Schools (Consultation) (Scotland) Act 2010 (asp 2)

Special provision for rural schools S

[F1 11A Presumption against rural school closure S

(1) This section applies in relation to any closure proposal as respects a rural school.

(2) The education authority may not decide to implement the proposal (wholly or partly) unless the authority—

(a) has complied with sections 12, 12A and 13, and

(b) having so complied, is satisfied that such implementation of the proposal is the most appropriate response to the reasons for formulating the proposal identified by the authority under section 12A(2)(a).

(3) The authority must publish on its website notice of—

(a) its decision as to implementation of the proposal, and

(b) where it decides to implement the proposal (wholly or partly), the reasons why it is satisfied that such implementation is the most appropriate response to the reasons for formulating the proposal identified by the authority under section 12A(2)(a).]

Textual Amendments

F1 S. 11A inserted (1.8.2014) by Children and Young People (Scotland) Act 2014 (asp 8), ss. 80(1), 102(3); S.S.I. 2014/165, art. 2, Sch. (with art. 5)

12 Factors for rural closure proposals S

(1) Subsection (2) applies in relation to any closure proposal as respects a rural school.

(2) The education authority must have special regard to the factors mentioned in subsection (3).

(3) The factors are—

F2 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) the likely effect on the local community in consequence of the proposal (if implemented),

(c) the likely effect caused by any different travelling arrangements that may be required in consequence of the proposal (if implemented).

(4) For the purpose of subsection (3)(b[F3 and sections 12A(2)(c)(ii) and 13(5)(b)(ii)]), the effect on the community is to be assessed by reference (in particular) to—

(a) the sustainability of the community,

(b) the availability of the school's premises and its other facilities for use by the community.

(5) For the purpose of subsection (3)(c)[F4 and sections 12A(2)(c)(iii) and 13(5)(b)(iii)]—

(a) the effect caused by such travelling arrangements includes (in particular)—

(i) that on the school's pupils and staff and any other users of the school's facilities,

(ii) any environmental impact,

(b) the travelling arrangements are those to and from the school of (and for) the school's pupils and staff and any other users of the school's facilities.

Textual Amendments

F2 S. 12(3)(a) repealed (1.8.2014) by Children and Young People (Scotland) Act 2014 (asp 8), ss. 80(2)(a), 102(3); S.S.I. 2014/165, art. 2, Sch. (with art. 5)

F3 Words in s. 12(4) inserted (1.8.2014) by Children and Young People (Scotland) Act 2014 (asp 8), ss. 80(2)(b), 102(3); S.S.I. 2014/165, art. 2, Sch. (with art. 5)

F4 Words in s. 12(5) inserted (1.8.2014) by Children and Young People (Scotland) Act 2014 (asp 8), ss. 80(2)(c), 102(3); S.S.I. 2014/165, art. 2, Sch. (with art. 5)

Commencement Information

I1 S. 12 in force at 5.4.2010 by S.S.I. 2010/70, art. 2

[F5 12A Preliminary requirements in relation to rural school closure S

(1) This section applies where an education authority is formulating a closure proposal as respects a rural school.

(2) The authority must—

(a) identify its reasons for formulating the proposal,

(b) consider whether there are any reasonable alternatives to the proposal as a response to those reasons,

(c) assess, for the proposal and each of the alternatives to the proposal identified under paragraph (b) (if any)—

(i) the likely educational benefits in consequence of the implementation of the proposal, or as the case may be, alternative,

(ii) the likely effect on the local community (assessed in accordance with section 12(4)) in consequence of such implementation,

(iii) the likely effect that would be caused by any different travelling arrangements that may be required (assessed in accordance with section 12(5)) in consequence of such implementation.

(3) For the purposes of this section and section 13, reasonable alternatives to the proposal include (but are not limited to) steps which would not result in the school or a stage of education in the school (within the meaning of paragraph 12 of schedule 1) being discontinued.

