UKPGA-1989-39 — Self-Governing Schools etc. (Scotland) Act 1989

preamble

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Part I

Self-Governing Schools

s. 1 — Duty of Secretary of State to maintain self-governing schools.

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s. 2 — Scheme of government.

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s. 3 — The board of management and the articles of constitution.

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s. 4 — Members’ tenure of office.

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s. 5 — Qualification for and disqualification from membership of a board of management.

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s. 6 — Proceedings of board of management.

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s. 7 — Powers and duties of board of management.

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s. 8 — Execution of documents.

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s. 9 — Reports and parents’ meetings.

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s. 10 — Rights of parents in relation to individual pupils.

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s. 11 — Fees, charges, books etc.

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s. 12 — Management of denominational schools.

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s. 13 — Initiation of procedure for acquisition of self-governing status.

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s. 14 — Ballot of parents on question of acquisition of self-governing status.

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s. 15 — Fresh ballot.

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s. 16 — Proposals for acquisition of self-governing status.

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s. 17 — Ballot expenses.

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s. 18 — Further provision as regards proposals under section 16.

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s. 19 — Rejection or approval of proposals.

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s. 20 — Transition to self-governing status.

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s. 21 — Effect of pending procedure for acquisition of self-governing status on proposals for alteration etc. of schools.

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s. 22 — Transfer of staff to self-governing schools.

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s. 23 — Further provision as regards teachers in self-governing schools.

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s. 24 — Effect of pending procedure for acquisition of self-governing status on appointment etc. of staff.

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s. 25 — Provision of benefits and services for pupils by education authorities.

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s. 26 — Recurrent grant, capital grants and special purpose grants.

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s. 27 — Recurrent grant in respect of provision for special educational needs.

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s. 28 — Recovery of sums in respect of recurrent grant.

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s. 29 — Extension of, and recovery for education etc. provided under, section 23 of 1980 Act.

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s. 30 — Change in characteristics of self-governing school.

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s. 31 — Discontinuance by board of management.

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s. 32 — Compensation in respect of denominational schools.

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s. 33 — Withdrawal of grant by Secretary of State.

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s. 34 — Administrative, professional, technical or other services.

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s. 35 — Functions of school board: application of certain provisions of 1988 Act.

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s. 36 — Transfer of land, moveable property and obligations to board of management.

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s. 37 — Disposal of land by board of management.

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s. 38 — Commissioners for school assets.

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s. 39 — Certificates in respect of land, moveable property etc.

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s. 40 — Transfer of property where no certificate issued.

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s. 41 — Disposal of land or moveable property by education authority prior to incorporation date.

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s. 42 — Reduction of disposals of property by education authority.

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s. 43 — Prevention of disposals of property by education authority.

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s. 44 — Repudiation of agreements made in contravention of section 43.

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s. 45 — Reduction or setting aside of disposals made in contravention of section 43.

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s. 46 — Commissioner for school assets’ right of action for contravention of section 43.

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s. 47 — Removal of property from school by education authority.

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s. 48 — Duty of education authority to provide information.

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s. 49 — Educational endowments.

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s. 50 — Winding up orders.

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s. 51 — Disposal of property on winding up.

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s. 52 — Transfer of school for establishment of new school.

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s. 53 — Disposal of surplus money on winding up.

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Part II

Further Education

s. 54 — . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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s. 60 — . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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s. 64 — . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

s. 65 — . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

s. 66 — . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

s. 67 — Abolition of committee to consider pay and conditions of teaching staff employed in providing further education.

s. 67(1)

Subject to subsection (2) below, the committee established under section 94 of the 1980 Act (committee to consider pay and conditions of teaching staff employed in providing further education) is abolished, and accordingly sections 94 to 97 of the 1980 Act are repealed.

s. 67(2)

Where—is still in force on the date on which this enactment comes into force the order, settlement, determination or award shall, subject to subsection (3) below, remain in force after that date.

s. 67(2)(a)

an order made under section 92 of the 1980 Act (as originally enacted and not as substituted by the Education (Scotland) Act 1981) relating to the remuneration of teaching staff employed in providing further education; or

s. 67(2)(b)

a settlement formulated under section 94(1)(b) of the 1980 Act; or

s. 67(2)(c)

a determination or, as the case may be, an award made under section 97B of the 1980 Act,

s. 67(3)

Where, after this enactment comes into force—that alteration shall, to the extent that it is concerned with the same matters, supersede any such order, settlement, determination or award as is referred to in paragraph (a), (b) or (c) of subsection (2) above.

s. 67(3)(a)

any group of teaching staff employed in or in connection with the provision of further education in Scotland and those employing them agree, whether expressly or impliedly, to an alteration of the remuneration payable to, or the terms and conditions of employment of, that group of teaching staff; or

s. 67(3)(b)

any such alteration as is mentioned in paragraph (a) above is arrived at in an agreed manner,

