Search Legislation

Standards in Scotland’s Schools etc. Act 2000

Status:

This is the original version (as it was originally enacted).

SCHEDULE 1AMENDMENTS OF 1988 ACT CONSEQUENTIAL ON RESTRICTING BY-ELECTIONS FOR PARENT MEMBERS OF SCHOOL BOARDS

(introduced by section 28(3))

This schedulenoteType=Explanatory Notes has no associated

1The 1988 Act shall be amended in accordance with the following paragraphs.

2In section 2 (composition of School Board)—

(a)in subsection (1), the words from “; and the number prescribed” to the end are repealed; and

(b)in subsection (2), the words “(including co-opted parent members)” are repealed.

3In section 2A (elections)—

(a)for subsections (4) and (5) substitute—

(4)In the event of a lesser number of parent members being elected than is necessary to make up the number for the time being prescribed for the purposes of subsection (1)(a) of section 2 of this Act, then not more than three months after the election up to two persons from among the parents of pupils in attendance at the school may be co-opted by the Board; and a person so co-opted shall be a parent member of the Board and not a co-opted member within the meaning given in subsection (1)(c) of that section.

(5)In a case where, under section 28(1) of the Standards in Scotland’s Schools etc. Act 2000 (asp 6), a by-election falls to be held, it shall be held not more than three months after the vacancy occurs.; and

(b)in subsection (8), for the words from “subsection” to “be,” substitute “section 28(1) of the Standards in Scotland’s Schools etc. Act 2000 (asp 6) or, as the case may be, subsection”.

4In section 2B (co-option), for subsections (3) and (4) substitute—

(3)Where a vacancy for a parent member of a Board arises and—

(a)no by-election falls to be held, then the Board may, in accordance with this Act, co-opt, within three months after it does so arise;

(b)a by-election falls to be held but on its being held no parent member is elected, the Board may, in accordance with this Act, co-opt, within three months after the by-election,

from among the parents of pupils in attendance at the school another person in his place; and a person so co-opted shall be a parent member of the Board and not a co-opted member within the meaning given in section 2(1)(c) of this Act..

5In section 3 (terms of office)—

(a)after subsection (4) insert—

(4A)The term of office of a parent member co-opted under section 2A(4) of this Act shall expire at the end of the regular election period in the second relevant year after the election which gave rise to the co-option.

(4B)The term of office of a member co-opted under section 2B(3) of this Act shall expire at the end of the regular election period in the next relevant year after the co-option takes place.; and

(b)in subsection (5), the words—

(i)“or co-opted under section 2B(3) of this Act to fill a vacancy in the membership of the Board”; and

(ii)“or, as the case may be, co-opted”,

are repealed.

6In section 20 (schools without a Board and disestablishment of Board)—

(a)subsection (5) is repealed; and

(b)for subsection (6) substitute—

(6)Where—

(a)so few parent members are elected that co-option under section 2A(4) of this Act would not be sufficient to make up the number for the time being prescribed for the purposes of section 2(1)(a) of this Act, the School Board shall not be established or, in the case of an existing Board, shall be disestablished; or

(b)a vacancy occurs for a parent member and the case is—

(i)one where, under section 28(1) of the Standards in Scotland’s Schools etc. Act 2000 (asp 6), a by-election falls to be held but on its being held no parent member is elected; or

(ii)not one where, as is mentioned in sub-paragraph (i) above, a by-election falls to be held,

and, in either case, the Board choose not to, or are unable to or fail to, exercise their power under section 2B(3) of this Act so as to make up the number so prescribed, the Board shall be disestablished..

7In section 22(2) (interpretation), the definition of “co-opted parent member” is repealed.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Show Explanatory Notes for Sections: Displays relevant parts of the explanatory notes interweaved within the legislation content.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the Scottish Executive department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enactedversion that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources