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Schools (Consultation) (Scotland) Act 2010

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This is the original version (as it was originally enacted).

SCHEDULE 2Relevant consultees

(introduced by section 2)

This schedule has no associated Explanatory Notes

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1In relation to a proposal specified in paragraph 1 of schedule 1, the consultees are—

(a)the Parent Council or Combined Parent Council of any affected school,

(b)the parents of the pupils at any affected school,

(c)the parents of any children expected by the education authority to attend any affected school within two years of the date of publication of the proposal paper,

(d)the pupils at any affected school (in so far as the education authority considers them to be of a suitable age and maturity),

(e)the staff (teaching and other) at any affected school,

(f)any trade union which appears to the education authority to be representative of the persons mentioned in sub-paragraph (e),

(g)the community council (if any),

(h)any body which has been established by a local authority, whether formally or informally, for the purpose of assisting it in carrying out its functions under Part 2 of the Local Government in Scotland Act 2003 (asp 1),

(i)any other education authority that the education authority considers relevant,

(j)any other users of any affected school that the education authority considers relevant.

Establishment

2In relation to a proposal specified in paragraph 2 of schedule 1, the consultees are—

(a)the Parent Council or Combined Parent Council of any affected school,

(b)the parents of the pupils at any affected school,

(c)the parents of any children expected by the education authority to attend any affected school within two years of the date of publication of the proposal paper,

(d)the pupils at any affected school (in so far as the education authority considers them to be of a suitable age and maturity),

(e)the staff (teaching and other) at any affected school,

(f)any trade union which appears to the education authority to be representative of the persons mentioned in sub-paragraph (e),

(g)the community council (if any),

(h)any body which has been established by a local authority, whether formally or informally, for the purpose of assisting it in carrying out its functions under Part 2 of the Local Government in Scotland Act 2003,

(i)any other education authority that the education authority considers relevant,

(j)any other users of any affected school that the education authority considers relevant.

Relocation

3In relation to a proposal specified in paragraph 3 of schedule 1, the consultees are—

(a)the Parent Council or Combined Parent Council of any affected school,

(b)the parents of the pupils at any affected school,

(c)the parents of any children expected by the education authority to attend any affected school within two years of the date of publication of the proposal paper,

(d)the pupils at any affected school (in so far as the education authority considers them to be of a suitable age and maturity),

(e)the staff (teaching and other) at any affected school,

(f)any trade union which appears to the education authority to be representative of the persons mentioned in sub-paragraph (e),

(g)the community council (if any),

(h)any body which has been established by a local authority, whether formally or informally, for the purpose of assisting it in carrying out its functions under Part 2 of the Local Government in Scotland Act 2003,

(i)any other education authority that the education authority considers relevant,

(j)any other users of any affected school that the education authority considers relevant.

Admission arrangements

4In relation to a proposal specified in paragraph 4 of schedule 1, the consultees are—

(a)the Parent Council or Combined Parent Council of any affected school,

(b)the parents of the pupils at any affected school,

(c)the parents of any children expected by the education authority to attend any affected school within two years of the date of publication of the proposal paper,

(d)the pupils at any affected school (in so far as the education authority considers them to be of a suitable age and maturity),

(e)the staff (teaching and other) at any affected school,

(f)any trade union which appears to the education authority to be representative of the persons mentioned in sub-paragraph (e),

(g)the community council (if any),

(h)any body which has been established by a local authority, whether formally or informally, for the purpose of assisting it in carrying out its functions under Part 2 of the Local Government in Scotland Act 2003,

(i)any other education authority that the education authority considers relevant.

Transfer from primary to secondary school

5In relation to a proposal specified in paragraph 5 of schedule 1, the consultees are—

(a)the Parent Council or Combined Parent Council of any affected school,

(b)the parents of the pupils at any affected school,

(c)the parents of any children expected by the education authority to attend any affected school within two years of the date of publication of the proposal paper,

(d)the pupils at any affected school (in so far as the education authority considers them to be of a suitable age and maturity),

(e)the staff (teaching and other) at any affected school,

(f)any trade union which appears to the education authority to be representative of the persons mentioned in sub-paragraph (e),

(g)the community council (if any),

(h)any body which has been established by a local authority, whether formally or informally, for the purpose of assisting it in carrying out its functions under Part 2 of the Local Government in Scotland Act 2003,

(i)any other education authority that the education authority considers relevant.