Part III

Miscellaneous and General

s. 68 — Technology academies.

s. 68(1)

The Secretary of State may enter into an agreement with any person under which—

s. 68(1)(a)

that person undertakes to establish and maintain, and to carry on, or provide for the carrying on of, an independent school, to be known as a “technology academy”, having such characteristics as are specified in the agreement and in subsection (2) below; and

s. 68(1)(b)

the Secretary of State agrees to make payments to that person in consideration of those undertakings.

s. 68(2)

The characteristics mentioned above are that the school—

s. 68(2)(a)

provides secondary education; and

s. 68(2)(b)

has a broad curriculum with an emphasis on science and technology.

s. 68(3)

An agreement under this section shall make any payments by the Secretary of State dependent on the fulfilment of—

s. 68(3)(a)

conditions and requirements imposed for the purpose of securing that no fees are payable in respect of school education provided at the school; and

s. 68(3)(b)

such other conditions and requirements with respect to the school as are specified in the agreement.

s. 68(4)

Payments under an agreement under this section may be in respect of capital or current expenditure and, in so far as they relate to the latter, the agreement shall provide for their continuance, subject to the fulfilment of the conditions and requirements mentioned in subsection (3) above, for a period of not less than seven years or for an indefinite period terminable by the Secretary of State by not less than seven years written notice.

s. 68(5)

Where such payments relate to capital expenditure, the agreement shall provide for the repayment to the Secretary of State, in the event at any time of the school being discontinued or ceasing to have the characteristics specified in the agreement and in subsection (2) above, of sums determined by reference to—

s. 68(5)(a)

the value at that time of the school premises and other assets held for the purposes of the school; and

s. 68(5)(b)

the extent to which expenditure incurred in providing those assets was met by payments under the agreement.

s. 68(6)

Without prejudice to subsection (4) above, an agreement under this section may provide for indemnifying a person, in the event of the agreement being terminated by the Secretary of State, for expenditure—

s. 68(6)(a)

incurred by that person in carrying out the undertaking mentioned in subsection (1) above; or

s. 68(6)(b)

incurred by that person (otherwise than by virtue of subsection (5) above) in consequence of the termination of the agreement.

s. 68(7)

Where the Secretary of State is satisfied that a person intends to enter into an agreement with him under this section as respects a technology academy he may, in advance of such agreement, and subject to such conditions and requirements as he considers appropriate, make payments to that or any other person in respect of expenditure incurred, or to be incurred, in establishing the academy.

s. 69 — Testing in primary schools.

s. 69(1)

At the end of section 2 of the 1980 Act (power of Secretary of State to prescribe standards etc. for education authorities) there shall be added the words “and, without prejudice to the generality of the foregoing, such regulations may include provision as to the testing of pupils in primary schools.”.

s. 69(2)

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s. 69(3)

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s. 70 — Appraisal of teachers.

s. 70(1)

The Secretary of State may by regulations require—(in this section referred to as the “employers”) to secure that the performance of members of their teaching staff in carrying out their duties is regularly appraised in accordance with such requirements as may be prescribed.

s. 70(1)(a)

education authorities;

s. 70(1)(b)

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s. 70(1)(c)

managers of grant-aided schools; and

s. 70(1)(d)

the boards of management of colleges of further education within the meaning of Part I of the Further and Higher Education (Scotland) Act 1992,

s. 70(2)

Regulations under this section may require the employers to make schemes for the appraisal of the performance of such members of their teaching staff as may be prescribed; and different schemes may be required to be made in respect of different classes of teachers or of teachers in different establishments.

s. 70(3)

Subject to regulations made under this section, an employer may at any time vary or replace a scheme made in accordance with those regulations and, if such regulations so require, he shall—

s. 70(3)(a)

before making, varying or replacing any such scheme, consult any body representing teaching staff who are to be affected by the scheme as proposed to be made, varied or replaced;

s. 70(3)(b)

before proceeding with appraisal under any such scheme as so made, varied or replaced, submit it to the Secretary of State.

s. 70(4)

When a scheme is submitted to him under subsection (3) above, the Secretary of State may—

s. 70(4)(a)

approve it; or

s. 70(4)(b)

after consulting the employer concerned, amend it; or

s. 70(4)(c)

reject it, and require the employer to prepare and submit a fresh scheme.

s. 70(5)

Before making regulations under this section the Secretary of State shall consult—

s. 70(5)(a)

such bodies representing education authorities or teaching staff as appear to him to be concerned; and

s. 70(5)(b)

any other persons with whom consultation appears to him to be desirable.

s. 70(6)

With effect from such date as may be prescribed—

s. 70(6)(a)

there shall be deemed to be incorporated into the contract of employment of each member of the employers’ teaching staff a provision requiring such a member to participate in any arrangements for the appraisal of staff made in accordance with regulations made under this section; and

s. 70(6)(b)

that contract shall have effect only in so far as consistent with that provision.

s. 71 — Placing of recorded and other children and young persons in schools outwith Scotland etc.

