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Schools (Consultation) (Scotland) Act 2010

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Call-in by the Scottish Ministers

15Call-in of closure proposals

(1)Subsections (2) to (6) apply where, in relation to any school, an education authority has decided to implement a closure proposal.

(2)The education authority must—

(a)notify the Scottish Ministers of that decision within the period of 6 working days starting with the day on which the decision is made,

(b)along with that notification, give them a copy of—

(i)the proposal paper,

(ii)the consultation report.

(3)Before the expiry of 6 weeks starting with the day on which that decision is made, the Scottish Ministers may issue a call-in notice to the education authority.

(4)In considering whether to issue a call-in notice, the Scottish Ministers are to take account of any relevant representations made to them (by any person) within the first 3 weeks of that 6 week period.

(5)A call-in notice has the effect of remitting the closure proposal to the Scottish Ministers.

(6)The education authority may not proceed further with the proposal before the expiry of the 6 week period within which a call-in notice may be issued as respects the proposal.

(7)But the restriction in subsection (6) ceases to apply if (before the end of that period) the Scottish Ministers inform the education authority that they do not intend to issue a call-in notice as respects the proposal.

(8)In subsection (6), the reference to proceeding further with the proposal is to implementing it (wholly or partly).

16Determination of case

(1)Subsections (2) and (3) apply where a call-in notice is issued as respects a closure proposal.

(2)The Scottish Ministers may—

(a)refuse to consent to the proposal, or

(b)grant their consent to the proposal—

(i)subject to conditions, or

(ii)unconditionally.

(3)The education authority may not proceed further with the proposal—

(a)unless the Scottish Ministers grant their consent to it under subsection (2)(b), and

(b)until the Scottish Ministers duly inform the authority of that consent (and any conditions to which it is subject).

(4)In subsection (3), the reference to proceeding further with the proposal is to implementing it (wholly or partly).

17Grounds for call-in etc.

(1)The Scottish Ministers may issue a call-in notice only if subsection (2) applies.

(2)This subsection applies where it appears to the Scottish Ministers that the education authority may have failed—

(a)in a significant regard to comply with the requirements imposed on it by (or under) this Act so far as they are relevant in relation to the closure proposal, or

(b)to take proper account of a material consideration relevant to its decision to implement the proposal.

(3)The education authority must provide the Scottish Ministers with such information in connection with a closure proposal as they may reasonably require of it for the purposes of their consideration of—

(a)whether to issue a call-in notice, or

(b)the matter of consent (including conditions) under section 16(2).

(4)In this Act, a “call-in notice” is one issuable by the Scottish Ministers under section 15(3).

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