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Education (Scotland) Act 1981

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7 Removal of certain controls in connection with denominational schools. S

(1)For subsection (2) of section 17 of the principal Act (power of education authority to provide new denominational school when Secretary of State is satisfied that one is required) there shall be substituted the following subsection—

(2)In any case where an education authority are satisfied, whether upon representations made to them by any church or denominational body acting on behalf of the parents of children belonging to such church or body or otherwise, that a new school is required for the accommodation of children whose parents are resident within the area of the authority, regard being had to the religious belief of such parents, it shall be lawful for the education authority to provide a new school..

(2)In section 22 of that Act—

(a)in subsection (4) (power to discontinue denominational school or to make it a non-denominational school)—

(i)the words from “the authority” to “signifies” shall cease to have effect; and

(ii)after the word “shall” there shall be inserted the words “subject to sections 22A, 22B, 22C and 22D of this Act”; and

(b)in proviso (ii) to that subsection—

(i)for the words “Secretary of State”, where first occurring, there shall be substituted the word “authority”;

(ii)the words from “if”, where secondly occurring, to “signifies” shall be omitted; and

(iii)after the word “shall” there shall be substituted the words “subject to sections 22A, 22B, 22C and 22D of this Act”.

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C1The text of ss. 1–7, 8(1)(2), 9–17, 18(2), 21(1)(3), Schs. 1–7, 9 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991

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