This annex shows sections 1 and 66 of
the 1980 Act, sections 1 to 5 and 20 of the 1988 Act and the 1965 Act
as amended by the Act.
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Duty of education authorities to
secure provision of education
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1.-(1) Subject to subsections (1A) and (2A)
below, it shall be the duty of every education authority to secure
that there is made for their area adequate and efficient provision
of school education and further education(1).
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(1A) The duty imposed on education
authorities by subsection (1) above shall, in relation to
children who are under school age, be exercisable only as respects
children of such description or descriptions as may be prescribed
by order.
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(1B) Where an order is made under
subsection (1A) above, the amount of school education with
which children of a description prescribed in that order are to
be provided shall also be prescribed in the order.
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(1C) An education authority shall have power in relation to
pre-school children to secure for their area the provision of
such school education, other than that which they are required
by subsection (1) above to secure, as they think fit(2).
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(2) ..........(3)
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(2A) The duty imposed on an education
authority by subsection (1) above shall not include the provision
of further education within the meaning of Part I of the
Further and Higher Education (Scotland) Act 1992, but an education
authority shall have power to provide such further education for
their area.
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(3) Every education authority shall
for the purposes of their duty under subsection (1) above-
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(a) have power to secure for their
area, an
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(b) be under a duty to secure
for pupils in attendance at schools in their area
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The provision of adequate facilities
for social, cultural and recreative activities and for physical
education and training.
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(4) The facilities for further education
that may be provided by an education authority shall include facilities
for vocational and industrial training.
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(4A) The power to make an order
under this section shall be exercisable by statutory instrument
subject to annulment in pursuance of a resolution of the Scottish
Parliament.
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(4B) In this section "pre-school
children" means-
(a) children who are under school
age and have not commenced attendance at a primary school (other
than a nursery class in such a school); and
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(b) children who have attained school age but have not commenced
attendance at such a school(4).
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(5) In this Act-
(a) "school education" means progressive education
appropriate to the requirements of pupils ..........(5)
regard being had to the age, ability and aptitude of such pupils,
and includes-
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(i) activities in schools and
classes (hereinafter in this Act called "nursery schools"
and "nursery classes"), being activities of a kind
suitable in the ordinary case for pupils who are under school
age;
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(ii) provision for special educational
needs;
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(b) further education includes-
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(i) ..........
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(ii) voluntary part-time and full-time courses of instruction
for persons over school age
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(iii) social, cultural and recreative activities and physical
education and training, either as voluntary organised activities
designed to promote the educational development of persons
taking part therein or as part of a course of instruction
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(iv) the teaching of Gaelic
in Gaelic-speaking areas
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(c) "provision for special
educational needs", in relation to a child who has attained
school age or to a young person receiving school education,
means educational provision which is additional to, or otherwise
different from, the educational provision made generally for
children or, as the case may be, young persons of his age in
schools under the management of the education authority for
the area to which he belongs in accordance with section 23(3)
of this Act; and in relation to any other child means such educational
provision as is appropriate to those needs;
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(d) "special educational
needs", in relation to a child or young person, are needs
caused by a learning difficulty which he has which calls for
provision for special educational needs to be made for him,
and a child or young person has a learning difficulty for the
purposes of this paragraph if-
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(i) he has significantly greater
difficulty in learning than the majority of children or, as
the case may be, young persons of his age; or
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(ii) he suffers from a disability
which either prevents or hinders him from making use of educational
facilities of a kind generally provided for children or, as
the case may be, young persons of his age in schools under
the management of the education authority for the area to
which he belongs in accordance with section 23(3) of
this Act; or
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(iii) he is under the age of
five years and is, or would be if provision for special
educational needs were not made for him, likely to fall within
sub-paragraph (i) or (ii) above when over that age,
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but a child or young person is not
to be taken as having a learning difficulty solely because the
language in which he is or will be taught (the "teaching
language") is different from a language, or from a form of
the teaching language, which has at any time been spoken in his
home.
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Constitution of School Boards
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1.-(1) Every education authority
shall (subject to section 20 of this Act) establish in accordance
with this Act, a board, to be known as a "School Board",
for each school in their area.
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(2) A School Board shall, in respect
of the school for which they are established, exercise-
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(a) the functions assigned to
them by this Act; and
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(b) any functions delegated to
them under section 15 of this Act,
and they shall exercise those functions with a view to raising
standards of education in the school and shall support the endeavours
of those managing the school to secure improvement in the quality
of education which the school provides(12).