Primary school commencement date

6In relation to a proposal specified in paragraph 6 of schedule 1, the consultees are—

(a)the Parent Council or Combined Parent Council of any affected school,

(b)the parents of the pupils at any affected school,

(c)the parents of any children expected by the education authority to attend any affected school within two years of the date of publication of the proposal paper,

(d)the pupils at any affected school (in so far as the education authority considers them to be of a suitable age and maturity),

(e)the staff (teaching and other) at any affected school,

(f)any trade union which appears to the education authority to be representative of the persons mentioned in sub-paragraph (e),

(g)any other education authority that the education authority considers relevant.

Special class outwith a special school

7In relation to a proposal specified in paragraph 7 of schedule 1, the consultees are—

(a)the Parent Council or Combined Parent Council of any affected school,

(b)the parents of the pupils at any affected school,

(c)the parents of any children expected by the education authority to attend any affected school within two years of the date of publication of the proposal paper,

(d)the pupils at any affected school (in so far as the education authority considers them to be of a suitable age and maturity),

(e)the staff (teaching and other) at any affected school,

(f)any trade union which appears to the education authority to be representative of the persons mentioned in sub-paragraph (e),

(g)any other education authority that the education authority considers relevant.

Transport to denominational school

8In relation to a proposal specified in paragraph 8 of schedule 1, the consultees are—

(a)the Parent Council or Combined Parent Council of any affected school,

(b)the parents of the pupils at any affected school,

(c)the parents of any children expected by the education authority to attend any affected school within two years of the date of publication of the proposal paper,

(d)the pupils at any affected school (in so far as the education authority considers them to be of a suitable age and maturity),

(e)the staff (teaching and other) at any affected school,

(f)any trade union which appears to the education authority to be representative of the persons mentioned in sub-paragraph (e),

(g)any other education authority that the education authority considers relevant.

Changing from denominational to non-denominational school

9In relation to a proposal specified in paragraph 9 of schedule 1, the consultees are—

(a)the Parent Council or Combined Parent Council of any affected school,

(b)the parents of the pupils at any affected school,

(c)the parents of any children expected by the education authority to attend any affected school within two years of the date of publication of the proposal paper,

(d)the pupils at any affected school (in so far as the education authority considers them to be of a suitable age and maturity),

(e)the staff (teaching and other) at any affected school,

(f)any trade union which appears to the education authority to be representative of the persons mentioned in sub-paragraph (e),

(g)any other education authority that the education authority considers relevant.

Discontinuance of a further education centre

10In relation to a proposal specified in paragraph 10 of schedule 1, the consultees are—

(a)the Parent Council or Combined Parent Council of any school at which the pupils who attend the further education centre also attend,

(b)the parents of the pupils of school age attending the centre,

(c)the parents of any pupils expected by the education authority to attend the centre within two years of the date of publication of the proposal paper,

(d)the pupils attending the centre (in so far as the education authority considers them to be of a suitable age and maturity),

(e)the staff (teaching and other) of any school at which the pupils who attend the further education centre also attend,

(f)any trade union which appears to the education authority to be representative of the persons mentioned in sub-paragraph (e),

(g)the community council (if any),

(h)any body which has been established by a local authority, whether formally or informally, for the purpose of assisting it in carrying out its functions under Part 2 of the Local Government in Scotland Act 2003,

(i)the staff (teaching and other) at the centre,

(j)the students attending the centre,

(k)the employers of any such students,

(l)any other users of the centre that the education authority considers relevant.

Gaelic consultee

11In relation to any proposal mentioned above which affects the provision of Gaelic medium education, Bòrd na Gàidhlig is also a consultee.

Denominational consultee

12In relation to any proposal mentioned above which affects a denominational school, also a consultee is the person duly authorised for the purpose by the church or denominational body in whose interest the affected school is conducted.

Meaning of expressions used in this schedule

13In this schedule—

  • “community council” is one established by a local authority under Part IV of the Local Government (Scotland) Act 1973 (c. 65),

  • “Parent Council” and “Combined Parent Council” means one established in accordance with sections 6 and 16 respectively of the Scottish Schools (Parental Involvement) Act 2006 (asp 8).

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