School Boards (Scotland) Act 1988

SCHEDULES

Section 2.

SCHEDULE 1 S Electoral Procedure

1 Every education authority shall make arrangements for the holding of elections under this Act for School Boards in their area, and for that purpose shall draw up a scheme of arrangements for such elections in accordance with— S

(a) this Schedule; and

(b) such guidance as to the form and content of such schemes as the Secretary of State may from time to time issue.

2 A scheme may make different provision for different schools or classes of school. S

3 Every scheme shall include provision for the appointment by the education authority of a returning officer to ensure the proper conduct of the elections. S

4 In the case of an election of a parent member, the arrangements under paragraph 1 above shall provide for every parent of a pupil in attendance at the school to have an opportunity to vote by post. S

5 Subject to this Schedule and to any scheme made under paragraph 1 above, the education authority for the area in which a school is situated shall determine all matters relating to any election of members of the School Board for that school, and in particular all matters relating to eligibility to be a candidate or to vote including the date at which such eligibility is to be determined in respect of any particular election. S

6 For the purposes of paragraph 5 above, the education authority shall, in respect of each school in their area, establish and maintain a list of the names of the parents of pupils in attendance at that school, and unless a parent’s name appears on the list on the date determined by an authority under paragraph 5 above for the purposes of any election he shall not be eligible to be a candidate or to vote in that election. S

7 Elections under this Act shall be held by secret ballot. S

8 All practicable steps shall be taken to ensure that every person known to be a parent of a pupil in attendance at a school in their area— S

(a) is informed of any forthcoming election under this Act of a parent member of the School Board for that school, and of his right to be a candidate and to vote; and

(b) has an opportunity to be a candidate and to vote at any such election.

9 Every education authority shall, for the purposes of any election of parent members of a School Board for a school in their area, send to every parent eligible to vote in that election— S

(a) a ballot paper;

(b) a copy of a statement not exceeding 250 words by any candidate who has provided the authority with such a statement by such date as the authority shall have specified,

and the authority shall not issue any statements or material designed to influence the election other than the statement referred to in (b) above.

10 An education authority may arrange for any of their functions under this Schedule in relation to elections, apart from the making or variation of schemes, to be carried out in accordance with their directions by the School Board for the school. S

11 For the purposes of this Schedule “election” includes a by-election. S

Section 11.

SCHEDULE 2 S Appointment of Headteachers, Deputies and Assistants

1 Where an education authority intend to fill a post, other than on an acting basis, of [F1 headteacher or deputy] headteacher of a school, they shall— S

(a) advertise the post in such publications circulating throughout Scotland as they consider appropriate; and

(b) if they decide to proceed further with the appointment, set up a committee (to be known as an “appointment committee”) for the purpose of considering a short leet of candidates provided by the education authority and making recommendations to the authority for the appointment of persons to fill posts in accordance with this Act.

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Amendments (Textual)

F1 Words in Sch. 2 para. 1 substituted (22.3.2002) by 2002 asp 2, s. 2(5)(a); S.S.I. 2002/74, art. 3

Modifications etc. (not altering text)

C1 Sch. 2 para. 1 excluded (22.3.2002) by 2002 asp 2, s. 2(1)(2); S.S.I. 2002/74, art. 3

2 Except where paragraph 4 below applies, an appointment committee shall consist— S

(a) where the appointment of a headteacher is being considered, of equal numbers of persons nominated by the education authority (one of whose nominees shall be the chairman of the committee) and by the School Board;

(b) in any other case, of an equal number of persons nominated by the education authority and by the School Board; and the headteacher of the school, who shall be chairman of the committee,

but pupils of the school and members of the staff [F2 (whether teaching or not)] of the school other than the headteacher may not be members of an appointment committee.

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Amendments (Textual)

F2 Words in Sch. 2 para. 2 inserted (18.9.1996) by 1996 c. 43, s. 31, Sch. 4 para. 9(a); S.I. 1996/2250, art.2

3 Any vacancy occurring in the membership of an appointment committee F3 . . . shall be filled by a further nomination by the body which nominated the person whose place has become vacant. S

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Amendments (Textual)

F3 Words in Sch. 2 para. 3 repealed (18.9.1996) by 1996 c. 43, s. 31, Sch. 4 para. 9(b), Sch.6; S.I. 1996/2250, art.2

4 Where for any reason no School Board are for the time being established for a school, an appointment committee shall consist of persons nominated by the education authority, together with, where paragraph (2)(b) above applies, the headteacher of the school (who shall be the chairman). S

[F4 4A (1) Subject to sub-paragraph (2) below, any reference in paragraphs 2 to 4 above to the headteacher of a school shall include a reference to any person appointed to act for the time being as the headteacher of that school if that person is not, himself, a candidate for the post. S

(2) Where an education authority has reasonable grounds for considering a person acting as headteacher would not be a suitable person to be a member of and chair a committee under this Schedule, the authority may exclude him from so acting.]

