Education (Scotland) Act 1981

8 Restriction and abolition of educational schemes

(1) In section 7 of the principal Act (provision of educational facilities to be in accordance with schemes) subsections (1) to (3) and (8) shall cease to apply in relation to school education and, accordingly—

(a) in that section—

(i) after subsection (1)(b), there shall be inserted the following paragraph—

“(bb) school education;”;

(ii) subsection (1)(c) shall cease to have effect;

(iii) in subsection (2), for the words " their powers and duties under the foregoing provisions of this Act " there shall be substituted the words " those of their functions which fall under subsection (1) above to be performed in accordance with schemes ";

(iv) in subsection (4), for the words " any scheme for" there shall be substituted the words " their functions under the foregoing provisions of this Act in relation to ";

(v) in subsection (6), for the words "In the preparation of any scheme for" there shall be substituted the words " In the performance of their functions under the foregoing provisions of this Act in relation to ";

(vi) in subsection (8), the words " school or " shall cease to have effect; and

(b) in section 17 of that Act—

(i) in subsection (1), after the word "authority" there shall be inserted the words " , in the performance of their functions under sections 1 to 6 of this Act, ";

the words from "in accordance" to " the area " shall cease to have effect; and for the words from " carry " to the end there shall be substituted the words " perform their said functions ";

(ii) in subsection (3), for the words from " carry " to the end there shall be substituted the words " enable them to perform their functions under sections 1 to 6 of this Act. ".

(2) Section 29 of the principal Act (transfer schemes) shall cease to have effect.

(3) Notwithstanding subsections (1) and (2) above, any provision of any scheme made under section 7 of the principal Act in relation to school education or under section 29 of that Act and approved by the Secretary of State under section 69 of that Act shall, to the extent that it relates to a matter in respect of which arrangements may be made by the authority in the exercise of their functions under that Act, continue to have effect as if it had been made as part of those arrangements.