SCHEDULES
F6SCHEDULE A1 Appeal Committees
1
An appeal committee set up under section 28D(1) of this Act shall be constituted in accordance with this Schedule.
2
An appeal committee shall consist of 3, 5 or 7 members nominated by the authority from among persons appointed by the authority under this Schedule; and sufficient persons may be appointed to enable 2 or more appeal committees to sit at the same time.
3
The persons appointed shall comprise—
a
members of the authority or of F1any committee appointed by the authority whose purposes include advising the authority on any matter relating to the discharge of any of their functions as education authority or discharging any of those functions on behalf of such authority; and
b
persons who are not members of the authority or of F2any such committee but are—
i
parents of children of school age;
ii
persons who in the opinion of the authority have experience in education; or
iii
persons who in the opinion of the authority are acquainted with the educational conditions in the area of the authority;
but shall not include any person employed by the authority F3in an administrative or advisory capacity as respects the discharge of their education functions..
4
The members of an appeal committee who are members of the authority or of F4any committee such as is mentioned in paragraph 3 above shall not outnumber the other members of the appeal committee by more than one.
5
A person who is a member of F5any committee such as is mentioned in paragraph 3 above shall not be chairman of an appeal committee.
6
A person shall not be a member of an appeal committee for the consideration of a reference of a decision if he was among those who made the decision or took part in or was present at discussions as to whether the decision should be made.
7
A person who is—
a
a teacher at a relevant school (within the meaning of paragraph 8 below);
b
a pupil at such a spepchool;
c
a parent of a pupil at such a school; or
d
a member of a F19Parent Council or Combined Parent Council having functions in relation to such a school
shall not be a member of an appeal committee for consideration of a reference involving a question whether a child is to be placed in the specifiec school or excluded from the relevant school.
8
For the purposes of paragraph 7 above, “relevant school” means in relation to a reference to the appeal committee—
a
the school which the child to whom the placing request relates attends;
b
the specified school;
c
the school which the education authority propose that the child to whom the placing request relates should attend;
d
a school from which pupils are normally transferred to the school referred to in sub-paragraph (b) or (c) above; or
e
the school from which the pupil has been excluded.
9
An appeal committee constituted in accordance with this Schedule shall be included in the bodies to which sections 45(4) and 46 of the M1Local Government (Scotland) Act 1973 (allowances) apply.
F17 SCHEDULE A2 Application of Certain Provisions of this Act to Recorded Children and Young Persons
Sch. A2 repealed (14.11.2005) by Education (Additional Support for Learning) (Scotland) Act 2004 (asp 4), s. 35(1), sch. 3 para. 3(14); S.S.I. 2005/564, art. 2
F171
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F172
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F173
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F174
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F175
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F176
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
SCHEDULE 1 Local Inquiries
1
The Secretary of State shall appoint a person to hold the inquiry and to report thereon to him.
2
The person appointed shall notify the bodies and persons appearing to him to be interested of the time when and the place where the inquiry is to be held.
3
The person appointed may by notice in writing require any person—
a
to attend at the time and place set forth in the notice to give evidence or to produce any books or documents in his custody or under his control which relate to any matter in question at the inquiry; or
b
to furnish within such reasonable period as is specified in the notice such information relating to any matter in question at the inquiry as the person appointed may think fit and as the person so required is able to furnish:
Provided that—
- i
no person shall be required in obedience to such a notice to attend at any place which is more than ten miles from the place where he resides unless the necessary expenses are paid or tendered to him; and
- ii
nothing in this paragraph shall empower the person appointed to hold the inquiry to require any person to produce any book or document or to answer any question which he would be entitled, on the ground of privilege or confidentiality, to refuse to produce or to answer if the inquiry were a proceeding in a court of law.
4
The person appointed to hold the inquiry may administer oaths and examine witnesses on oath and may accept, in lieu of evidence on oath by any person, a statement in writing by that person supported by a declaration of the truth thereof in such form as the person appointed may require.
5
The inquiry shall unless the Secretary of State otherwise directs be held in public.
6
Any person who refuses or wilfully neglects to attend in obedience to a notice issued under paragraph 3 above, or who wilfully alters, suppresses, conceals, destroys or refuses to produce any book or document which he may be required to produce by any such notice, or who refuses or wilfully neglects to comply with any requirement of the person appointed to hold the inquiry under paragraph 3 above, shall be liable on summary conviction to a fine not exceeding £20 or to imprisonment for a period not exceeding three months.
7
The Secretary of State may make orders as to the expenses incurred by the parties appearing at the inquiry and as to the parties by whom such expenses shall be paid.
