Self-Governing Schools etc. (Scotland) Act 1989

2 (1) Where the parent of a child makes a written application to the board of management of a self-governing school for the child’s admission to that school, the board shall, subject to sub-paragraph (2) below, admit the child accordingly.

(2) The duty imposed by sub-paragraph (1) above does not apply—

(a) if admitting the child to the school would—

(i) make it necessary for the board to take an additional teacher into employment;

(ii) give rise to significant expenditure on extending or otherwise altering the accommodation at, or facilities provided in connection with, the school;

(iii) be seriously detrimental to the continuity of the child’s education; or

(iv) be likely to be seriously detrimental to order and discipline in the school or the educational well-being of the pupils there;

(b) if the education normally provided at the school is not suited to the age, ability or aptitude of the child;

(c) if the board have already required the child to discontinue his attendance at the school;

(d) if, where the school is a special school, the child does not have special educational needs requiring the education or special facilities normally provided at that school; or

(e) if the school is a single sex school (within the meaning given to that expression by section 26 of the [1975 c. 65.] Sex Discrimination Act 1975) and the child is not of the sex admitted, or taken to be admitted, to the school;

but the board may admit a child to the school notwithstanding heads (a) to (e) above.

(3) The board shall inform the parent in writing of their decision on his application and, where they decide to refuse admission, shall give him written reasons for their decision and inform him of his right to refer it, under paragraph 3 of this Schedule, to an appeal committee.