupils first attend the school. For the purpose of establishment of a School Board in any other circumstances (i.e. after a period when the school has not had a Board) the pupil numbers will be counted at the previous 31st August. For the purpose of any subsequent adjustments to the composition of an existing Board, the pupil numbers will be counted every 2 years, at 31st August preceding the biennial election of parent members of the Board.

Regulations 5 to 7 provide for the measures which the education authority is to take for the adjustment of composition of a School Board. This will occur where the number of pupils in attendance, as determined at 31st August preceding a biennial election of parent members, has so altered as to require a change of composition. It will also occur where the school has become, or ceased to be, a school with staff other than the head teacher. The adjustment must be completed within 3 months after the biennial election of parent members and is to be largely integrated with that election. Regulations 6 and 7 provide in detail the adjustment measures to be taken.

Regulation 8 provides for documents relating to meetings of a Board or its committees to be available at the school for public inspection and provides which documents are excluded from this requirement.

Regulation 9 provides for meetings of a Board or its committees to be open to the public, except when prescribed subjects are under consideration.