Schools (Consultation) (Scotland) Act 2010

Meaning of expressions used in this schedule S

11 (1) In this Act, a reference to any school that is affected by a proposal is to— S

(a) every school which the proposal directly concerns, and

(b) any other school which would be significantly affected in consequence of the proposal (if implemented).

(2) So (for example) an affected school is—

(a) a school which it is proposed be discontinued,

(b) a school to which the education authority proposes to transfer some or all of the pupils of a discontinued school,

(c) a school in respect of which it is proposed to alter the catchment area (including where that is the result of the discontinuance of another school),

(d) a school from which it is proposed to transfer pupils as a result of the establishment of a new school.

(3) But a school is not an affected school solely because it would be likely to become the subject of placing requests as a consequence of the implementation of a proposal.

Commencement Information

I1 Sch. 1 para. 11 in force at 5.4.2010 by S.S.I. 2010/70, art. 2

12 S For the purposes of this schedule and schedule 2—

• “catchment area” has the meaning given in section 28A(3D) of the 1980 Act,

• “denominational school” is a school of a type referred to in section 21 of the 1980 Act,

• “English medium education” means teaching by means of the English language,

• “Gaelic medium education” means teaching [F1 and learning] by means of the Gaelic language (as spoken in Scotland),

• “nursery class”, “primary education”, secondary education” and “further education” are to be construed in accordance with section 135(1) and (2) of the 1980 Act,

• “primary school” and “secondary school” are schools where primary and secondary education respectively are provided (whether or not exclusively),

• “school commencement date” has the meaning given in section 32(1) of the 1980 Act,

• “special school” has the meaning given in section 29(1) of the Education (Additional Support for Learning) (Scotland) Act 2004 (asp 4) and “special class” is a class of the kind described there,

• “stage of education” means—

  (a)

  a yearly stage of—

  (i)

  primary education, or

  (ii)

  secondary education,

  (b)

  a nursery class in a school, or

  (c)

  a special class in a school which is not itself a special school.

Textual Amendments

F1 Words in sch. 1 para. 12 inserted (15.7.2016) by Education (Scotland) Act 2016 (asp 8), ss. 17(2), 33(2); S.S.I. 2016/192, reg. 2, sch.

Commencement Information

I2 Sch. 1 para. 12 in force at 5.4.2010 by S.S.I. 2010/70, art. 2