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Schools (Consultation) (Scotland) Act 2010

Process for all schools

Section 10 – Content of the report

37.Section 10 specifies what things in particular must be contained in the authority’s consultation report. Subsections (2) and (3) prescribe the content for all consultation reports, whilst subsection (4) makes special provision for closure proposals.

38.The requirements specified in subsections (2) and (3) are: the number of, and a summary of the written representations received during the consultation period; a summary of the representations made during the course of the public meeting; a statement of the authority’s response to those written and oral representations and to HMIE’s report; a copy of HMIE’s report; a statement setting out how the authority has reviewed the proposal (as required in terms of section 9 of the Act); and details of any inaccuracy or omission alleged or found within the proposal paper (under the provisions of section 5), together with a statement of what consequential action was taken and why.

39.Section 10(4) provides that in the case of a closure proposal (one falling within paragraph 1 of schedule 1) the consultation report must also set out the opportunities that there will be for the making of representations to the Scottish Ministers (in terms of section 15(4)) within three weeks of the authority taking its decision on whether or not to implement the proposal. Those opportunities will not arise if the authority takes a decision not to implement the proposal.

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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.


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