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Self-Governing Schools etc. (Scotland) Act 1989

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7 Powers and duties of board of management.S

(1)The board of management of a self-governing school shall manage the school, shall provide suitable and efficient school education at the school and shall, subject to subsection (2) below, to any regulations under subsection (7) below, to sections 11(1) and 12 of this Act and to any provision made by the articles of management of the school, have power to do anything which appears to them to be necessary or expedient for their exercise of those functions in respect of the school, including in particular power—

(a)to assume the management as from the incorporation date of the school, and for that purpose to receive any land, moveable property, liabilities and obligations transferred to them under section 36 or 49 of this Act;

(b)subject to subsection (2) below and to section 37 of this Act, to acquire and dispose of land and other property;

(c)to enter into contracts, including in particular contracts for the employment of teachers and other staff;

(d)to invest any sums not immediately required for the purposes of meeting the expenses of managing the school or any liability or obligation transferred to the board of management under section 36 or 49 of this Act; and

(e)to raise funds by any means other than borrowing, to accept gifts of money, land or other property and to apply, or hold and administer on trust, such funds and gifts for any purpose connected with such exercise by them.

(2)Subsection (1) above does not confer power to borrow money; and the power under paragraph (b) of that subsection to dispose of land—

(a)does not include any power to grant any security in respect of land; and

(b)may only be exercised with the written consent of the Secretary of State, the consent not being given without his having consulted the education authority as regards the proposed disposal.

(3)Without prejudice to subsection (1) above, but subject to any provision made by the scheme of government of the school, the board of management of a self-governing school shall also have power to provide education other than school education at the school.

(4)The board of management of a self-governing school shall promote contact between the school, parents of pupils at the school and the community and shall in particular—

(a)encourage the formation of a parent-teacher association or parents’ association at the school; and

(b)subject to their duty under subsection (1) above to provide suitable and efficient school education, promote the use of the school premises and facilities by the community.

(5)The board of management of a self-governing school shall, as part of the provision by them of school education, provide adequate facilities for pupils in attendance at the school for social, cultural and recreative activities and for physical education and training; and they may additionally provide such facilities (whether or not for those pupils) other than as part of the provision of school education.

(6)The board of management of a self-governing school shall, in the exercise of their functions, have regard to a need to make improvements in the provision which the school makes for pupils with special educational needs.

(7)Standards and F1. . .requirements may be prescribed to which every board of management shall conform in discharging their functions under this Act.

(8)Section 70 of the 1980 Act (enforcement of duties) applies as regards a board of management in respect of any duty imposed on them for the purposes of this Act (or of any other enactment relating to education).

(9)Part II of Schedule 1 to this Act, which makes provision as regards articles of management, shall have effect.

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Amendments (Textual)

F1Word in s. 7(7) repealed (18.9.1996) by 1996 c. 43, s. 36, Sch.6; S.I. 1996/2250, art.2

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