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(3) Where, before the commencement
of Schedule 4 to this Act, a School Board are established
for a school, any school council appointed under section 125(1)
of the 1973 Act to discharge functions under that section in
relation to that school shall cease to discharge them in respect
of that school.
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(4) A School Board are established
on the first occasion following the commencement of this section
(or following a period of disestablishment under section 20
of this Act) when elections for members of the Board have taken
place and the number of parent members prescribed under section 2
of this Act is duly elected.
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(5) A School Board shall cease
to exist when the school for which they are established is discontinued.
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Composition of Boards
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2.-(1) A School Board shall
consist of-
(a) persons (to be known as "parent
members") who are, and who shall be elected by, parents
of pupils in attendance at the school;
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(b) (except in the case of a school
which has no staff, as defined in subsection (13) below)
persons (to be known as "staff members") who are,
and who shall be elected by, members staff of the school; and
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(c) persons (to be known as "co-opted
members"), who shall be co-opted by the Board,
in such numbers as shall be prescribed(13).
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(2) Parent members shall form a majority of every School Board(14).
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(3) Regulations-
(a) shall specify the numbers
of parent, staff and co-opted members, and different provision
may be made for different schools and for different classes
of schools;
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(b) may specify the dates at which
the number of pupils in attendance at a school is to be determined
for the purposes of any regulations made under paragraph (a)
above;
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(c) shall specify, in relation
to schools in existence at the commencement of section 1
of this Act (except where a decision has been taken, in accordance
with section 20(1) of this Act, not to have a School Board),
the date by which an education authority shall hold the first
elections of parent and staff members to School Boards under
this section;
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(d) may provide for the making
of education authorities, within such time as may be prescribed,
of arrangements to adjust the composition of School Boards in
consequence of variation of regulations made under this section
or changes in the circumstances of a school, including-
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(i) provision enabling authorities
to hold elections or to direct co-options;
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(ii) provision enabling authorities
to direct the early termination of office of any member;
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(iii) provision enabling authorities
to determine the term of office of any person elected or co-opted
under such arrangements.
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(4) A person who is eligible for
election to a School Board as a staff member shall not be eligible
for election to that Board as a parent member.
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(5) A person who is eligible for election to a School Board shall
not be eligible to be a co-opted member of that Board(15).
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(6) A person may not be a member
of a School Board in more than one capacity (as parent, staff
or co-opted member) at any one time.
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(7) Where a school is a denominational
school-
(a) transferred to the education
authority under section 16(1) of the 1980 Act (transference
of denominational schools to education authorities); or
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(b) provided by the authority
under section 17(2) of the 1980 Act (which relates, among
other things, to the provision by the education authority of
denominational schools),
one of the co-opted members shall
be a person nominated by the church or denominational body in
whose interest the school is conducted.
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(8) to (12) ......................
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(13) In subsection (1)(b) above,
"staff" (in relation to a school) means teachers, and
instructors, whether full-time or part-time, employed by the authority
for the purposes of providing education at that school, whether
or not they are also so employed at other schools, but does not
include-
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(a) the headteacher; and
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(b) any teacher who is so employed
at more than one school if he is so employed at that school
for less than 40% of the normal hours of work of a full-time
teacher.
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Elections
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2A.-(1) Subject to subsections (2) to (3A)(16)
below, elections for members of School Boards shall be held during
the regular election period in every relevant year; and in this
Act, an election held under this subsection shall be referred
to as a "regular election".
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(2) In the case of a school (including
a combined school) which comes into existence after the commencement
of section 28 of the Education (Scotland) Act 1996, the first
election for members of the School Board shall be held as soon
as practicable after pupils first attend the school.
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(3) In the case of a school for
which no School Board is established at the commencement of the
said section 28-
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(a) where a School Board has been
disestablished or a first election has been held and no School
Board has been established, further elections for members of
the School Board shall be held in accordance with section 20(7)
of this Act; and
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(b) in any other case, the first
election for members of the School Board shall be held as soon
as practicable after pupils first attend the school.
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(3A) In the case of a school which, by virtue of section 17
of the Standards in Scotland's Schools etc. Act 2000,
ceases to be a school which is a self-governing school, the first
election for members of the Board shall be held as soon as practicable
after pupils first attend the school following that change in
status of the school(17).
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(4) In the event of a lesser
number of parent members being elected than is necessary to make
up the number for the time being prescribed for the purposes of
subsection (1)(a) of section 2 of this Act, then not
more than three months after the election of up to two persons
from among the parents of pupils in attendance at the school may
be co-opted by the Board; and a person so co-opted shall be a
parent member of the Board and not a co-opted member within the
meaning given in subsection (1)(c) of that section.