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s. 72 — Further amendment of 1980 Act in respect of recorded children.

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s. 73 — Educational services: extension of power of Secretary of State to make grants.

In section 73(d) of the 1980 Act (power of Secretary of State to make grants to persons providing education or educational services other than education authorities, universities and managers of educational establishments)—

s. 73(a)

the word “for” shall be inserted before the words “ providing education or educational services ” and shall with those words constitute sub-paragraph (i); and

s. 73(b)

after that sub-paragraph there shall be inserted the word “ or ” and the following sub-paragraph—.

s. 74 — Appointment of teachers.

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s. 75 — Dismissal of teachers.

Section 88 of the 1980 Act (which makes provision as to the procedure to be carried out by an education authority in dismissing certain registered teachers) shall cease to have effect.

s. 76 — Remuneration of certain persons employed in providing school education.

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s. 77 — Extensions of functions of Commission for Local Authority Accounts in Scotland.

s. 77(1)

If a governing body so requests, the Commission for Local Authority Accounts in Scotland ( “the Commission”) may—

s. 77(1)(a)

promote or undertake studies designed to improve the economy, the efficiency, or the effectiveness, of the management or operations of that body;

s. 77(1)(b)

in relation to that body’s accounts in respect of any financial year—to audit those accounts.

s. 77(1)(b)(i)

give advice as to the appointment of suitable persons; or

s. 77(1)(b)(ii)

arrange for members of the Commission’s staff acceptable to that body,

s. 77(2)

For the purposes of this section “governing body” means—

s. 77(2)(a)

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s. 77(2)(b)

a college council established under section 54 of this Act; or

s. 77(2)(c)

the board of directors of a company formed by an education authority by virtue of section 65 of this Act.

s. 77(3)

Where the Commission provide services to a governing body under subsection (1) above they shall charge that governing body such fees as will enable the Commission to recover the whole cost of providing those services.

s. 77(4)

The provisions of section 97(3) of the 1973 Act (power of the Secretary of State to give directions to the Commission in relation to the discharge of their functions) shall apply in relation to the functions conferred on the Commission by subsection (1) of this section as they apply in relation to the functions conferred on the Commission by subsection (2) of that section.

s. 78 — Orders and regulations.

s. 78(1)

Any power of the Secretary of State to make orders or regulations under this Act (other than under any of the excepted provisions) shall be made by statutory instrument.

s. 78(2)

For the purposes of subsection (1) above, the excepted provisions are sections 2(2) and 50(1) and paragraph 1 of Schedule 5.

s. 78(3)

A statutory instrument containing any order or regulations made by the Secretary of State under this Act, other than an order under section 81, shall be subject to annulment in pursuance of a resolution of either House of Parliament.

s. 78(4)

Orders or regulations under this Act may make different provision for different cases or circumstances and may contain such incidental, supplemental or transitional provision as the Secretary of State thinks fit.

s. 79 — Expenses.

There shall be defrayed out of money provided by Parliament—

s. 79(a)

any expenses incurred by the Secretary of State under this Act; and

s. 79(b)

any increase attributable to this Act in the sums payable under any other Act out of money so provided.

s. 80 — Interpretation.

s. 80(1)

In this Act, unless the context otherwise requires—“the 1973 Act” means the Local Government (Scotland) Act 1973;“the 1980 Act” means the Education (Scotland) Act 1980;................ . ....“education authority”, in relation to a school or college of further education, means the education authority within whose area the school or, as the case may be, the college is situated;........................“prescribed” means prescribed by regulations made by the Secretary of State;.....................“technology academy” has the meaning given by section 68(1) of this Act.

s. 80(2)

Subject to subsection (1) above, expressions used in this Act and in either the 1980 Act or the 1988 Act (or in both) shall, unless the context otherwise requires, have the same meaning in this Act as in that Act (or those Acts).

s. 81 — Commencement.

s. 81(1)

The following provisions of this Act shall come into force on the passing of this Act—Part I; Part II except section 67; Part III except sections 69(1) and (2), 70, 72 to 76, and 82(2); Schedules 1 to 9; and Schedule 10 except paragraphs 1, 2, 8(7), (9) to (11) and (13) to (21) and 10.

s. 81(2)

Schedule 11 and the provisions of Parts II and III and Schedule 10 which are excepted by subsection (1) above shall come into force on such date as the Secretary of State may by order appoint.

s. 81(3)

Under subsection (2) above different dates may be appointed in relation to different provisions and for different purposes of the same provision.

s. 82 — Minor and consequential amendments and repeals.

s. 82(1)

The enactments mentioned in Schedule 10 to this Act shall have effect subject to the amendments specified in that Schedule, being minor amendments and amendments consequential upon the provisions of this Act.

s. 82(2)

The enactments mentioned in Schedule 11 to this Act are repealed to the extent specified in the third column of that Schedule.

s. 83 — Citation and extent.

