School Boards (Scotland) Act 1988

2 Composition of Boards. S

(1) A School Board shall consist of—

(a) persons (to be known as “parent members”) who are, and who shall be elected by, parents of pupils in attendance at the school;

(b) (except in the case of a school which has no staff, as defined in subsection (13) below) persons (to be known as “staff members”) who are, and who shall be elected by, members of the staff of the school; and

(c) persons (to be known as “co-opted members”), who shall be co-opted by the Board,

in such numbers as shall be prescribed [F1 ; and the number prescibed for the purposes of paragraph (a) above shall included not more than two co-opted parent members co-opted under section 2B(3) of this Act]

(2) Parent members [F2 including co-opted parent members] shall form a majority of every School Board.

(3) Regulations—

(a) shall specify the numbers of parent, staff and co-opted members, and different provision may be made for different schools and for different classes of schools;

(b) may specify the dates at which the number of pupils in attendance at a school is to be determined for the purposes of any regulations made under paragraph (a) above;

(c) shall specify, in relation to schools in existence at the commencement of section 1 of this Act (except where a decision has been taken, in accordance with section 20(1) of this Act, not to have a School Board), the date by which an education authority shall hold the first elections of parent and staff members to School Boards under this section;

(d) may provide for the making by education authorities, within such time as may be prescribed, of arrangements to adjust the composition of School Boards in consequence of variation of regulations made under this section or changes in the circumstances of a school, including—

(i) provision enabling authorities to hold elections or to direct co-options;

(ii) provision enabling authorities to direct the early termination of office of any member;

(iii) provision enabling authorities to determine the term of office of any person elected or co-opted under such arrangements.

(4) A person who is eligible for election to a School Board as a staff member shall not be eligible for election to that Board as a parent member.

(5) A person who is eligible for election to a School Board shall not be eligible [F3 to be a co-opted member of that board].

(6) A person may not be a member of a School Board in more than one capacity (as parent, staff or co-opted member) at any one time.

(7) Where a school is a denominational school—

(a) transferred to the education authority under section 16(1) of the M1 1980 Act (transference of denominational schools to education authorities); or

(b) provided by the authority under section 17(2) of the M2 1980 Act (which relates, among other things, to the provision by the education authority of denominational schools),

one of the co-opted members shall be a person nominated by the church or denominational body in whose interest the school is conducted.

F4 (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(12) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(13) In subsection (1)(b) above, “staff” (in relation to a school) means teachers, and instructors, whether full-time or part-time, employed by the authority for the purpose of providing education at that school, whether or not they are also so employed at other schools, but does not include [F5 —

(a) the headteacher; and

(b) any teacher who is so employed at more than one school if he is so employed at that school for less than 40% of the normal hours of work of a full-time teacher.]

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)

F1 Words at the end of s. 2(1) added (18.9.1996) by 1996 c. 43, s. 31, Sch. 4para. 2(a); S.I. 1996/2250, art. 2

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

F3 Words in S. 2(5) substituted (23.8.2000) by 2000 asp 6, s. 60(1), Sch. 2 para. 4(2); S.I. 2000/298, art. 3(1), Sch. (with art. 4)

F4 S. 2(8)-(12) repealed (18.9.1996) by 1996 c. 43, s. 28(1), Sch. 6; S.I. 1996/2250, art. 2

F5 Words in s. 2(13) substituted (18.9.1996) by 1996 c. 43, s. 31, Sch. 4 para. 2(c); S.I. 1996/2250, art. 2

Marginal Citations

M1 1980 c. 44.

M2 1980 c. 44.