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Amendments (Textual)

F4 Sch. 2 para. 4A inserted (18.9.1996) by 1996 c. 43, s. 31, Sch. 4 para. 9(c); S.I. 1996/2250, art.2

[F5 4B Where it appears to an education authority that an appointment committee cannot be constituted as mentioned in paragraphs 2 to 4A above, the authority may, after consultation with the Board, constitute an appointment committee made up of equal numbers of persons nominated by the authority and the Board with such other person as appears to the authority to be suitable as chairman.] S

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Amendments (Textual)

F5 Sch. 2 para. 4B inserted (18.9.1996) by 1996 c. 43, s. 31, Sch. 4 para. 9(c); S.I. 1996/2250, art.2

Application of 1973 Act to appointment committees S

5 The M1 1973 Act shall apply to appointment committees as it applies to sub-committees of an education authority appointed under F6 . . . that Act, but— S

(a) sections 56 and 57 of F6 . . . that Act shall not apply to appointment committees;

[F7 (aa) in respect of the performance of his duties as a member of an appointment committee, a person—

(i) shall not, under or by virtue of that Act, be entitled to receive any allowance or expenses;

(ii) shall be entitled to receive under this sub-paragraph from the education authority such allowances and expenses as may be determined by the Secretary of State;]

(b) members of appointment committees shall not require to be members of the education authority; and

(c) nothing in that Act shall—

(i) enable functions of an appointment committee to be discharged by the education authority or by any other person or body;

(ii) enable the education authority to control the exercise of functions by an appointment committee; or

(iii) prevent an employee of the education authority being a member of an appointment committee.

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Amendments (Textual)

F6 Words in Sch. 2 para. 5 repealed (1.4.1996) by 1994 c. 39, s. 180, Sch. 13 para. 158(4)(a), Sch.14; S.I. 1996/323, art. 4(1)(c)(d), Sch.2

F7 Sch. 2 para.5(aa) inserted (prosp.) by Self-Governing Schools etc. (Scotland) Act 1989 (c. 39, SIF 41:2), ss. 81(2), 82(1), Sch. 10 para. 10

Marginal Citations

M1 1973 c. 65.

[F8 Conflict of interest] S

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Amendments (Textual)

F8 Sch. 2 para. 5A and the crossheading immediately preceeding it inserted (18.9.1996) by 1996 c. 43, s. 31, Sch. 4 para. 9(d); S.I. 1996/2250, art.2

[F9 5A (1) Subject to sub-paragraph (2) below, where, whether before or during any meeting of the appointment committee, any member of the appointment committee becomes aware that he or any person connected with him has (whether directly or indirectly) a material interest in or relating to any matter to be or being considered by the appointment committee, he shall declare such interest and withdraw from the meeting during such consideration and shall not vote on any question relating to the matter. S

(2) Nothing in sub-paragraph (1) above shall—

(a) require a member of the appointment committee to declare an interest or withdraw; or

(b) prohibit him from voting,

in relation to any matter where his interest exists by reason only of his being the headteacher of the school or a parent of a pupil in attendance at the school.

(3) Section 346(2) of the M2 Companies Act 1985 (meaning of “connected person”) shall apply for the purpose of determining whether a person is connected with a member of the appointment committee as it applies for the purpose of determining whether a person is connected with a director of a company; and for such purpose references in that section to a director of a company shall be construed as if they were references to such a member.

(4) The validity of any proceedings of the appointment committee shall not be affected by any failure to comply with this paragraph.]

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Amendments (Textual)

F9 Sch. 2 para. 5A and the crossheading immediately preceeding it inserted (18.9.1996) by 1996 c. 43, s. 31, Sch. 4 para. 9(d); S.I. 1996/2250, art.2

Marginal Citations

M2 1985 c. 6.

Short leet S

6 Subject to paragraphs 7 and 8 below, a short leet shall consist of not less than 3 persons who have applied for the post and are eligible for it (in terms of any requirements by or under any enactment relating to eligibility for the post or for the class of post). S

[F10 7 Where there are fewer than 4 applicants who are eligible for the post the education authority may— S

(a) subject to paragraph 12 below, omit the name of any candidate whom they consider to be unsuitable; or

(b) re-advertise the post.]

