Self-Governing Schools etc. (Scotland) Act 1989

Sections 3(2) and 7(9).

SCHEDULE 1 S The Scheme of Government

Part I S Articles of Constitution

Denominational schools S

1 S The articles of constitution shall, in the case of a denominational school, provide for one of the appointed members to be nominated by the church or denominational body in whose interest the school is managed.

Initial provision as regards membership S

2 S The articles of constitution shall specify the membership of the board; so however that the first such specification in respect of the board shall require that—

(a) the parent members first elected shall be of greater number than had the school board on the relevant date;

(b) the staff members first elected shall be of the same number as had the school board on that date; and

(c) the appointed members ( “appointed” not including persons deemed appointed by virtue of paragraph 1(2) of Schedule 4 to this Act) shall be of greater number than had the school board of co-opted members on that date.

3 S In paragraph 2 above the reference to the relevant date is to the date immediately preceding the incorporation date; and for the purposes of that paragraph numbers shall be determined as if any vacancy in the membership of the school board were filled.

Parental majority S

4 S The articles of constitution shall, without prejudice to paragraph 1(2) of Schedule 4 to this Act, provide that the number of parent members shall constitute an overall majority of the total number of members of the board of management.

Eligibility S

5 S The articles of constitution for a school shall provide that—

(a) a person who is eligible for election to a board of management as a staff member shall not be eligible for election as a parent member of that board;

(b) a person who is eligible for election to the board of management shall not be eligible for appointment to the board; and

(c) a retiring member of a board of management shall not be disqualified, by reason only of such retirement, from further election, or appointment, to the board.

Resignation and removal S

6 S Subject to paragraph 7 below, the articles of constitution for a school shall provide that—

(a) a member of a board of management may resign office at any time by giving written notice to the board if after the resignation there will remain in office not less than three members of the board;

(b) a board of management —

(i) may terminate the membership of any member who they are satisfied is unable to carry out his duties because of his physical or mental illness or incapacity;

(ii) may terminate the membership of any member who they are satisfied has failed, without good cause, to attend meetings held by the board during a continuous period of at least six months if within the period there were three consecutive meetings which he did not attend; and

(iii) subject to paragraph 7 below, shall terminate the membership of any member who they are satisfied is either a parent member who has ceased to have a child (whether or not over school age) in attendance at the school or a staff member who has ceased to be a member of staff of the school.

7 S No provision shall be made under paragraph 6(b)(iii) above in relation to any person the unexpired period of whose term of office is less than two years.

Proceedings S

8 S The articles of constitution for a school may make provision as to the meetings and proceedings of the board of management.

9 S The provision that may be made by virtue of paragraph 8 above includes in particular provision—

(a) as to the election of a chairman and vice-chairman;

(b) as to the establishment, constitution, meetings and proceedings of committees;

(c) for the delegation of functions of the board of management in such circumstances as may be specified in the articles of constitution to committees established by the board or to any member of the board;

(d) as to the procedure (including any quorum) when business is transacted by members of a particular category; and

(e) as to the procedure for the election of members of the board of management and for the determination of any question arising in connection with, or matters relating to, any such elections;

and the provision mentioned in sub-paragraph (b) above may provide for a committee to include persons who are not members of the board of management.

Allowances to members S

10 S The board of management of a school may be empowered by the articles of constitution to pay to their members and to such other persons as are, by virtue of paragraph 9 above, members of a committee established by virtue of sub-paragraph (b) of that paragraph, such travelling, subsistence or other allowances as may be determined in accordance with a scheme made by the board and approved by the Secretary of State.

11 S Any scheme made under paragraph 10 above may be varied or revoked by a subsequent scheme so made.

Saving S

12 S Nothing in the foregoing provisions of this Schedule prejudices the generality of section 2 of this Act.

Part II S Articles of Management

1 S The articles of management for a school may include provision as to the establishment, by the board of management, of committees or other bodies of persons for the purpose of, or in connection with the performance in relation to the school of, such functions as may be determined by or under those articles.

2 S Without prejudice to the generality of section 2 of this Act, the articles of management shall contain a description such as is required by section 16(4)of this Act (but shall, on any change being made in accordance with section 30 of this Act as respects the school, be amended accordingly) and shall include provision—

(a) that the board of management shall so exercise their functions as to ensure that the school continues to conform to the description for the time being so contained;

(b) subject to paragraphs 2 to 8 of Schedule 2 to this Act, with respect to arrangements for appeals, in such circumstances as may be provided by the articles of management, to an appeal committee constituted in accordance with those articles against any decision or action taken by the board of management, or by any persons authorised under those articles to take any decision or action of the kind in question, in relation to—

(i) the admission of pupils to the school; or

(ii) the exclusion of any pupil from the school.

(c) subject to the said paragraphs 2 to 8, requiring the board of management to publish, for each school year, particulars of—

(i) the arrangements for the admission of pupils to the school; and

(ii) the procedures applicable under the articles of management and any further arrangements made by them in respect of appeals by parents against any such decision or action as is mentioned in sub-paragraph (b) above in relation to the admission of pupils to the school;

(d) with respect to disciplinary rules and procedures applicable to members of the staff of the school and procedures for affording to them opportunities for seeking redress of any grievances relating to their employment; and

(e) with respect to arrangements—

(i) for affording to any member of the staff an opportunity of making representations with respect to any proposal to dismiss him by the board of management or any persons authorised under the articles of management to dismiss him, including (if he so wishes) oral representations to such person or persons as may be appointed for the purpose;

(ii) for requiring the board of management or any such persons to have regard to any representations made by him before taking any decision to dismiss him; and

(iii) for affording to any member of staff whom it has been decided to dismiss an opportunity of appealing against that decision before any action is taken to implement it.