This Act—

s. 83(a)

may be cited as the Self-Governing Schools etc. (Scotland) Act 1989; and

s. 83(b)

extends to Scotland only.

Sch 1

The Scheme of Government

Sch 1

Articles of Constitution

Sch 1 para 1

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Sch 1 para 2

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Sch 1 para 12

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Sch 1

Articles of Management

Sch 1 para 1

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Sch 1 para 2

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Sch 2

Rights of Parents in Relation to Individual Pupils

Sch 2 para 1

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Sch 2 para 2

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Sch 2 para 8

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Sch 3

Sch 3 para 1

The school board shall secure that all necessary arrangements for the ballot are made by such body as may be prescribed (in this Schedule referred to as “the prescribed body”).

Sch 3 para 2

The arrangements, and the exercise by the school board of any functions in relation to the ballot, shall accord with such guidance as the Secretary of State may from time to time publish for the purposes of this Schedule.

Sch 3 para 3

The ballot shall be a secret postal ballot of all parents of pupils for the time being in attendance at the school and any question as to whether a person is such a parent shall be determined by the school board; but on being requested to do so by the school board the education authority shall, for the purposes of the ballot, provide the board with a copy of the current list maintained by the authority, in respect of the school, under paragraph 6 of Schedule 1 to the 1988 Act (list of names of parents of pupils in attendance).

Sch 3 para 4

It shall be the duty of the school board to secure that the prescribed body take such steps as are reasonably practicable to ensure that each person who is eligible to vote in the ballot is—

Sch 3 para 4(a)

without prejudice to sub-paragraph (b) below, given such information about the consequence for the school of acquisition of self-governing status as may reasonably be expected to enable him to form a proper judgment as to whether such status should be sought for the school;

Sch 3 para 4(b)

given such information, including (without prejudice to the generality of this sub-paragraph) information—as may be prescribed;

Sch 3 para 4(b)(i)

about the ballot and about the procedure for the acquisition of self-governing status; and

Sch 3 para 4(b)(ii)

in the case of a ballot held by virtue of section 15 of this Act, an explanation (which in the case of a ballot required by a notice under subsection (1) of that section shall repeat the reasons given in the notice by the Secretary of State for declaring the earlier ballot void) as to why a fresh ballot is to be held,

Sch 3 para 4(c)

informed that he is entitled to vote in the ballot; and

Sch 3 para 4(d)

given an opportunity to do so by being provided timeously with a ballot paper which sets out the question as to whether such status should be sought for the school and invites him to vote “yes” or “no” to that question.

Sch 3 para 5

Before the ballot the school board shall make available, for inspection (at all reasonable times and free of charge), to every person employed to work at the school a document containing the information given under paragraph 4(a) and (b) above.

Sch 3 para 6

Subject to section 14 of this Act, and to the foregoing provisions of this Schedule, the arrangements shall be such as the school board think fit.

Sch 4

Sch 4 para 1

Sch 4 para 1(1)

An interim board of management of a self-governing school shall be constituted, under section 19(2) of this Act, in accordance with the following provisions of this paragraph.

Sch 4 para 1(2)

The members of the school board who are—

Sch 4 para 1(2)(a)

parent members shall become parent members of the interim board of management;

Sch 4 para 1(2)(b)

staff members shall become staff members of the interim board of management;

Sch 4 para 1(2)(c)

co-opted members shall become members of the interim board of management, being deemed appointed members thereof.

Sch 4 para 2

A person who is a member of a board of management by virtue of paragraph 1 above shall hold office until the interim board of management is succeeded by the first board of management to which members are elected, regardless of whether any period which, but for the operation of section 19(4) of this Act, would have remained of his term of office as a member of the school board, expires before the date of the relevant election.

Sch 4 para 3

An interim board of management shall cease to exist on the fulfilment of their duty under section 3(3) of this Act and shall thereupon be succeeded as board of management by the parent members and staff members to whose election that duty related, together with the person who is for the time being the head teacher of the school.

