Standards in Scotland’s Schools etc. Act 2000

18 Order supplementary to ending of self-governing status

(1) Where an order has been made under section 17 of this Act as respects a school the Scottish Ministers may, after consultation with the education authority which is to manage the school, by order under this section make incidental, supplementary, transitional or ancillary provision as respects the change in status of the school.

(2) Without prejudice to the generality of subsection (1) above, an order under this section may—

(a) stipulate a timetable for any steps that may be specified in the order as necessary or expedient in relation to that change in status;

(b) provide for the payment of the expenses attributable to that change in status;

(c) confer such additional powers and impose such additional duties on the board of management of the school as appear to the Scottish Ministers to be appropriate in relation to that change in status;

(d) provide for the ingathering of any land or moveable property owned by—

(i) the board; or

(ii) trustees for the purposes of the school; or

(e) require the board to comply with any directions given by the Scottish Ministers in relation to that change in status.

(3) Where land or moveable property purchased, or as the case may be refurbished, for the school out of (or partly out of) funds provided by way of a capital grant—

(a) is transferred to the education authority by virtue of section 17 of this Act; and

(b) subsequently is sold by that authority to a third party,

the Scottish Ministers may, after consultation with the education authority, require that authority to pay them the amount of the funds so provided (or if the amount received by the authority in respect of the sale was less than the amount of those funds, to pay them the amount so received).

(4) Without prejudice to subsection (2)(b) above, the Scottish Ministers may make grants to the board of management for the purpose of enabling the board to defray such expenses incurred by the board as are attributable to that change in status.

(5) The Scottish Ministers may make the payment of a grant in pursuance of subsection (4) above subject to such conditions and requirements (including a requirement that the whole or any part of a grant be repaid) as they think fit.