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Local Government etc. (Scotland) Act 1994

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31 Education.S

For section 124 of the 1973 Act (education committees) there shall be substituted—

124 Membership of committees appointed by education authorities.

(1)Where an education authority appoint a committee whose purposes include—

(a)advising the authority on any matter relating to the discharge of their functions as education authority; or

(b)discharging any of those functions of the authority on their behalf,

the members of such committee shall, notwithstanding the provisions of section 57(3) and (4)(a) of this Act, be appointed in accordance with this section.

(2)Subject to the provisions of section 59 of this Act, an education authority who appoint a committee such as is mentioned in subsection (1) above shall secure that—

(a)at least half of the persons appointed by them to be members of such committee are members of the authority; and

(b)the persons appointed by them to be members of such committee shall include the three persons mentioned in subsection (4) below.

(3)Subject to the provisions of subsection (2) above, an education authority may appoint persons who are not members of the authority to be members of a committee such as is mentioned in subsection (1) above.

(4)The three persons mentioned in subsection (2)(b) above (who shall not be members of the education authority appointing such committee) are—

(a)one representative of the Church of Scotland, nominated in such manner as may be determined by the General Assembly of the Church;

(b)in the case of the education authority for each area other than Orkney Islands, Shetland Islands and Western Isles, one representative of the Roman Catholic Church, nominated in such manner as may be determined by the Scottish Hierarchy of the Church; and

(c)one person or, in the case of the education authorities for Orkney Islands, Shetland Islands and Western Isles, two persons, in the selection of whom the authority shall have regard (taking account of the representation of churches under paragraphs (a) and (b) above) to the comparative strength within their area of all the churches and denominational bodies having duly constituted charges or other regularly appointed places of worship there.

(5)Where two or more authorities appoint a joint committee whose purposes include discharging any of the functions of those authorities as education authorities on their behalf, section 57(3) of this Act shall apply to such a joint committee as if for the words “two-thirds” there were substituted the words “one-half”.

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