8
Any order by the Secretary of State under paragraph 7 above requiring any party to pay expenses may be enforced in like manner as F7an extract registered decree arbitral bearing a warrant for execution issued by the sheriff court of any sheriffdom in Scotland.
F8SCHEDULE 1A. . .
Sch. 1A repealed (1.12.1997) by 1997 c. 59, ss. 5(2)(b), 6(3), Sch. Pt. II (with s. 1(3)); S.I. 1997/2774, art. 2.
1
The proprietors or managers of a participating school may request the Secretary of State to revoke the determination by giving him three years written notice or such shorter notice as he may in any particular case accept.
2
On the expiry of the period of notice referred to in paragraph 1 above the Secretary of State shall revoke the determination.
3
Subject to paragraph 4 below, the Secretary of State may revoke a determination in respect of a school by giving three years written notice to the proprietors or managers of the school.
C14
1
If the Secretary of State—
a
is not satisfied that appropriate educational standards are being maintained at a participating school; or
b
is satisfied that any condition applying to the school by virtue of a determination or regulations made under section 75A or 75B of this Act has been contravened, or that any obligation applying to the school by virtue of such regulations has not been complied with,
he may at any time revoke the determination by written notice to the proprietors or managers of the school.
2
A notice of revocation of a determination given under this paragraph may provide that it shall be treated as of no effect if the proprietors or managers of the school satisfy the Secretary of State within such time as may be specified in the notice that they have complied with any condition specified therein.
5
A notice of revocation of a determination given under paragraph 3 or 4 above shall contain a statement of the reasons for which it is given.
6
Revocation of a determination shall not affect the operation of—
a
the determination;
b
the scheme in relation to which the determination was made; or
c
any regulations made under section 75A or 75B of this Act,
in relation to any pupil holding an assisted place at the school on the date of the revocation.
F9SCHEDULE 1B
Sch. 1B repealed (23.3.2001) by 2000 asp 6, s. 55; S.S.I. 2001/102, art. 2
Procedure
1
The committee may, from time to time—
a
appoint from among its own members, a sub-committee—
i
to discharge such of the functions of the committee as the committee may specify; or
ii
to advise the committee on any matter relating to the discharge of the functions of the committee:
Provided that any person so appointed shall, upon ceasing to be a member of the committee, cease also to be a member of the sub-committee;
b
appoint a chairman from among its own members and revoke the appointment of his predecessor, if any;
c
subject to the provisions of this Act, make, vary or revoke standing orders—
i
regulating the quorum, procedure and place of meeting of the committee or of any of its sub-committees; or
ii
regulating the manner in which any dispute relating to procedure, or the interpretation of standing orders made under this sub-paragraph or the following paragraph, is to be resolved;
but subject to any such standing orders and to the provisions of this Act the quorum, procedure and place of meeting of the committee or of any of its sub-committees shall be such as the committee, or in respect of itself the sub-committee, may determine.
2
Subject to any standing orders made under paragraph 1(c) above by the committee, a sub-committee appointed under paragraph 1(a) above may from time to time do anything in respect of itself that the committee may, under paragraph 1(b) or (c)(i) above, do in respect of the committee; but the power which the committee has under paragraph 1(c) above to vary or revoke standing orders shall include the power to vary or revoke standing orders made by any of its sub-committees.
General powers
3
Subject to the provisions of this Act, the committee or any of its sub-committees shall have power to do anything (whether or not involving the expenditure or borrowing of money) which is calculated to facilitate, or is conducive or incidental to, the discharge of any of its functions.
4
Without prejudice to the generality of paragraph 3 above, the powers conferred by that paragraph shall, in relation to the committee, include the power to—
a
employ servants or agents;
b
acquire or dispose of any property or rights;
c
sell, at such price as the committee may consider appropriate, to any person or body anything published, under the provisions of sections 91 to 97D of this Act, by the committee;
Provided that nothing in this sub-paragraph shall authorise any charge to be made in respect of any copy the transmission of which is required under the said provisions; and
d
make provision for the resolution of any dispute between teaching staff and their employers as to the meaning or application of—
i
any settlement which the committee may formulate; or
ii
any award which under section 97B(8) or (9) of this Act has the same effect as such a settlement,
and shall, in relation to any sub-committee of the committee, include the powers mentioned in sub-paragraph (d) of this paragraph.
Recovery of expenditure
5
Expenditure incurred by the committee shall be recoverable so far as possible from income received by the committee in the exercise of the power specified in paragraph 4(c) of this Schedule.