Sch 5

Sch 5 para 1

Where under section 19(1)(b) of this Act the Secretary of State approves proposals for acquisition of self-governing status in respect of any school he may, by an order or orders made at any time on or after such approval and before the incorporation date in relation to the school, make such provision as he considers appropriate in connection with the school’s transition to self-governing status and the impending transfer of responsibility for the conduct of the school to the board of management.

Sch 5 para 2

The provision that may be made by an order under paragraph 1 above includes in particular provision—

Sch 5 para 2(a)

for the exercise by the school board in relation to the school, in such circumstances and in such manner and subject to such conditions as may be specified in the order, of any power so specified corresponding to any of the powers that would by virtue of section 7 of this Act be exercisable by the board of management of the school on that board’s incorporation, including in particular power—

Sch 5 para 2(a)(i)

to appoint members of staff to take up employment on or after the incorporation date;

Sch 5 para 2(a)(ii)

to enter into contracts for the purpose of, or in connection with, the conduct of the school on or after that date; and

Sch 5 para 2(a)(iii)

to determine the arrangements for admission of pupils to the school that are to apply in the first school year beginning on or after that date;

Sch 5 para 2(b)

excluding or modifying any powers of the education authority in relation to any matter to which any power exercisable by the school board in accordance with any provision made by virtue of sub-paragraph (a) above applies;

Sch 5 para 2(c)

for—in such circumstances and in such manner as may be so specified;

Sch 5 para 2(c)(i)

requiring the school board to be consulted before the education authority exercise in relation to the school any function of a description specified in the order or take in relation to the school any action of a description so specified; or

Sch 5 para 2(c)(ii)

requiring or enabling the school board to participate in the exercise in relation to the school of any such function or in the taking in relation to the school of any such action,

Sch 5 para 2(d)

with respect to the proceedings of the school board and the authentication of their actions (including the making or issue of any instrument by them or on their behalf); and

Sch 5 para 2(e)

that without prejudice to the generality of section 10(1)(a) of the 1988 Act (information and reports) and even in so far as that section might not otherwise compel compliance, the education authority shall provide the school board with such information as the board may reasonably request under that section in respect of—

Sch 5 para 2(e)(i)

the administration of the school;

Sch 5 para 2(e)(ii)

the fabric of the school;

Sch 5 para 2(e)(iii)

the staff employed at the school;

Sch 5 para 2(e)(iv)

the pupils in attendance at the school; and

Sch 5 para 2(e)(v)

other children and young persons who would be expected to be pupils in attendance at the school within two years after the incorporation date and of whose existence the authority are aware.

Sch 5 para 3

Sch 5 para 3(1)

The Secretary of State may make grants to the school board in respect of expenditure incurred or to be incurred by them in pursuance of any provision made by an order under paragraph 1 above.

Sch 5 para 3(2)

The Secretary of State may impose on a school board to whom any such payment is made such requirements as he may from time to time determine (whether before, at or after the time when the payment in question is made).

Sch 5 para 4

The duty of an education authority to maintain a school in respect of which proposals for acquisition of self-governing status have been approved shall not apply in relation to any expenses incurred by the school board by virtue of this Schedule.

Sch 5 para 5

At any time on or after the date on which he approves any such proposals the Secretary of State may consult the school board with respect to the provisions he proposes to include in the scheme of government for the school.

Sch 5 para 6

On and after the incorporation date in relation to a school any appointment made, contract entered into or other thing done by the school board in pursuance of any provision made by an order under paragraph 1 above, so far as subsisting or in force immediately before that date, shall be treated as having been made, entered into or done by the board of management.

Sch 6

Provision of Benefits and Services for Pupils at Self-Governing Schools etc.

Sch 6 para 1

Sch 6 para 1(1)

The 1980 Act shall be amended as follows.

Sch 6 para 1(2)

In section 51 (provision of transport etc.)—

Sch 6 para 1(2)(a)

in subsection (1), after the words “(2A)” there shall be inserted the words “ or (2AB) ”;

Sch 6 para 1(2)(b)

after subsection (2A) there shall be inserted the following subsections—.

Sch 6 para 1(3)

In section 54 (education authority’s duty to ensure clothing of pupils at public schools is sufficient etc.)—

Sch 6 para 1(3)(a)

in subsection (1), after the word “management” there shall be inserted the words “ , or a self-governing school, ”; and

Sch 6 para 1(3)(b)

in subsection (3), at the end there shall be added the words “ ; or for any pupil who is a boarder at a self-governing school ”.

Sch 6 para 1(4)

In section 55(b) (arrangements for provision of sufficient clothing by education authority for pupils in attendance at schools other than public schools), at the beginning there shall be inserted the words “ except in relation to a school which is a self-governing school, ”.

