Search Legislation

Schools (Consultation) (Scotland) Act 2010

 Help about what version

What Version

 Help about advanced features

Advanced Features

Changes over time for: Cross Heading: Special provision for rural schools

 Help about opening options

Exit from the EU:

There may be changes and effects to this Legislation not yet recorded or applied to the text

New legislation with 'EU Exit' in the title that references (and therefore may change) this legislation item:

Due to a high volume of changes being made to legislation for EU exit, we have not been able to research and record them all. More information is available about EU Legislation and UK Law. The following results are legislation items with 'EU Exit' in their title that directly reference and therefore may change this item of legislation. To understand whether or not the text of this legislation is up to date, please check those references in the following pieces of legislation.

There are currently no additional references that you need to check.

Changes to legislation:

There are currently no known outstanding effects for the Schools (Consultation) (Scotland) Act 2010, Cross Heading: Special provision for rural schools. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

Special provision for rural schoolsS

[F111APresumption against rural school closureS

(1)This section applies in relation to any closure proposal as respects a rural school.

(2)The education authority may not decide to implement the proposal (wholly or partly) unless the authority—

(a)has complied with sections 12, 12A and 13, and

(b)having so complied, is satisfied that such implementation of the proposal is the most appropriate response to the reasons for formulating the proposal identified by the authority under section 12A(2)(a).

(3)The authority must publish on its website notice of—

(a)its decision as to implementation of the proposal, and

(b)where it decides to implement the proposal (wholly or partly), the reasons why it is satisfied that such implementation is the most appropriate response to the reasons for formulating the proposal identified by the authority under section 12A(2)(a).]

12Factors for rural closure proposalsS

(1)Subsection (2) applies in relation to any closure proposal as respects a rural school.

(2)The education authority must have special regard to the factors mentioned in subsection (3).

(3)The factors are—

F2(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)the likely effect on the local community in consequence of the proposal (if implemented),

(c)the likely effect caused by any different travelling arrangements that may be required in consequence of the proposal (if implemented).

(4)For the purpose of subsection (3)(b[F3and sections 12A(2)(c)(ii) and 13(5)(b)(ii)]), the effect on the community is to be assessed by reference (in particular) to—

(a)the sustainability of the community,

(b)the availability of the school's premises and its other facilities for use by the community.

(5)For the purpose of subsection (3)(c)[F4and sections 12A(2)(c)(iii) and 13(5)(b)(iii)]

(a)the effect caused by such travelling arrangements includes (in particular)—

(i)that on the school's pupils and staff and any other users of the school's facilities,

(ii)any environmental impact,

(b)the travelling arrangements are those to and from the school of (and for) the school's pupils and staff and any other users of the school's facilities.

[F512APreliminary requirements in relation to rural school closureS

(1)This section applies where an education authority is formulating a closure proposal as respects a rural school.

(2)The authority must—

(a)identify its reasons for formulating the proposal,

(b)consider whether there are any reasonable alternatives to the proposal as a response to those reasons,

(c)assess, for the proposal and each of the alternatives to the proposal identified under paragraph (b) (if any)—

(i)the likely educational benefits in consequence of the implementation of the proposal, or as the case may be, alternative,

(ii)the likely effect on the local community (assessed in accordance with section 12(4)) in consequence of such implementation,

(iii)the likely effect that would be caused by any different travelling arrangements that may be required (assessed in accordance with section 12(5)) in consequence of such implementation.

(3)For the purposes of this section and section 13, reasonable alternatives to the proposal include (but are not limited to) steps which would not result in the school or a stage of education in the school (within the meaning of paragraph 12 of schedule 1) being discontinued.

(4)The authority may not publish a proposal paper in relation to the proposal unless, having complied with subsection (2), it considers that implementation of the closure proposal would be the most appropriate response to the reasons for the proposal.

(5)In this section and section 13, the references to the reasons for the proposal are references to the reasons identified by the education authority under subsection (2)(a).]

[F613Additional consultation requirementsS

(1)This section applies in relation to any closure proposal as respects a rural school.

(2)The proposal paper must additionally—

(a)explain the reasons for the proposal,

(b)describe what (if any) steps the authority took to address those reasons before formulating the proposal,

(c)if the authority did not take such steps, explain why it did not do so,

(d)set out any alternatives to the proposal identified by the authority under section 12A(2)(b),

(e)explain the authority's assessment under section 12A(2)(c),

(f)explain the reasons why the authority considers, in light of that assessment, that implementation of the closure proposal would be the most appropriate response to the reasons for the proposal.

(3)The notice to be given to relevant consultees under section 6(1) must—

(a)give a summary of the alternatives to the proposal set out in the proposal paper,

(b)state that written representations may be made on those alternatives (as well as on the proposal), and

(c)state that written representations on the proposal may suggest other alternatives to the proposal.

(4)In sections 8(4)(c), 9(4) and 10(2)(a), the references to written representations on the proposal include references to written representations on the alternatives to the proposal set out in the proposal paper.

(5)When carrying out its review of the proposal under section 9(1), the education authority is to carry out—

(a)for the proposal and each of the alternatives to it set out in the proposal paper (if any), a further assessment of the matters mentioned in section 12A(2)(c)(i) to (iii), and

(b)an assessment, in relation to any other reasonable alternative to the proposal suggested in written representations on the proposal, of—

(i)the likely educational benefits in consequence of the implementation of the alternative,

(ii)the likely effect on the local community (assessed in accordance with section 12(4)) in consequence of such implementation,

(iii)the likely effect that would be caused by any different travelling arrangements that may be required (assessed in accordance with section 12(5)) in consequence of such implementation.

(6)The consultation report must additionally explain—

(a)the education authority's assessment under subsection (5)(a),

(b)how that assessment differs (if at all) from the authority's assessment under section 12A(2)(c),

(c)the authority's assessment under subsection (5)(b),

(d)whether and, if so, the reasons why the authority considers that implementation of the proposal (wholly or partly) would be the most appropriate response to the reasons for the proposal.]

14Designation of rural schoolsS

(1)In this Act, a “rural school” is a school which is designated as such by its inclusion in the list of rural schools maintained by the Scottish Ministers for the purposes of this subsection.

(2)In determining the question of rurality when considering whether a school falls to be included in or excluded from the list of rural schools, the Scottish Ministers are to have regard (in particular) to—

(a)the population of the community (or settlement) in which the school is located,

(b)the geographical circumstances of that community (or settlement) including its relative remoteness or inaccessibility.

(3)The list of rural schools is to be accompanied by an explanation of how the Scottish Ministers devised the list—

(a)by reference to subsection (2), and

(b)if they consider it appropriate, by reference to any recognised criteria available from a reliable source.

(4)The Scottish Ministers are to—

(a)monitor the list of rural schools (and update it as regularly as they consider necessary),

(b)publish it (including as updated) in such way as they consider appropriate.

(5)An education authority must provide the Scottish Ministers with such information as they may reasonably require of it in connection with the list of rural schools.

Commencement Information

I2S. 14 in force at 5.4.2010 by S.S.I. 2010/70, art. 2

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

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

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

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

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