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Amendments (Textual)

F10 Sch. 2 para. 7 substituted (18.9.1996) by 1996 c. 43, s. 31, Sch. 4 para. 9(e); S.I. 1996/2250, art.2

[F11 8 Nothing in paragraph 7 above shall authorise the education authority to reduce the leet to fewer than 2 names.] S

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Amendments (Textual)

F11 Sch. 2 para. 8 substituted (18.9.1996) by 1996 c. 43, s. 31, Sch. 4, para. 9(e); S.I. 1996/2250, art.2

[F12 Preparation of short leet] S

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Amendments (Textual)

F12 Sch. 2 paras. 9, 10 and the preceding cross-heading substituted for Sch. 2 paras. 9-13 (13.10.2000) by 2000 asp 6, s. 30; S.I. 2000/361, art. 3(1), Sch. Pt. I (with art. 4)

[F13 9 Subject to paragraph 10 below, the authority shall prepare the short leet and send it to the appointment committee; and the committee shall consider it and make their recommendation under paragraph 16 below.] S

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Amendments (Textual)

F13 Sch. 2 paras. 9, 10 and the preceding cross-heading substituted for Sch. 2 paras. 9-13 (13.10.2000) by 2000 asp 6, s. 30; S.I. 2000/361, art. 3(1), Sch. Pt. I (with art. 4)

[F14 10 The authority shall prepare the short leet in consultation with, and taking account of the views of— S

(a) the School Board, if the post to which the short leet relates is that of headteacher of a school for which such a Board is established; and

(b) the headteacher, if the post is that of deputy headteacher F15 . . ..]

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Amendments (Textual)

F14 Sch. 2 paras. 9, 10 and the preceding cross-heading substituted for Sch. 2 paras. 9-13 (13.10.2000) by 2000 asp 6, s. 30; S.I. 2000/361, art. 3(1), Sch. Pt. I (with art. 4)

F15 Words in Sch. 2 para. 10 repealed (22.3.2002) by 2002 asp 2, s. 2(5)(b); S.S.I. 2002/74, art. 3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Appointments of deputy or assistant headteacher, or of headteacher where no School Board established S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Procedure of committee S

14 The appointment committee and (where appropriate) the School Board shall— S

(a) inform the [F16 education authority] in advance of any meeting to be held by either of them in connection with appointment to any post;

(b) consider any advice given by him or his nominee in relation to the appointment.

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Amendments (Textual)

F16 Words in Sch. 2 para. 14 substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 158(4)(b); S.I. 1996/323, art.4(1)(c)

15 [F17 An officer of the education authority] shall— S

(a) be entitled to attend any proceedings of the appointment committee or a School Board; and

(b) give the committee or, as the case may be, the Board such advice as he considers appropriate,

in relation to an appointment to which this Schedule applies.

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Amendments (Textual)

F17 Words in Sch. 2 para. 15 substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 158(4)(c); S.I. 1996/323, art.4(1)(c)

16 The appointment committee shall, unless they consider that no person on the short leet is suitable for the post, recommend one candidate for appointment. S

17 Where an appointment committee recommend the appointment of any person to a post to which this Schedule applies the education authority shall appoint that person accordingly, unless it appears to them that the candidate is not eligible for the post in which case they may refuse to appoint him. S

18 Where an education authority refuse, under paragraph 17 above, to appoint the person recommended by the appointment committee, the authority shall, if they intend to fill the post, undertake fresh procedure under paragraph 1 above. S

19 It shall not be competent for a deputy F18 . . . headteacher to exercise any of the functions of a headteacher under this Schedule. S

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Amendments (Textual)

F18 Words in Sch. 2 para. 19 repealed (22.3.2002) by 2002 asp 2, s. 2(5)(c); S.S.I. 2002/74, art. 3

Section 15.

SCHEDULE 3 S Delegation Orders

Delegation on education authority’s initiative S

1 Where an education authority propose making a delegation order under section 15 of this Act F19 . . ., they shall provide a draft of the order to the School Board and seek the agreement of the Board to the terms of the proposed order, without which agreement the order may not be made. S

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Amendments (Textual)

F19 Words in Sch. 3 para. 1 repealed (13.10.2000) by 2000 asp 6, s. 60(2), Sch. 3; S.I. 2000/361, art. 3(1), Sch. Pt. I (with art. 4)

Request by School Board for delegation S

F20 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

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Amendments (Textual)

F20 Sch. 3 paras. 2-13 repealed (13.10.2000) by 2000 asp 6 s. 31; S.I. 2000/361, art. 3(1) Sch. Pt. I (with art. 4)

Refusal by authority S

F21 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

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Amendments (Textual)

F21 Sch. 3 paras. 2-13 repealed (13.10.2000) by 2000 asp 6, s. 31; S.I. 2000/361, art. 3(1) Sch. Pt. I (with art. 4)

