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Self-Governing Schools etc. (Scotland) Act 1989, Cross Heading: Change in characteristics, discontinuance etc. is up to date with all changes known to be in force on or before 25 September 2016. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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(1)Where the board of management of a self-governing school after the appropriate consultation decide, by a resolution passed at a meeting of the board held, subject to subsection (2) below, not less than five years after the incorporation date, to seek a change in the characteristics of the school, other than
(b)provision of a nursery class,]
the board shall secure that a ballot of parents on the question of whether the change should be made is held in accordance with this section.
(2)With the prior written consent of the Secretary of State a motion for such a resolution as is mentioned in subsection (1) above may be determined at a meeting of the board of management held at a date earlier than subsection (1) above would require.
(3)For the purposes of subsection (1) above, the appropriate consultation is consultation with the education authority and, where the school is, or the change sought would result in its becoming, a denominational school, with the church or denominational body in whose interest the school is, or as the case may be would be, managed.
(4)Schedule 7 to this Act, which makes provision as regards the arrangements to be made for holding the ballot, shall have effect.
(5)The result of the ballot shall forthwith be intimated to the Secretary of State by the board of management.
(6)A fresh ballot required by a notice under section 15(1) of this Act shall be held in accordance with such conditions, and before such date, as may be specified in the notice.
(7)Where the result of the ballot shows a majority of votes cast in the ballot in favour of the change sought, the board shall, before the end of the period of one month beginning with the date on which the result of the ballot is determined or of such longer period as the Secretary of State may permit—
(a)publish proposals for the change in such manner as may be prescribed by regulations;
(b)submit to the Secretary of State and to the education authority a copy of the published proposals; and
(c)where the school is, or the change sought would result in its becoming, a denominational school, submit such a copy to the church or denominational body in whose interest the school is, or as the case may be would be, managed.
(8)Before the expiry of the period of three months beginning with the date of publication of the proposals any person may submit representations to the Secretary of State as regards the proposals.
(9)The proposals shall require the approval of the Secretary of State; and he may, after the expiry of the period mentioned in subsection (8) above, after considering any relevant representations made under that subsection, after having regard to any representations from the education authority as to the probable effect of the proposed change on the fulfilment by them of their duty under section 1 of the 1980 Act (duty to secure that there be made for their area adequate and efficient provision of school education) and after taking into account such other matters as he considers appropriate including, without prejudice to the generality of the foregoing, the percentage that the total votes cast in the ballot which occasioned publication of the proposals constituted of the total number of persons eligible to vote in the ballot and the percentage that the votes so cast which were in favour of the change sought constituted of those total votes—
(a)reject the proposals, having first consulted the board as regards the possible such rejection; or
(b)approve them without modification or, after consultation with the board and the education authority, with such modifications as he thinks desirable.
(10)Where the Secretary of State approves the proposals (whether or not with modifications) he shall, under section 2(2) of this Act, vary the scheme of government of the school to give effect to the change.
(11)Subject to subsection (12) below, neither the board nor any other person shall do or undertake anything for which proposals are required to be published and submitted in accordance with this section until such proposals have been duly approved by the Secretary of State.
(12)The Secretary of State may, pending compliance with any of the requirements of subsections (1) to (10) above, allow such steps to be taken by the board as he considers reasonable in the circumstances of any case.
(13)In subsection (1) above, the reference to characteristics of the school is to the matters stated and specified in the description of the school required by section 16(4) of this Act or, where there has been a change in accordance with this section as regards the school, those matters as so changed.
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(1)The board of management of a self-governing school shall not discontinue the school except in pursuance of proposals published and approved under this section.
(2)Where the board of management—
(a)decide by a resolution passed at a meeting of the board ( “the first resolution”) to publish proposals under this section for the discontinuance of the school and confirm that decision by a resolution ( “the second resolution”) passed at a subsequent meeting of the board held not less than twenty-eight days, nor more than forty-two days, after that at which the first resolution was passed; and
(b)give notice in writing of the second resolution to the Secretary of State and to the education authority,
they may within the period of six months beginning with the date of the second resolution publish proposals for that purpose in such manner as may be prescribed and shall submit to the Secretary of State, to the education authority and, where the school is a denominational school, to the church or other denominational body in whose interest the school is managed, a copy of the published proposals.
(3)The notice required by subsection (2)(b) above shall be given as soon as practicable after the passing of the resolution to which it refers.
(4)The published proposals—
(a)shall specify the proposed date of discontinuance of the school; and
(b)shall be accompanied by a statement—
(i)indicating whether or not any proposals with respect to the establishment of a new school on the premises of the school have been published under section 22A of the 1980 Act (provision for consultation on certain changes); and
(ii)explaining the effect of subsection (5) below.
(5)Before the end of the period of two months beginning with the date of publication of the proposals, any person may submit representations to the Secretary of State in respect of the proposed discontinuance.
(6)The Secretary of State may, after considering any representations submitted under subsection (5) above, reject any proposals under this section, approve them without modification or, after consultation with the board of management and the education authority, approve them with modifications which, without prejudice to the generality of this subsection, may include the substitution of a different date for the date of discontinuance proposed.
(7)If the Secretary of State approves proposals under this section with respect to a school—
(a)the board of management shall cease to manage the school; and
(b)the Secretary of State’s duty to maintain the school shall cease,
on the date of discontinuance specified in the proposals as approved or on any other date subsequently specified by the Secretary of State at the request of the board (whether in substitution for the date specified in the proposals as approved or in substitution for a date previously specified under this subsection).
In the event of a self-governing school which, immediately before the incorporation date, was maintained and managed under section 21(1) of the 1980 Act (management of denominational schools)—
(a)by virtue of a change in characteristics under section 30 of this Act ( “change in characteristics” being construed in accordance with subsection (13) of that section) ceasing to be a denominational school; or
(b)being discontinued under section 31 of this Act (at a time when still a denominational school),
such compensation as would have been payable by an education authority under the first proviso to subsection (4) of section 22 of that Act, in either of the events mentioned in that subsection, had the school continued to be maintained by that authority shall be payable by the board of management.
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