Scottish Schools (Parental Involvement) Act 2006

Miscellaneous and general S

18 Abolition of School Boards S

(1) The School Boards (Scotland) Act 1988 (c. 47) is repealed.

(2) A School Board appointed under section 1 of that Act ceases to exist when that section is repealed; and any property belonging to the Board then passes to the education authority.

(3) An appointment under section 6(10) of that Act (appointment to be Clerk to a Board) terminates when section 1 of that Act is repealed.

(4) In paragraph 7 of Schedule A1 to the Education (Scotland) Act 1980 (persons who are not to be members of appeal committees for consideration of any reference involving a question whether a child is to be placed in a specific school or excluded from a school), for the words “School Board” substitute “ Parent Council or Combined Parent Council ”.

(5) In section 6(2)(a) of the Standards in Scotland's Schools etc. Act 2000 (persons to be consulted as regards preparation of school development plan), for the words “School Board” substitute “ Parent Council or Combined Parent Council ”.

Commencement Information

I1 S. 18 in force at 1.8.2007 by S.S.I. 2007/31, art. 2(b), sch. 2

19 Guidance S

(1) The Scottish Ministers must issue guidance–

(a) to education authorities, as respects the discharge by those authorities of their functions under sections 2 and 6, and

(b) to Parent Councils and Combined Parent Councils, as respects the discharge by those councils of their functions under section 8 (or as the case may be under that section as applied by section 16(12)).

(2) The Scottish Ministers may issue guidance to education authorities, Parent Councils and Combined Parent Councils as respects the discharge by those authorities and councils of their respective functions under any section not mentioned in subsection (1).

(3) Any such authority or council must have regard to any guidance issued to them or it under this section.

Commencement Information

I2 S. 19 in force at 12.9.2006 by S.S.I. 2006/454, art. 2(g)

20 Interpretation S

(1) Unless the context otherwise requires, expressions used in this Act and in the Education (Scotland) Act 1980 (c. 44) have the same meaning in this Act as is given to them by section 135 of that Act except that “pupil” includes a child who is under school age only if that child is in attendance at a primary school (whether or not in a nursery class in such a school).

(2) In this Act, “equal opportunities” and “equal opportunity requirements” have the same meanings as in Section L2 of Part II of Schedule 5 to the Scotland Act 1998 (c. 46).

Commencement Information

I3 S. 20 in force at 12.9.2006 by S.S.I. 2006/454, art. 2(h)

21 Transitional provisions etc. S

(1) The Scottish Ministers may by order make such incidental, supplemental, consequential, transitional, transitory or saving provision as they consider necessary or expedient for the purposes, or in consequence, of this Act.

(2) An order under subsection (1) may amend or repeal any enactment (other than any provision of this Act).

Commencement Information

I4 S. 21 in force at 12.9.2006 by S.S.I. 2006/454, art. 2(i)

22 Orders and regulations S

(1) Any power of the Scottish Ministers to make an order or regulations under this Act is exercisable by statutory instrument.

(2) Subject to subsection (3), a statutory instrument containing any such order or regulations, other than an order under section 24(2), is subject to annulment in pursuance of a resolution of the Parliament.

(3) A statutory instrument containing an order under–

(a) section 8(9), or

(b) subsection (1) of section 21 if the order is by virtue of subsection (2) of that section,

is not made unless a draft of the instrument has been laid before, and approved by resolution of, the Parliament.

(4) Without prejudice to section 24(2), an order or regulations under this Act may make different provision for different cases or classes of case and for different purposes.

Commencement Information

I5 S. 22 in force at 12.9.2006 by S.S.I. 2006/454, art. 2(j)

23 Repeals S

There are repealed, to the extent specified in the second column of the schedule to this Act, the enactments mentioned in that schedule.

Commencement Information

I6 S. 23 in force at 5.2.2007 for specified purposes by S.S.I. 2007/31, art. 2(a), sch. 1

I7 S. 23 in force at 1.8.2007 in so far as not already in force by S.S.I. 2007/31, art. 2(b), sch. 2

24 Short title and commencement S

(1) This Act may be cited as the Scottish Schools (Parental Involvement) Act 2006.

(2) This Act, except this section, comes into force on such day as the Scottish Ministers may by order appoint; but different days may be appointed for different provisions, for different areas, for different purposes or for different cases or classes of case.