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School Boards (Scotland) Act 1988

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This is the original version (as it was originally enacted).

16Powers of education authority to ensure due exercise of delegated functions

(1)An education authority shall not exercise functions which they have delegated to a School Board under section 15 of this Act except insofar as—

(a)conditions imposed under that section of this Act provide; or

(b)section 20(8) of this Act or this section provides.

(2)Where an education authority are satisfied that a School Board in their area have, in relation to any function delegated to them under section 15 of this Act, seriously or persistently failed—

(a)to comply with any condition imposed under that section;

(b)to comply with this Act; or

(c)to exercise the function so as to ensure that any duty of the authority under statute or any rule of law is complied with,

the authority may to the extent that it appears to them necessary suspend the delegation of the function and may exercise the function themselves.

(3)Where an education authority have suspended the delegation of a function under this section they shall have power to adjust accordingly the monies made available to the School Board under section 17 of this Act.

(4)Where an education authority intend to suspend the delegation of any function of a School Board under subsection (2) above they shall give the Board not less than one month’s notice of that intention, unless they are satisfied that gross mismanagement has occurred or that an emergency exists, when they may suspend the delegation of the function on immediate notice.

(5)An education authority shall give their reasons for suspending delegation of functions along with notice under subsection (4) above.

(6)A School Board shall be entitled to make representations with regard to any suspension under subsection (2) above, and to be heard—

(a)where a month’s notice is given, before expiry of the notice;

(b)otherwise within 4 weeks of the notice.

(7)An education authority may at any time revoke a suspension under this section entirely or to such extent as they think appropriate.

(8)Once the procedures described in subsections (4), (5) and (6) above have been exhausted, a School Board may appeal against a suspension under this section to the Secretary of State who may revoke the suspension entirely or to such extent as he thinks appropriate.

(9)A suspension under this section shall be reviewed by the education authority not less than 12 and not more than 14 months after the date of the suspension, and on such a review the education authority shall give the School Board an opportunity to make representations.

(10)An education authority, on a review under subsection (9) above, shall—

(a)revoke the suspension; or

(b)as soon as is practicable, proceed under Schedule 3 to this Act to seek revocation of the delegation of the function,

and shall give the Board notice of their decision.

(11)In the event of the authority proceeding under subsection (10)(b) above and the Secretary of State refusing to consent to revocation, the suspension shall cease to have effect.

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