Education (Scotland) Act 1996

The Self-Governing Schools etc. (Scotland) Act 1989 (c. 39.)

4 After section 13(3) of the Self-Governing Schools etc. (Scotland) Act 1989 (eligibility for self-governing status) there shall be inserted the following subsections—

“(3A) Without prejudice to subsection (3) above, where an education authority makes a proposal to discontinue a school by virtue of section 22A of the 1980 Act, no resolution shall be passed or request made under subsection (1) above during the relevant period.

(3B) The relevant period is whichever is the shorter of the period from the date when the education authority decides to consult persons in accordance with section 22A of the 1980 Act to the date the decision to discontinue the school is reached or—

(a) where no consent is required under section 22B, 22C or 22D of the 1980 Act as regards the decision to discontinue the school, three months later;

(b) where consent of the Secretary of State is so required, six months later.”

5 In section 30(1) of that Act (change in characteristics of self-governing school)—

(a) after the word “than” in the second place where it occurs there shall be inserted the word “(a)”;

(b) after the word “needs” there shall be inserted the words “; or

(b) provision of a nursery class,”.