Search Legislation

Education (Scotland) Act 2016

Status:

This is the original version (as it was originally enacted).

10Duties of education authority

This section has no associated Explanatory Notes

(1)Where an education authority makes a determination under section 9(5)(a) in relation to a GMPE assessment area, the authority must—

(a)carry out a full assessment of the need for GMPE in the area in accordance with section 12, or

(b)take such steps as are necessary to secure the provision of such GMPE in the area as it considers appropriate.

(2)Where an education authority makes a determination under section 9(5)(b) in relation to a GMPE assessment area, the authority must—

(a)take no further action to secure the provision of GMPE in the area so far as relating to the request in respect of which the determination is made,

(b)carry out a full assessment of the need for GMPE in the area in accordance with section 12, or

(c)take such steps as are necessary to secure the provision of such GMPE in the area as it considers appropriate.

(3)An education authority must, no later than 6 weeks after receiving the request in respect of which a determination mentioned in subsection (1) or (2) is made, send to the persons mentioned in subsection (4) notification of––

(a)its determination,

(b)its decision to act as mentioned in subsection (1)(a) or (b) or, as the case may be, subsection (2)(a), (b) or (c), and

(c)the reasons for its determination and decision.

(4)The persons are—

(a)the parent who made the request,

(b)parents of other children as mentioned in section 7(2), and

(c)where the request set out, or was accompanied by, evidence from parents of other children as mentioned in section 7(3), those parents.

(5)An education authority must, before the expiry of the period mentioned in subsection (3), publish on its website—

(a)its determination as mentioned in subsection (1) or (2),

(b)its decision to act as mentioned in subsection (1)(a) or (b) or, as the case may be, subsection (2)(a), (b) or (c),

(c)the reasons for its determination and decision, and

(d)information about the GMPE assessment area in respect of which its determination was made.

(6)For the purposes of complying with the duty imposed by subsection (1)(b) or (2)(c), the authority must ensure that the GMPE is provided in the GMPE assessment area within such period after making the determination as is reasonable in all the circumstances.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Show Explanatory Notes for Sections: Displays relevant parts of the explanatory notes interweaved within the legislation content.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the Scottish Executive department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources