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Schools (Consultation) (Scotland) Act 2010

Call-in by the Scottish Ministers

Section 17 – Grounds for call-in etc.

59.Section 17(2) prescribes the grounds on which the Scottish Ministers may call-in an authority’s decision to implement a closure proposal.

60.Section 17(2)(a) and (b) set out the grounds for Ministerial call-in. These are where it appears to the Scottish Ministers that the authority may have failed: in a significant regard to comply with the requirements set out in the Act insofar as they are relevant to the closure proposal; or to take proper account of a material consideration relevant to its decision to implement the proposal. The focus is on deficiencies, flaws or failures in the consultation and/or decision-making process and procedures.

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