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Self-Governing Schools etc. (Scotland) Act 1989

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This is the original version (as it was originally enacted).

2The provision that may be made by an order under paragraph 1 above includes in particular provision—

(a)for the exercise by the school board in relation to the school, in such circumstances and in such manner and subject to such conditions as may be specified in the order, of any power so specified corresponding to any of the powers that would by virtue of section 7 of this Act be exercisable by the board of management of the school on that board’s incorporation, including in particular power—

(i)to appoint members of staff to take up employment on or after the incorporation date;

(ii)to enter into contracts for the purpose of, or in connection with, the conduct of the school on or after that date; and

(iii)to determine the arrangements for admission of pupils to the school that are to apply in the first school year beginning on or after that date;

(b)excluding or modifying any powers of the education authority in relation to any matter to which any power exercisable by the school board in accordance with any provision made by virtue of sub-paragraph (a) above applies;

(c)for—

(i)requiring the school board to be consulted before the education authority exercise in relation to the school any function of a description specified in the order or take in relation to the school any action of a description so specified; or

(ii)requiring or enabling the school board to participate in the exercise in relation to the school of any such function or in the taking in relation to the school of any such action,

in such circumstances and in such manner as may be so specified;

(d)with respect to the proceedings of the school board and the authentication of their actions (including the making or issue of any instrument by them or on their behalf); and

(e)that without prejudice to the generality of section 10(1)(a) of the 1988 Act (information and reports) and even in so far as that section might not otherwise compel compliance, the education authority shall provide the school board with such information as the board may reasonably request under that section in respect of—

(i)the administration of the school;

(ii)the fabric of the school;

(iii)the staff employed at the school;

(iv)the pupils in attendance at the school; and

(v)other children and young persons who would be expected to be pupils in attendance at the school within two years after the incorporation date and of whose existence the authority are aware.

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