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School Boards (Scotland) Act 1988

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20 Schools without a Board and disestablishment of Boards.S

(1)An education authority may decide not to establish a School Board for a school for which no School Board have been established or whose School Board are for the time being disestablished if—

(a)they are satisfied that by reason of the small number of pupils in attendance at the school there are insufficient parents of such pupils who are qualified to serve as parent members to satisfy the requirements of this Act; and

(b)the Secretary of State consents to the decision.

(2)A decision under subsection (1) above shall be rescinded if a number of parents equal to the number of parent members prescribed for the Board for that school request it in writing, and a School Board shall be established for that school as soon as is practicable.

(3)The authority may review a decision under subsection (1) above at any time, and shall do so if there is in their view a significant increase in the number of pupils in attendance at the school: and shall, if they consider that there are sufficient parents qualified to serve as parent members, establish a School Board for that school as soon as is practicable.

(4)Sections 10, 12(3) and 17(4) to (6) of this Act shall apply in relation to each parent of pupils in attendance at a school which does not have a School Board by reason of subsection (1) above as those provisions would apply to a School Board established for that school.

(5)F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F2(6)Where—

(a)so few parent members are elected that co-option under section 2A(4) of this Act would not be sufficient to make up the number for the time being prescribed for the purposes of section 2(1)(a) of this Act, the School Board shall not be established or, in the case of an existing Board, shall be disestablished; or

(b)a vacancy occurs for a parent member and the case is—

(i)one where, under section 28(1) of the Standards in Scotland’s Schools etc. Act 2000 (asp 6), a by-election falls to be held but on its being held no parent member is elected; or

(ii)not one where, as is mentioned in sub-paragraph (i) above, a by-election falls to be held,

and, in either case, the Board choose not to, or are unable to or fail to, exercise their power under section 2B(3) of this Act so as to make up the number so prescribed, the Board shall be disestablished.]

(7)Where by reason of subsection (6) above a Board are not established or are disestablished, unless it is decided in accordance with subsection (1) above not to establish a Board for the school, further elections for members of the Board shall be held—

(a)at any time when a number of parents equal to the number of parent members prescribed for the Board request it in writing;

[F3(b)in any event, at the time required by section 2A(1) of this Act.]

(8)Where no School Board orInterim School Board are for the time being established for a school—

(a)any functions delegated to a Board for such a school which has become disestablished; and

(b)the functions conferred on School Boards by section 14 of this Act,

shall be exercised by the education authority for the area in which the school is situated.

(9)A School Board re-established as a result of elections under subsection (7) above shall have all the delegated functions which they had before they became disestablished.

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