Self-Governing Schools etc. (Scotland) Act 1989

Withdrawal of grant

33 Withdrawal of grant by Secretary of State

(1) The Secretary of State may cease to maintain a self-governing school by giving notice in writing under this subsection of his intention to do so to the board of management; and on the date specified in that notice as the date on which the Secretary of State intends to cease to maintain the school his duty to do so shall cease.

(2) Subject to the following provisions of this section—

(a) the date mentioned in subsection (1) above shall be at least seven years after the date on which the relevant notice under that subsection is given; and

(b) before giving such notice the Secretary of State shall consult—

(i) the board of management;

(ii) the education authority;

(iii) the parents of the pupils in attendance at the school; and

(iv) where the school is a denominational school, the church or other denominational body in whose interest the school is managed.

(3) Subsection (2) above shall not apply where the Secretary of State is satisfied that as currently constituted or managed the school is unsuitable to continue as a self-governing school on either or both of the following grounds—

(a) that the number of pupils in attendance is too small for efficient and suitable instruction to be provided for them at reasonable cost;

(b) that the board of management have been guilty of substantial or persistent failure to comply, or secure compliance, with any duty imposed on them by or under this Act or any other enactment.

(4) Where the Secretary of State is satisfied as is mentioned in subsection (3) above, he may give the board of management notice in writing under this subsection stating the grounds on which he considers that the school as currently constituted or managed is unsuitable to continue as a self-governing school together with full particulars of the matters relevant to each such ground.

(5) Where any of the matters of which particulars are given in a notice under subsection (4) above is stated in the notice to be in the opinion of the Secretary of State irremediable, the notice shall be accompanied by a notice under subsection (1) above in respect of the school.

(6) Where subsection (5) above does not apply in the case of any notice under subsection (4) above, the notice shall—

(a) state that the Secretary of State intends to cease to maintain the school unless the matters of which particulars are given in the notice are remedied;

(b) specify the measures necessary in the opinion of the Secretary of State to remedy those matters; and

(c) specify the time, not being less than six months after the date on which the notice is given, within which the board of management are required to take those measures.

(7) Where the board of management fail to take the measures required by a notice under subsection (4) above within the time specified in the notice or allowed by any previous notice under this subsection, the Secretary of State shall within the period of two months beginning with the day next following the end of that time either—

(a) give notice in writing under this subsection to the board extending the time within which those measures are required to be taken; or

(b) after consulting the education authority, give notice under subsection (1) above in respect of the school.

(8) The Secretary of State may by notice in writing under this subsection to the board—

(a) withdraw any notice under subsection (1) or (4) above;

(b) vary any notice under subsection (1) above by substituting a later date for the date for the time being specified in the notice as the date on which he intends to cease to maintain the school; or

(c) vary any notice under subsection (4) above to which subsection (6) above applies, so far as relates to the measures required by the notice to remedy the matters of which particulars are given in the notice.

(9) If by virtue of subsection (8)(c) above the Secretary of State varies any notice under subsection (4) above so as to require different measures to be taken he shall substitute for the time specified in that notice as the time within which the board are required to take the measures specified in the notice as varied a time ending—

(a) not less than six months after the date on which the notice of variation is given; and

(b) where the time so specified has been extended under subsection (7) above, not earlier than that time as so extended.

(10) Any variation under subsection (9) above of the time specified in a notice under subsection (4) above is without prejudice to any further extension of that time by notice under subsection (7)(a) above.