6
In so far as such expenditure is not defrayed from income received as aforesaid, it shall be recoverable in such manner and in such proportions as the committee may determine from the bodies, other than the Secretary of State, which nominated the persons who are for the time being the members of the committee.
F18SCHEDULE 2 Constitution of Independent Schools Tribunals
Sch. 2 repealed (31.12.2005) by School Education (Ministerial Powers and Independent Schools) (Scotland) Act 2004 (asp 12), s. 9(2), sch. 2; S.S.I. 2005/10, art. 3(d) (with art. 3(2))
F181
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F182
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F183
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F184
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F185
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
SCHEDULE 3 Transitional and Savings Provisions
General
1
Where any document refers expressly or by implication to an enactment repealed by this Act, the reference shall, except where the context otherwise requires, be construed as, or as including, a reference to the corresponding provision of this Act.
2
Any reference in any provision of this Act (whether expressed or implied) to a thing done or falling to be done under a provision of this Act shall, in so far as the context permits, be construed as including, in relation to times, circumstances and purposes in relation to which a corresponding provision of an enactment repealed by this Act had effect, a reference to a thing done or falling to be done under that corresponding provision.
Children Requiring Special Education
3
4
Any decision, made under the Act of 1962 before the commencement of the said Act of 1969 by an education authority to the effect that a child requires special educational treatment, which is in force at such commencement, shall continue in force and be deemed to be a decision under section 62 of this Act (duly notified to the parents of a child under F11subsection (2) of that section) to record the child.
Savings
5
The repeal by the said Act of 1969 of sections 84 and 87 of the Act of 1962 shall not affect the payment after the commencement of this Act of any pension, gratuity or retiring allowance which was payable by virtue of paragraph 11 of Schedule 4 to the said Act of 1969 immediately before the commencement of this Act.
6
The repeal by the said Act of 1969 of section 94 of the Act of 1962 shall not affect the application of that section to any part of the annual revenue of any scheme, being a part to which that section applied immediately before the commencement of the said Act of 1969.
X1SCHEDULE 4 Amendment of Enactments
The text of Sch. 4 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991.
1
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F12
2
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F13
The Factories Act 1961 (c. 34)
3
In section 176(1) (interpretation), in the definition of “child” for the word “1962” there shall be substituted the word “1980”.
The Public Expenditure and Receipts Act 1968 (c. 14)
4
In Schedule 3 (variation of fees), in paragraph 1(b) for the words “1962 (c. 47) section 99(1)” there shall be substituted the words “1980 (c. 44) section 84(1)”.
The Social Work (Scotland) Act 1968 (c. 49)
5
In section 94(1) (interpretation), in the definition of “school age” for the words “32 of the Education (Scotland) Act 1962” there shall be substituted the words “31 of the Education (Scotland) Act 1980”.
The Sex Discrimination Act 1975 (c. 65)
6
In section 22 (discrimination by bodies in charge of educational establishments), in paragraph 7 of the Table for the words “75(c) or (d) of the Education (Scotland) Act 1962” there shall be substituted the words “73(c) or (d) of the Education (Scotland) Act 1980”.
7
In section 23(2) (other discrimination by education authorities), for the words “Acts 1939 to 1980” there shall be substituted the words “Act 1980”.
8
In section 25 (general duty in public sector of education)—
a
in subsection (3) for the words “71 of the Education (Scotland) Act 1962” and “said section 71” there shall be substituted respectively the words “70 of the Education (Scotland) Act 1980” and “said section 70”;
b
in subsection (5) for the words “68 of the Education (Scotland) Act 1962” there shall be substituted the words “67 of the Education (Scotland) Act 1980.”.
9
In section 79 (educational endowments to which Part VI of the Education (Scotland) Act 1962 applies)—
a
for any reference to Part VI of the Act of 1962 there shall be substituted a reference to Part VI of this Act.
b
in subsections (1)(b) and (4) for the references to sections 121(1) and 68 of the Act of 1962 there shall be substituted respectively references to sections 108(1) and 67 of this Act.
10
In section 81(3)(b) (orders), for the words “128 of the Education (Scotland) Act 1962” there shall be substituted the words “115 of the Education (Scotland) Act 1980”.
11
In section 82(1) (interpretation), in the definition of “education authority”, “educational establishment”, “further education”, “independent school”, “managers”, “proprietor”, “school” and “school education” for the respective references to subsections (16), (17), (21), (23), (26), (37), (42) and (43A) of section 145 of the Education (Scotland) Act 1962 there shall be substituted references to section 135(1) of the Education (Scotland) Act 1980.