Sch 6 para 1(5)

In section 57 (health of pupils)—

Sch 6 para 1(5)(a)

in subsection (2), for the words from “inspection”, where it occurs for the second time, to the end there shall be substituted the words—; and

Sch 6 para 1(5)(b)

in subsection (3), after the word “authority” there shall be inserted the words “ or board of management ”.

Sch 6 para 1(6)

In section 58 (power to ensure cleanliness)—

Sch 6 para 1(6)(a)

in subsection (1)—

Sch 6 para 1(6)(a)(i)

after the word “directions”, where it occurs for the second time, there shall be inserted the words “ , and the board of management of any self-governing school may by notice in writing issued with respect to that school, ”; and

Sch 6 para 1(6)(a)(ii)

after the words “such schools”, where they occur for the second time, there shall be inserted the words “ (or as the case may be at that school) ”;

Sch 6 para 1(6)(b)

in subsection (2), after the word “authority” there shall be inserted the words “ , or in the case of a self-governing school, the board of management, ”;

Sch 6 para 1(6)(c)

in subsection (3), after the word “authority”—

Sch 6 para 1(6)(c)(i)

where it first occurs, there shall be inserted the words—;

Sch 6 para 1(6)(c)(ii)

where it occurs for the second time, there shall be inserted the words—; and

Sch 6 para 1(6)(d)

in each of subsections (4) and (6), after the word “authority” there shall be inserted the words “ , or as the case may be the board of management ”.

Sch 6 para 2

In section 39 of the National Health Service (Scotland) Act 1978 (medical and dental inspection of pupils etc.)—

Sch 6 para 2(a)

in subsection (1), after the word “authority” there shall be inserted the words “ or at any self-governing school ”;

Sch 6 para 2(b)

in subsection (3), after the word “authority”, where it first occurs, there shall be inserted the words “ and of every board of management ”; and

Sch 6 para 2(c)

in subsection (4), after the word “authority” there shall be inserted the words “ and of every board of management ”.

Sch 7

Arrangements in Respect of Ballot of Parents Regarding Change in Characteristics of Self-Governing School

Sch 7 para 1

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Sch 7 para 2

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Sch 7 para 3

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Sch 7 para 4

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Sch 7 para 5

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Sch 8

Transfer and Apportionment of Assets

Sch 8 para 1

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Sch 8 para 2

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Sch 8 para 3

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Sch 8 para 4

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Sch 8 para 5

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Sch 8 para 6

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Sch 8 para 7

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Sch 8 para 8

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Sch 8 para 9

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Sch 8 para 10

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Sch 8 para 11

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Sch 8 para 12

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Sch 9

Commissioners for School Assets

Sch 9 para 1

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Sch 9 para 2

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Sch 9 para 3

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Sch 9 para 4

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Sch 9 para 5

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Sch 9 para 6

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Sch 9 para 7

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Sch 9 para 8

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Sch 9 para 9

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Sch 9 para 10

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Sch 10

Minor and Consequential Amendments

Sch 10 para 1

In subsection (5) of section 5 of the Universities (Scotland) Act 1889 (which relates to the constitution of university courts), for the words “the principal” there shall be substituted the words “ a vice-chairman elected by the Court from among all its members, ”.

Sch 10 para 2

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Sch 10 para 3

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Sch 10 para 4

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Sch 10 para 5

Sch 10 para 5(1)

The Sex Discrimination Act 1975 shall be amended as follows.

Sch 10 para 5(2)

In section 22 (discrimination by bodies in charge of educational establishments), in the Table, after paragraph 7 there shall be inserted the following paragraph—.

Sch 10 para 5(3)

In section 25(6)(c)(i) (general duty in public sector of education), for the words “or 7” there shall be substituted the words “ , 7 or 7A ”.

Sch 10 para 5(4)

In section 82(1) (interpretation)—

Sch 10 para 5(4)(a)

after the definition of “associated employer” there shall be inserted the following definition—; and

Sch 10 para 5(4)(b)

after the definition of “school education” there shall be inserted the following definition—.

Sch 10 para 5(5)

In paragraph 6 of Schedule 2 (transitional exemption orders for educational admissions) for the words “or 7” there shall be substituted the words “ , 7 or 7A ”.

Sch 10 para 6

Sch 10 para 6(1)

The Race Relations Act 1976 shall be amended as follows.

Sch 10 para 6(2)

In section 17 (discrimination by bodies in charge of educational establishments), in the Table, after paragraph 7 there shall be inserted the following paragraph—.

Sch 10 para 6(3)

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Sch 10 para 6(4)

In section 78(1) (interpretation)—

Sch 10 para 6(4)(a)

after the definition of “advertisement” there shall be inserted the following definition—; and

Sch 10 para 6(4)(b)

after the definition of “school education” there shall be inserted the following definition—.

