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Self-Governing Schools etc. (Scotland) Act 1989

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Self-Governing Schools etc. (Scotland) Act 1989, Part II is up to date with all changes known to be in force on or before 26 May 2018. 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. Help about Changes to Legislation

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Commencement Orders yet to be applied to the Self-Governing Schools etc. (Scotland) Act 1989

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Part IIS Articles of Management

1The 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.S

2Without 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—S

(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.

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