F22 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

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Amendments (Textual)

F22 Sch. 3 paras. 2-13 repealed (13.10.2000) by 2000 asp 6, s. 31; S.I. 2000/361, art. 3(1) Sch. Pt. I (with art. 4)

F23 5 Schedule 1 to this Act shall apply (with the exception of paragraph 9 and of references to candidates) to a ballot under paragraph 3 above as it applies to an election of parent members held under that Schedule. S

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Amendments (Textual)

F23 Sch. 3 paras. 2-13 repealed (13.10.2000) by 2000 asp 6, s. 31; S.I. 2000/361, art. 3(1), Sch. Pt. I (with art. 4)

F24 6 Where, following a refusal under paragraph 2 above to delegate a function to a School Board, a majority of parents voting in a ballot under paragraph 3 above have expressed support for the delegation of a function, the education authority may agree or again refuse to delegate the function. S

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Amendments (Textual)

F24 Sch. 3 paras. 2-13 repealed (13.10.2000) by 2000 asp 6, s. 31; S.I. 2000/361, art. 3(1), Sch. Pt. I (with art. 4)

F25 7 Where an education authority refuse to delegate a function under paragraph 6 above, the School Board may refer the matter to the Secretary of State for a decision under paragraph 8 below. S

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Amendments (Textual)

F25 Sch. 3 paras. 2-13 repealed (13.10.2000) by 2000 asp 6, s. 31; S.I. 2000/361, art. 3(1), Sch. Pt. I (with art. 4)

F26 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

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Amendments (Textual)

F26 Sch. 3 paras. 2-13 repealed (13.10.2000) by 2000 asp 6, s. 31; S.I. 2000/361, art. 3(1), Sch. Pt. I (with art. 4)

Agreement by authority S

F27 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

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Amendments (Textual)

F27 Sch. 3 paras. 2-13 repealed (13.10.2000) by 2000 asp 6, s. 31 S.I. 2000/361, art. 3(1), Sch. Pt. I

F28 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F28 Sch. 3 paras. 2-13 repealed (13.10.2000) by 2000 asp 6, s. 31 S.I. 2000/361, art. 3(1), Sch. Pt. I

Disagreement on terms of the order S

F29 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F29 Sch. 3 paras. 2-13 repealed (13.10.2000) by 2000 asp 6, s. 31; S.I. 2000/361, art. 3(1), Sch. Pt. I (with art. 4)

F30 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F30 Sch. 3 paras. 2-13 repealed (13.10.2000) by 2000 asp 6, s. 31; S.I. 2000/361, art. 3(1), Sch. Pt. I (with art. 4)

Secretary of State’s power to require information S

F31 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F31 Sch. 3 paras. 2-13 repealed (13.10.2000) by 2000 asp 6, s. 31; S.I. 2000/361, art. 3(1), Sch. Pt. I (with art. 4)

Amendment S

14 An education authority may, with the consent of the School Board concerned, amend a delegation order by making a further order (which may include revocation of the delegation of a function, or of the whole delegation order). S

15 Where an education authority has been unable to obtain the consent of the School Board to an order under paragraph 14 above, the authority may send a draft of the order to the Secretary of State who shall consider the views of the education authority and of the School Board, and— S

(a) may, if he is satisfied that continued delegation of any function would prejudice the good running of the school, consent to the revocation of the delegation of that function;

(b) may, as he thinks fit, consent to an amendment which does not in his view amount to the revocation of the delegation of a function; and

(c) in either case, may direct such alterations of the draft order as he thinks fit,

and the authority, if they decide to proceed to make an order, shall do so in accordance with his directions.

Section 23.

SCHEDULE 4 S Minor and Consequential Amendments

The Local Government (Scotland) Act 1973 (c. 65) S

1 In section 125(1) of the 1973 Act, before “educational” in both places where it occurs, insert “further ”. S

2 In section 125(2) of the 1973 Act, omit from “(a)” to “case” where it occurs in paragraph (b) of that subsection. S

3 In section 125(3) of the 1973 Act, omit paragraph (a) and, in paragraph (b), “(a) or”. S

4 In section 125 and 126 of and Schedule 10 to the 1973 Act, omit “school or” wherever it occurs. S

5 In section 125(4) of the 1973 Act, omit “school and”. S

The Education (Scotland) Act 1980 (c. 44) S

6 In section 70 of the Education (Scotland) Act 1980 (which relates to the enforcement of duties imposed under that Act and other enactments), after the words “education authority,” in both places where they occur, insert “a School Board, ”. S

7 In Schedule A1 to the Education (Scotland) Act 1980, in paragraph 7(d), omit “school council” and substitute “School Board ”. S