Search Legislation

School Education (Ministerial Powers and Independent Schools) (Scotland) Act 2004

Status:

This is the original version (as it was originally enacted).

6Appeals

This section has no associated Explanatory Notes

(1)In section 102 of the 1980 Act (removal of disqualifications), after subsection (1) insert—

(1A)The Scottish Ministers shall, as soon as reasonably practicable after making a decision under subsection (1) above, give notice to—

(a)the applicant;

(b)the Registrar; and

(c)any other person or body the Scottish Ministers think fit,

of that decision..

(2)For section 103 of the 1980 Act substitute—

103Appeals under this Part

(1)An appeal—

(a)made under—

(i)section 98C(6) of this Act;

(ii)section 98C(7) against an order made under section 98B(2) or (3) of this Act;

(iii)section 98E(5) of this Act;

(iv)section 99(3) of this Act;

(v)section 100(3A) against an order made under section 100(2)(a) to (d) of this Act; or

(vi)section 102(2) of this Act against a refusal to remove a disqualification relating to school premises or accommodation provided at such premises,

shall be to the sheriff principal of the sheriffdom in which the school to which the appeal relates is situated; and

(b)made under—

(i)section 98C(7) against an order made under section 98B(4) of this Act;

(ii)section 98C(8) of this Act;

(iii)section 100(3A) against an order made under section 100(2)(e) of this Act disqualifying a proprietor;

(iv)section 100(3B) of this Act; or

(v)section 102(2) of this Act against a refusal to remove a disqualification relating to a proprietor or a teacher,

shall be to the sheriff principal of the sheriffdom in which the appellant resides or, if the appellant resides outwith Scotland, the sheriff principal of Lothian and Borders at Edinburgh.

(2)Where the sheriff principal allows an appeal under section 98C(6)(a) of this Act, the sheriff principal—

(a)shall make an order directing the Registrar to register the school; and

(b)may make an order imposing such conditions on the carrying on of the school as the sheriff principal thinks fit.

(3)On an appeal under section 98C(6)(b) or 98E(5) of this Act, the sheriff principal may, whether or not the sheriff principal allows or refuses the appeal, make an order—

(a)imposing any condition on the carrying on of the school; or

(b)varying or revoking any such condition imposed by virtue of this Part of this Act,

as the sheriff principal thinks fit.

(4)On an appeal under section 99(3) of this Act—

(a)where the sheriff principal allows the appeal, the sheriff principal shall make an order annulling the notice of complaint; and

(b)where the Scottish Ministers have, pending the determination of the appeal, made an order under section 100(2) of this Act, the sheriff principal may make an order—

(i)directing the Registrar to register the school;

(ii)imposing such conditions on the carrying on of the school as the sheriff principal thinks fit;

(iii)varying or revoking such conditions imposed by virtue of this Part of this Act as the sheriff principal thinks fit; or

(iv)removing any disqualification imposed under section 100(2)(b), (c) or (e) of this Act.

(5)Where, on an appeal under section 100(3A) of this Act—

(a)the sheriff principal allows the appeal, the sheriff principal may make an order—

(i)directing the Registrar to register the school;

(ii)imposing such conditions on the carrying on of the school as the sheriff principal thinks fit;

(iii)varying or revoking such conditions imposed by virtue of this Part of this Act as the sheriff principal thinks fit; or

(iv)removing any disqualification imposed under section 100(2)(b), (c) or (e) of this Act; or

(b)the sheriff principal refuses the appeal, the sheriff principal may make any order—

(i)imposing such conditions on the carrying on of the school as the sheriff principal thinks fit; or

(ii)varying or revoking such conditions imposed by virtue of this Part of this Act as the sheriff principal thinks fit.

(6)Where the sheriff principal allows an appeal under section 98C(7) or (8), 100(3B) or 102(2) of this Act, the sheriff principal shall make an order removing the disqualification.

(7)A person to whom an order made by the sheriff principal under subsections (2) to (6) above relates may, before the expiry of the period of 28 days beginning with the day on which the order is made, appeal on point of law only to the Court of Session..

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Show Explanatory Notes for Sections: Displays relevant parts of the explanatory notes interweaved within the legislation content.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources