Scottish Statutory Instruments
LOCAL GOVERNMENT
EDUCATION
Made
28th November 2008
Coming into force
1st December 2008
The Scottish Ministers make the following Order in exercise of the powers conferred by section 57(1) and (3) of the Local Government in Scotland Act 2003(1) (“the 2003 Act”) and all other powers enabling them to do so.
In accordance with section 57(6) of the 2003 Act, a draft of this Order has been laid before, and approved by resolution of, the Scottish Parliament.
The Scottish Ministers, with reference to section 57(2)(c) of the 2003 Act, consider that section 53(2) of the Education (Scotland) Act 1980(2) prevents local authorities from exercising their power under section 20(1) of the 2003 Act.
1980 c. 44. Section 53 was amended by: the Social Security Act 1986 (c. 50), section 77; the Immigration and Asylum Act , section 169(1), Schedule 14, paragraph 74; the Education (School Meals) (Scotland) Act 2003 (asp 18), section 1; and the Schools (Health Promotion and Nutrition) (Scotland) Act 2007 (asp 15), section 6. The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act .