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This is the original version (as it was originally enacted).

Section 25(3).

SCHEDULE 6Provision of Benefits and Services for Pupils at Self-Governing Schools etc.

1(1)The 1980 Act shall be amended as follows.

(2)In section 51 (provision of transport etc.)—

(a)in subsection (1), after the words “(2A)” there shall be inserted the words “or (2AB)”;

(b)after subsection (2A) there shall be inserted the following subsections—

(2AB)This subsection applies—

(a)where the pupil is in attendance at a self-governing school but lives outwith an area for the time being specified in relation to that school by the Secretary of State by order under this subsection; or

(b)where the pupil lives within that area and either—

(i)his parent has not applied to the board of management, under paragraph 2(1) of Schedule 2 to the Self-Governing Schools etc. (Scotland) Act 1989, for the pupil’s admission to the school; or

(ii)his parent has so applied and they are prepared to admit the pupil, but the pupil is not in such attendance;

and paragraph 8 of the said Schedule 2 shall apply in relation to references in this subsection as that paragraph applies to references in paragraphs 2 to 7 of that Schedule.

(2AC)An order under subsection (2AB) above may be revoked, and a new area specified in relation to the school, by a further order under that subsection; but before making any such order, or further order, the Secretary of State shall consult the board of management of the school and the education authority within whose area the school is situated..

(3)In section 54 (education authority’s duty to ensure clothing of pupils at public schools is sufficient etc.)—

(a)in subsection (1), after the word “management” there shall be inserted the words “, or a self-governing school,”; and

(b)in subsection (3), at the end there shall be added the words “; or for any pupil who is a boarder at a self-governing school”.

(4)In section 55(b) (arrangements for provision of sufficient clothing by education authority for pupils in attendance at schools other than public schools), at the beginning there shall be inserted the words “except in relation to a school which is a self-governing school,”.

(5)In section 57 (health of pupils)—

(a)in subsection (2), for the words from “inspection”, where it occurs for the second time, to the end there shall be substituted the words—

(a)an education authority may require the parent of any pupil in attendance at any school under their management; and

(b)a board of management of a self-governing school may require the parent of any pupil in attendance at that school,

to submit the pupil for medical or dental inspection in accordance with arrangements made by the appropriate Health Board in agreement with the authority, or as the case may be board of management; and—

(i)an education authority may require any young person in attendance at any educational establishment under their management;

(ii)a board of management of a self-governing school may require any young person in attendance at that school,

to submit himself for such medical or dental inspection.; and

(b)in subsection (3), after the word “authority” there shall be inserted the words “or board of management”.

(6)In section 58 (power to ensure cleanliness)—

(a)in subsection (1)—

(i)after the word “directions”, where it occurs for the second time, there shall be inserted the words “, and the board of management of any self-governing school may by notice in writing issued with respect to that school,”; and

(ii)after the words “such schools”, where they occur for the second time, there shall be inserted the words “(or as the case may be at that school)”;

(b)in subsection (2), after the word “authority” there shall be inserted the words “, or in the case of a self-governing school, the board of management,”;

(c)in subsection (3), after the word “authority”—

(i)where it first occurs, there shall be inserted the words—

, or in the case of a self-governing school the board ofmanagement;

(ii)where it occurs for the second time, there shall be inserted the words—

, or in the case of a self-governing school any officerappointed by the board of management,; and

(d)in each of subsections (4) and (6), after the word “authority” there shall be inserted the words “, or as the case may be the board of management”.

2In section 39 of the [1978 c. 29.] National Health Service (Scotland) Act 1978 (medical and dental inspection of pupils etc.)—

(a)in subsection (1), after the word “authority” there shall be inserted the words “or at any self-governing school”;

(b)in subsection (3), after the word “authority”, where it first occurs, there shall be inserted the words “and of every board of management”; and

(c)in subsection (4), after the word “authority” there shall be inserted the words “and of every board of management”.

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