Coronavirus (Recovery and Reform) (Scotland) Act 2022

Chapter 2: School consultations

71. Chapter 2 of Part 2 of this Act amends the Schools (Consultation) (Scotland) Act 2010 (“the 2010 Act”), which makes provision about the consultation process that is to apply as respects various proposals made by education authorities for schools.

Section 18: School consultations: meetings and documents

72. This section inserts a new section 11ZA into the 2010 Act that provides that an education authority may make an application to the Scottish Ministers for a direction to do certain things in law, as listed in subsection (2):

• to disregard, that is to excuse their non-compliance in law with, the duties in section 4 and 9 of the 2010 Act to publish proposal papers and consultation reports on proposed changes to education provision in printed form;

• to treat the duties in those sections to make proposal papers and consultation reports available for public inspection as duties to make the documents available in a manner they consider appropriate instead;

• to meet the duty under section 7 of the 2010 Act to hold a public meeting on proposed changes to education provision by holding the meeting using remote facilities (including by telephone or by video conferencing software).

73. Subsection (3) sets out the precondition for the Scottish Ministers giving a direction of this nature: Ministers must be satisfied that doing so is a necessary and proportionate action for or in connection with the protection of public health. The term “protection of public health” has the meaning given by section 1(5) of the Public Health etc. Scotland Act 2008 – that is the protection of the community from infectious diseases, contamination or other such hazards which constitute a danger to human health, including through prevention, control and other public health responses.

74. Subsection (4) provides that a direction given under this section by the Scottish Ministers may vary or revoke an earlier direction.

75. Subsection (5) makes further provision about directions under this section, including that they may be varied or revoked, may relate to more than one proposal, and may be subject to conditions set out in the direction.

76. Subsection (6) requires Ministers to publish any direction given under this section.