(4) The authority may not publish a proposal paper in relation to the proposal unless, having complied with subsection (2), it considers that implementation of the closure proposal would be the most appropriate response to the reasons for the proposal.

(5) In this section and section 13, the references to the reasons for the proposal are references to the reasons identified by the education authority under subsection (2)(a).]

Textual Amendments

F5 S. 12A inserted (1.8.2014) by Children and Young People (Scotland) Act 2014 (asp 8), ss. 80(3), 102(3); S.S.I. 2014/165, art. 2, Sch. (with art. 5)

[F6 13 Additional consultation requirements S

(1) This section applies in relation to any closure proposal as respects a rural school.

(2) The proposal paper must additionally—

(a) explain the reasons for the proposal,

(b) describe what (if any) steps the authority took to address those reasons before formulating the proposal,

(c) if the authority did not take such steps, explain why it did not do so,

(d) set out any alternatives to the proposal identified by the authority under section 12A(2)(b),

(e) explain the authority's assessment under section 12A(2)(c),

(f) explain the reasons why the authority considers, in light of that assessment, that implementation of the closure proposal would be the most appropriate response to the reasons for the proposal.

(3) The notice to be given to relevant consultees under section 6(1) must—

(a) give a summary of the alternatives to the proposal set out in the proposal paper,

(b) state that written representations may be made on those alternatives (as well as on the proposal), and

(c) state that written representations on the proposal may suggest other alternatives to the proposal.

(4) In sections 8(4)(c), 9(4) and 10(2)(a), the references to written representations on the proposal include references to written representations on the alternatives to the proposal set out in the proposal paper.

(5) When carrying out its review of the proposal under section 9(1), the education authority is to carry out—

(a) for the proposal and each of the alternatives to it set out in the proposal paper (if any), a further assessment of the matters mentioned in section 12A(2)(c)(i) to (iii), and

(b) an assessment, in relation to any other reasonable alternative to the proposal suggested in written representations on the proposal, of—

(i) the likely educational benefits in consequence of the implementation of the alternative,

(ii) the likely effect on the local community (assessed in accordance with section 12(4)) in consequence of such implementation,

(iii) the likely effect that would be caused by any different travelling arrangements that may be required (assessed in accordance with section 12(5)) in consequence of such implementation.

(6) The consultation report must additionally explain—

(a) the education authority's assessment under subsection (5)(a),

(b) how that assessment differs (if at all) from the authority's assessment under section 12A(2)(c),

(c) the authority's assessment under subsection (5)(b),

(d) whether and, if so, the reasons why the authority considers that implementation of the proposal (wholly or partly) would be the most appropriate response to the reasons for the proposal.]

Textual Amendments

F6 S. 13 substituted (1.8.2014) by Children and Young People (Scotland) Act 2014 (asp 8), ss. 80(4), 102(3); S.S.I. 2014/165, art. 2, Sch. (with art. 5)

14 Designation of rural schools S

(1) In this Act, a “rural school” is a school which is designated as such by its inclusion in the list of rural schools maintained by the Scottish Ministers for the purposes of this subsection.

(2) In determining the question of rurality when considering whether a school falls to be included in or excluded from the list of rural schools, the Scottish Ministers are to have regard (in particular) to—

(a) the population of the community (or settlement) in which the school is located,

(b) the geographical circumstances of that community (or settlement) including its relative remoteness or inaccessibility.

(3) The list of rural schools is to be accompanied by an explanation of how the Scottish Ministers devised the list—

(a) by reference to subsection (2), and

(b) if they consider it appropriate, by reference to any recognised criteria available from a reliable source.

(4) The Scottish Ministers are to—

(a) monitor the list of rural schools (and update it as regularly as they consider necessary),

(b) publish it (including as updated) in such way as they consider appropriate.

(5) An education authority must provide the Scottish Ministers with such information as they may reasonably require of it in connection with the list of rural schools.

Commencement Information

I2 S. 14 in force at 5.4.2010 by S.S.I. 2010/70, art. 2