Sch 10 para 7

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Sch 10 para 8

Sch 10 para 8(1)

The 1980 Act shall be amended as follows.

Sch 10 para 8(2)

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Sch 10 para 8(3)

In section 8 (religious instruction)—

Sch 10 para 8(3)(a)

in subsection (1), after the word “authorities” there shall be inserted the words “and boards of management of self-governing schools”; and

Sch 10 para 8(3)(b)

in subsection (2), after the words “education authority” there shall be inserted the words “or board of management”.

Sch 10 para 8(4)

In section 9 (conscience clause), for the words “and every grant-aided school” there shall be substituted the words “, every grant-aided school and every self-governing school”.

Sch 10 para 8(5)

In section 10 (safeguards for religious beliefs)—

Sch 10 para 8(5)(a)

after the words “education authority”, where they first occur, there shall be inserted the words “, or at any self-governing school”;

Sch 10 para 8(5)(b)

the words from “of the school,” where they first occur to “establishment, the education authority” shall become paragraph (a), and after that paragraph there shall be inserted the following paragraph—;

Sch 10 para 8(5)(c)

for the words “or other educational establishment”, where they occur for the third time, there shall be substituted the words “, other educational establishment or self-governing school”; and

Sch 10 para 8(5)(d)

at the end there shall be added the words “or, as the case may be, by the board of management”.

Sch 10 para 8(6)

In section 19 (power of Secretary of State to prescribe standards for premises etc.)—

Sch 10 para 8(6)(a)

in subsection (1), after the word “authorities” there shall be inserted the words “or to the premises and equipment of self-governing schools”;

Sch 10 para 8(6)(b)

in subsection (2)—

Sch 10 para 8(6)(b)(i)

the words from “of an education authority” to “that establishment” shall be paragraph (a), and after that paragraph there shall be inserted the following paragraph—; and

Sch 10 para 8(6)(b)(ii)

after the words “their management” where they occur for the second time there shall be inserted the words “, or as the case may be of the self-governing school,”; and

Sch 10 para 8(6)(c)

in subsection (3)—

Sch 10 para 8(6)(c)(i)

after the words “education authority” there shall be inserted the words “, or of any self-governing school,”;

Sch 10 para 8(6)(c)(ii)

after the word “establishment” where it occurs for the second time there shall be inserted the words “or school”;

Sch 10 para 8(6)(c)(iii)

after the words “the authority”, where they first occur, there shall be inserted the words “or as the case may be with the board of management”; and

Sch 10 para 8(6)(c)(iv)

for the words “the authority”, where they occur for the second time, there shall be substituted the words “that authority or board”.

Sch 10 para 8(7)

In section 21 (management of denominational schools), in subsection (2)—

Sch 10 para 8(7)(a)

at the beginning there shall be inserted the words “Subject to subsections (2A) and (2C) below,”;

Sch 10 para 8(7)(b)

for the words there shall be substituted the words—;

Sch 10 para 8(7)(c)

the words “in every case be teachers who” shall cease to have effect;

Sch 10 para 8(7)(d)

for the word “are” there shall be substituted the words “shall require to be”;

Sch 10 para 8(7)(e)

for the word “their” there shall be substituted the word “his”; and

Sch 10 para 8(7)(f)

for the word “(ii)” there shall be substituted the words—.

Sch 10 para 8(8)

In section 48A(5) (abolition of corporal punishment: interpretation), in paragraph (a)(i), after the word “public” there shall be inserted the words “, or self-governing,”.

Sch 10 para 8(9)

In section 49 (power of education authorities to assist persons to take advantage of educational facilities), after subsection (2) there shall be inserted the following subsection—.

Sch 10 para 8(10)

In section 50 (education of pupils in exceptional circumstances)—

Sch 10 para 8(10)(a)

in subsection (1), for the words “an appropriate school or college” there shall be substituted the words—;

Sch 10 para 8(10)(b)

after subsection (1) there shall be inserted the following subsection—; and

Sch 10 para 8(10)(c)

in subsection (2)(a), for the words “section 51 of this Act” there shall be substituted the words “subsection (1) of section 51 of this Act (for the purposes of this paragraph, any reference in that section to a school being construed as a reference not only to a school in Scotland but also to a school in England and Wales or in Northern Ireland)”.

Sch 10 para 8(11)

In section 52 (recovery of the cost of board and lodging), for the word “another” there shall be substituted the word “an”.

Sch 10 para 8(12)

In section 53 (provision of school meals), after subsection (3) there shall be inserted the following subsection—.

Sch 10 para 8(13)

In section 58 (power to ensure cleanliness), for the words “a junior college or other” there shall be substituted the word “an”.