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(5) In a case where, under section 28(1) of the Standards
in Scotland's Schools etc. Act 2000, a by-election falls to be
held, it shall be held not more than three months after the
vacancy occurs(18).
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(6) In the event of-
(a) a lesser number of staff members
being elected on any occasion than is necessary to make up the
number for the time being prescribed under the said section 2
as the number of staff members for the Board; or
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(b) a vacancy for a staff member
of a Board arising,
a by-election shall be held as soon
as possible and, in any event, not more than 3 months after
the occasion or, as the case may be, vacancy arising.
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(7) Where no person is elected by
virtue of subsection (6) above, the education authority-
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(a) may at any time; and
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(b) if requested in writing by
a person entitled to stand and vote in an election for a staff
member, shall within three months of such request,
hold a by-election to fill the vacancy.
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(8) Where a person ceases, for whatever reason, to be a parent
member or a staff member not more than 6 months before the
expiry of his term of office, it shall not be necessary to hold
a by-election under section 25(1) of the Standards in
Scotland's Schools etc. Act 2000 or, as the case may be, subsection
(6) above(19).
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(9) Schedule 1 to this Act
shall have effect for the purpose of the holding of elections.
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(10) In this section-
"regular election period"
means not earlier than 1 September in any year and not later
than 30 November in that year, or such other period as may
be prescribed; and
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"relevant year" means
1997 and every second year thereafter.
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Co-option
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2B.-(1) A Board shall, as
soon as is practicable after their establishment, co-opt members
in accordance with section 2(1) of this Act.
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(2) Where a vacancy for a co-opted
member of a Board occurs, the Board shall, in accordance with
this Act, co-opt another person in his place.
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(3) Where a vacancy for a parent
member of a Board arises and-
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(a) no by-election falls to
be held, then the Board may, in accordance with this Act, co-opt,
within three months after it does so arise;
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(b) a by-election falls to
be held but on its being held no parent member is elected, the
Board may, in accordance with this Act, co-opt, within three
months after the by-election,
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from among the parent of pupils in attendance at the school
another person in his place; and a person so co-opted shall be
a parent member of the Board and not a co-opted member within
the meaning given in section 2(1)(c) of this Act(20).
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Terms of the office
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3.-(1) The terms of the office
of members of the School Boards shall be determined in accordance
with this section.
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(2) The term of office of every
member elected at a regular election shall begin on the day following
the end of the regular election period in the year of his election
and, subject to subsection (3) below, expire at the end of
the regular election period in the second relevant year thereafter.
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(3) Where a School Board are first
established, the term of office of one half of the parent
members (or, where an odd number of parent members is elected,
the largest number less than half) selected by agreement amongst
them or, by the drawing of lots, shall expire-
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(a) in the case of a Board established
during or not more than 12 months after the end of a regular
election period in a relevant year, at the end of the next such
regular election period; and
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(b) in the case of a Board established
not more than 9 months before a regular election period
in a relevant year, at the end of the second such regular election
period after their establishment,
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and the term of office of the remaining
members shall expire at the end of, respectively, the second and
third regular election periods in relevant years after the Board's
establishment.
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(4) The term of office of a co-opted
member shall expire four years after the date of his co-option.
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(4A) The term of office of a
parent member co-opted under section 2A(4) of this Act shall expire
at the end of the regular election period in the second relevant
year after the election which gave rise to the co-option.
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(4B) The term of office of a member co-opted under section 2B(3)
of this Act shall expire at the end of the regular election period
in the next relevant year after the co-option takes place(21).
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(5) The term of office of a member elected at a by-election ......
shall expire when the term of office of the member he is elected
..... to replace would have expired under this section(22).
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(6) A parent member of a Board who
ceases to be eligible to serve in the capacity in which he was
elected or, as the case may be, co-opted may continue to be a
member of the Board until the next regular election unless the
remaining part of his term of office is for a period of more than
two years.
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(7) A member of a Board may resign
office at any time by giving notice in writing to the Clerk to
the Board or to the education authority for the area.
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(8) A School Board may remove any
member of the Board who they are satisfied-
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(a) is unable or unfit to carry
out his duties; or
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(b) has failed without good cause,
to attend-
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(i) any meeting of the Board for
a continuous period of not less than 6 months; and
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(ii) 3 consecutive meetings
of the Board.
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Qualification and disqualification
of members
1973 c.65
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4.-(1) Persons who would
be disqualified for seeking election as, or for being-
(a) members of a local authority
by virtue of section 31(1)(b) or (c), (2) or (3) of the 1973
Act; or
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(b) members of the education authority
for the area within which the school is situated by virtue of
section 31(1)(d) of that Act,
shall be disqualified for seeking
election as, or for being a member of a School Board.