The Race Relations Act 1976 (c. 74)
12
In section 17 (discrimination by bodies in charge of educational establishments), in paragraph 7 of the Table for the words “75(c) or (d) of the Education (Scotland) Act 1962” there shall be substituted the words “73(c) or (d) of the Education (Scotland) Act 1980.”.
13
In section 18(2) (discrimination by education authorities), for the words “Acts 1939 to 1980” there shall be substituted the words “Act 1980”.
F1414
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
15
In section 78(1) (interpretation), in the definitions of “education authority”, “educational establishment”, “further education”, “independent school”, “managers”, “proprietor”, “school” and “school education” for the respective references to subsections (16), (17), (21), (23), (26), (37), (42) and (43A) of section 145 of the Education (Scotland) Act 1962 there shall be substituted references to section 135(1) of the Education (Scotland) Act 1980.
The National Health Service (Scotland) Act 1978 (c. 29)
16
In section 15(1)(f) (supply of goods and services to local authorities etc.), for the words “5 of the Education (Scotland) Act 1962” there shall be substituted the words “1(5)(c) of the Education (Scotland) Act 1980”.
17
In section 39(5) (medical and dental health inspection, supervision and treatment of pupils and young persons), for “1962” there shall be substituted “1980”.
18
In section 108(1) in the definitions of “education authority” and “full-time education in a school” for “1962” there shall be substituted “1980”.
19
In paragraph 10(b) of Schedule 15 (saving of amendments), for “154” there shall be substituted “155”.
X2Schedule 5 Enactments Repealed
The text of Sch. 5 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991
Chapter | Short title | Extent of repeal |
|---|---|---|
10 & 11 Eliz. 2. c. 47. | The Education (Scotland) Act 1962. | The whole Act except sections 136 and 137, subsections (7), (16), (18), (19), (33) and (42) of section 145, section 149(1) and (2) and section 148(2) and Schedule 9 so far as they relate to section 136. |
1963 c. 21. | The Education (Scotland) Act 1963. | The whole Act. |
1964 c. 16. | The Industrial Training Act 1964. | Section 16. |
1964 c. 82. | The Education Act 1964. | Section 5. |
1967 c. 36. | The Remuneration of Teachers (Scotland) Act 1967. | The whole Act. |
1967 c. 80. | The Criminal Justice Act 1967. | Part I of Schedule 3 so far as relating to amendments of the Education (Scotland) Act 1962. |
1968 c. 49. | The Social Work (Scotland) Act 1968. | Schedule 8 so far as relating to the Education (Scotland) Act 1962. |
1969 c. 49. | The Education (Scotland) Act 1969. | The whole Act. |
1970 c. 44. | The Chronically Sick and Disabled Persons Act 1970. | Sections 25 to 27. |
1971 c. 42. | The Education (Scotland) Act 1971. | The whole Act. |
1972 c. 11. | The Superannuation Act 1972. | In Schedule 6, paragraph 42. |
1973 c. 23. | The Education (Work Experience) Act 1973. | The whole Act. |
1973 c. 50. | The Employment and Training Act 1973. | Sections 8, 9 and 10. |
1973 c. 59. | The Education (Scotland) Act 1973. | The whole Act. |
1973 c. 65. | The Local Government (Scotland) Act 1973. | Section 129. |
Schedule 11. | ||
1975 c. 65. | The Sex Discrimination Act 1975. | Section 79(6). |
1975 c. 71. | The Employment Protection Act 1975. | In Schedule 16, in Part IV, paragraphs 9 and 12. |
1976 c. 20. | The Education (Scotland) Act 1976. | The whole Act. |
1976 c. 65. | The Retirement of Teachers (Scotland) Act 1976. | The whole Act. |
1977 c. 45. | The Criminal Law Act 1977. | Schedule 6 so far as relating to the Education (Scotland) Act 1962. |
1978 c. 29. | The National Health Service (Scotland) Act 1978. | In Schedule 15, in paragraph 10(b) the words “126, 127”. |
In Schedule 16, paragraphs 15 to 18. | ||
1980 c. 20. | The Education Act 1980. | Section 20. |
Section 23. | ||
Section 25. | ||
Section 31(5)-(6). | ||
Section 33(2). | ||
Sections 35, 37 and 38. |
SCHEDULE 6 Postponement of The Commencement of Certain Provisions
1
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F15
F1616
Section 127(3) and (4).
Sch. A1 inserted by Education (Scotland) Act 1981 (c. 58), s. 1(2), Sch. 1