Sch 10 para 8(14)

In section 66(1) (inspection of educational establishments)—

Sch 10 para 8(14)(a)

for the words “educational establishment being a school or junior college” there shall be substituted the word “school”; and

Sch 10 para 8(14)(b)

for the words “such school or junior college” there shall be substituted the word “school”.

Sch 10 para 8(15)

In section 67 (local inquiries), after the words “under this Act” there shall be inserted the words “or under any other enactment relating to education”.

Sch 10 para 8(16)

In section 68 (power to require submission to medical examination), for the words “a junior college or other” there shall be substituted the word “another”.

Sch 10 para 8(17)

In section 74 (payment of grants to be subject to conditions), in subsection (1)—

Sch 10 para 8(17)(a)

after the words “prescribed in” there shall be inserted the words “or determined by him under”; and

Sch 10 para 8(17)(b)

after the words “specified in” there shall be inserted the words “or determined by him under”.

Sch 10 para 8(18)

In section 86 (admissibility of documents), for the words “(e) or (f)” there shall be substituted the words “or (e)”.

Sch 10 para 8(19)

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Sch 10 para 8(20)

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Sch 10 para 8(21)

In section 123 (work experience in last year of compulsory schooling)—

Sch 10 para 8(21)(a)

in subsection (1)—

Sch 10 para 8(21)(a)(i)

for the words “in his last year of compulsory schooling” there shall be substituted the words “to whom this subsection applies”; and

Sch 10 para 8(21)(a)(ii)

after the word “authority” there shall be inserted the words “(where the child is in attendance at a school under the management of that authority) or by the board of management of a self-governing school (where the child is in attendance at that self-governing school)”; and

Sch 10 para 8(21)(b)

for subsection (4) there shall be substituted the following subsection—.

Sch 10 para 8(22)

In section 135(1) of that Act (interpretation)—

Sch 10 para 8(22)(a)

after the definition of “attendance order” there shall be inserted the following definition—;

Sch 10 para 8(22)(b)

in the definition of “grant-aided school”, at the end, there shall be added the words “, a self-governing school or a technology academy (within the meaning of the Self-Governing Schools etc. (Scotland) Act 1989)”;

Sch 10 para 8(22)(c)

in the definition of “independent school”, for the words “or a grant-aided school” there shall be substituted the words “, a grant-aided school or a self-governing school”;

Sch 10 para 8(22)(d)

in the definition of “school”, after the words “grant-aided school” there shall be inserted the words “, a self-governing school”;

Sch 10 para 8(22)(e)

after the definition of “school age” there shall be inserted the following definition—;and

Sch 10 para 8(22)(f)

after the definition of “school education” there shall be inserted the following definition—.

Sch 10 para 9

In paragraph 6 of Schedule 5 to the Representation of the People Act 1983 (arrangements for use of school room for parliamentary election meetings), after sub-paragraph (a) there shall be inserted the following sub-paragraph—.

Sch 10 para 10

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Sch 11

Repeals

Duty to maintain self-governing schools

Government

Parental rights et ceteralaetc.

Fees, charges, books, et ceteralaetc.

Management of denominational schools

Procedure for acquisition of self-governing status et ceteralaetc.

Proposals under sections 22A to 22D of 1980 Act where procedure for acquisition of self-governing status initiated

Staff

Benefits and services for pupils

Finance

Change in characteristics, discontinuance et ceteralaetc.

Withdrawal of grant

Miscellaneous

Property

Provision of information

Educational endowments

Winding up

College Councils

Supply of goods and services

Discontinuance of college of further education

Formation of companies to manage colleges of further education

Pay and conditions of service

Miscellaneous

General

Denominational schools

Initial provision as regards membership

Parental majority

Eligibility

Resignation and removal

Proceedings

Allowances to members

Saving

General principle

Specific Duties

Appeals

Application to young persons

Identification of land, moveable property, liabilities and obligations

Transfer certificates

Reference of disputes to Secretary of State

Right to production of documents of title

Construction of agreements

Third parties affected by vesting provisions

Delivery of documents to board of management

Appointment

Resignation and dismissal

Powers

Status

The Universities (Scotland) Act 1889 (c. 55)

The Teaching Council (Scotland) Act 1965 (c. 19)

The Local Authorities (Goods and Services) Act 1970 (c. 39)

The Tribunals and Inquiries Act 1971 (c. 62)

The Sex Discrimination Act 1975 (c. 65)

The Race Relations Act 1976 (c. 74)

The Employment Protection (Consolidation) Act 1978 (c. 44)

The Education (Scotland) Act 1980 (c. 44)

The Representation of the People Act 1983 (c. 2)

The School Boards (Scotland) Act 1988 (c. 47)