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(2) A young person may be co-opted
member of a School Board.
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(3) Subject to subsection (2)
above, persons subject to legal incapacity may not be nominated
for election to or be members of School Boards.
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(4) A retiring member of a School
Board shall not be disqualified (by reason of such retirement)
from further election or co-option.
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Advice to Boards
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5.-(1) An officer of an education
authority shall be entitled to attend and to speak to any meeting
of a School Board in the authority's area, but shall not be a
member of the Board.
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(2) A councillor for an electoral ward which falls wholly
or partly within the catchment area of a school shall be entitled
to attend, and to speak at, any meeting of a School Board for
the time being established for that school; but no councillor
shall be a member of a School Board for the time being established
for a school situated within the area of the council(23).
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(3) The headteacher of a school
shall-
(a) have the right and, if requested
by the School Board, the duty to give advice to the Board on
any matter within the Board's competence;
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(b) have the right to be present
and to speak at meetings of the School Board, but shall not
be a member of the Board.
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(4) An education authority shall
give advice to a School Board in their area when requested on
any matter within the Board's competence.
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(5) A School Board shall consider
any advice given to them under subsection (3)(a) or (4)
above.
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(6) Every education authority shall
take such steps as are appropriate to ensure that the headteacher
and staff of each school in their area are available when necessary
for the purposes of-
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(a) fulfilling the headteacher's
duties by or under this Act in respect of the School Board;
and
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(b) giving effect to any competent
decisions of the Board.
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(7) In subsection (2) above
"catchment area" means the area from which pupils resident
therein will be admitted to the school in terms of any priority
based on residence in accordance with the guidelines formulated
by the authority under section 28B(1)(c) of the 1980 Act.
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Schools without a Board
and disestablishment of Boards
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20.-(1) An education authority
may decide not to establish a School Board for a school for which
no School Board have been established or whose School Board are
for the time being disestablished if-
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(a) they are satisfied that by
reason of the small number of pupils in attendance at the school
there are insufficient parents of such pupils who are qualified
to serve as parent members to satisfy the requirements of this
Act; and
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(b) the Secretary of State(24)
consents to the decision.
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(2) A decision under subsection (1)
above shall be rescinded if a number of parents equal to the number
of parent members prescribed for the Board for that school request
it in writing, and a School Board shall be established for that
school as soon as is practicable.
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(3) The authority may review a decision
under subsection (1) above at any time, and shall do so if
there is in their view a significant increase in the number of
pupils in attendance at the school: and shall, if they consider
that there are sufficient parents qualified to serve as parent
members, establish a School Board for that school as soon as is
practicable.
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(4) Section 10, 12(3) and 17(4)
to (6) of this Act shall apply in relation to each parent
of pupils in attendance at a school which does not have a School
Board by reason of subsection (1) above as those provisions
would apply to a School Board established for that school.
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(5) ......
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(6) Where-
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(a) so few parent members are
elected that co-option under section 2A(4) of this Act
would not be sufficient to make up the number for the time being
prescribed for the purposes of section 2(1)(a) of this
Act, the School Board shall not be established or, in the case
of an existing Board, shall be disestablished; or
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(b) a vacancy occurs for a
parent member and the case is-
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(i) one where, under section 25(1)
of the Standards in Scotland's Schools etc. Act 2000,
a by-election falls to be held but on its being held no parent
member is elected; or
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(ii) not one where, as is
mentioned in sub-paragraph (i) above, a by-election falls
to be held,
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and, in either case, the Board choose not to, or are unable
to or fail to, exercise their power under section 2B(3) of
this Act so as to make up the number so prescribed, the Board
shall be disestablished(25).
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(7) Where by reason of subsection (6)
above a Board are not established or are disestablished, unless
it is decided in accordance with subsection (1) above not
to establish a Board for the school, further elections for members
of the Board shall be held-
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(a) at any time when a number
of parents equal to the number of parent members prescribed
for the Board request it in writing;
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(b) in any event, at the time
required by section 2A(1) of this Act.
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(8) Where no School Board or Interim
School Board are for the time being established for a school-
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(a) any functions delegated to
a Board for such a school which has become disestablished; and
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(b) the functions conferred on
School Boards by section 14 of this Act, shall
be exercised by the education authority for the area in which
the school is situated.
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(9) A School Board re-established
as a result of elections under subsection (7) above shall
have all the delegated functions which they had before they became
disestablished.
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