The Standards in Scotland’s Schools etc. Act 2000 (Commencement No. 2 and Transitional Provisions) Order 2000

Scottish Statutory Instruments

2000 No. 298 (C. 9)

EDUCATION

The Standards in Scotland’s Schools etc. Act 2000 (Commencement No. 2 and Transitional Provisions) Order 2000

Made

22nd August 2000

The Scottish Ministers, in exercise of the powers conferred upon them by section 61(2), (3) and (4) of the Standards in Scotland’s Schools etc. Act 2000(1), hereby make the following Order:

Citation

1.  This Order may be cited as the Standards in Scotland’s Schools etc. Act 2000 (Commencement No. 2 and Transitional Provisions) Order 2000.

Interpretation

2.  In this Order–

“the Act” means the Standards in Scotland’s Schools etc. Act 2000; and

“the 1988 Act” means the School Boards (Scotland) Act 1988(2).

Appointed day

3.  The appointed day for the coming into force of the provisions of the Act which are specified in column 1 of the Schedule to this Order and described by reference to the subject matter in column 2 of that Schedule shall be 23rd August 2000, but, where a particular purpose in relation to any such provision is specified in column 3 of that Schedule, that provision shall come into force on that day for that purpose only.

Transitional Provisions

4.  Where at the day appointed by article 3 of this Order a vacancy has arisen prior to that day for a parent member of a School Board but as at that day a by-election has not been held and the vacancy filled, the provisions of section 28 of the Act shall apply in relation to that vacancy.

PETER PEACOCK

Authorised to sign by the Scottish Ministers

Victoria Quay,

Edinburgh

22nd August 2000

Article 3

SCHEDULE PROVISIONS OF THE ACT WHICH COME INTO FORCE ON 23RD AUGUST 2000

Column 1	Column 2	Column 3
Provisions of the Act	Subject matter	Purpose
Section 9	Inspection of education authority
Section 10	Code of Practice as regards inspection of education authority
Section 28	Vacancies for parent members of School Board
Section 60(1)	Amendment of the 1988 Act	Only for the purpose of bringing into force the amendments to the 1988 Act in paragraph 4 of Schedule 2 to the Act.

Explanatory Note

(This note is note part of the Order)

Article 3 of this Order brings into force sections 9, 10, and 28 of the Standards in Scotland’s Schools etc. Act 2000 (“the Act”) on 23rd August 2000.

Section 9 of the Act empowers Scottish Ministers to request an inspection of a local authority in relation to their school education functions.

Section 10 of the Act allows Scottish Ministers to issue codes of practice as regards inspection of education authorities under section 9.

Section 28 of the Act amends the existing requirement to hold a by election to fill parental vacancies on a School Board which arise either following a regular election or during a member’s term of office.

Article 4 of the Order contains a transitional provision requiring any vacancy for a parent member of a School Board occurring prior to 23rd August 2000 to be governed by the provisions of section 28 of the Act, if a by-election has not been held and the vacancy filled.

The Order also commences some minor consequential amendments to the School Boards (Scotland) Act 1988.

Note as to Earlier Commencement Orders

(This note is not part of the Order)

Provisions	Date of Commencement	S.I. No.
Section 22	28 July 2000	2000/258

(1)

2000 asp 6

(2)

1988 c. 47.