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(6) In this section, “relevant person”, in relation to the proprietor of an independent school, means—

(a) in the case of such a proprietor which is a body corporate, any person who—

(i) is a director, manager or secretary of the body corporate; or

(ii) purports to act in any such capacity;

(b) in the case of such a proprietor which is a Scottish partnership, any person who—

(i) is a partner; or

(ii) purports to act in that capacity; and

(c) in the case of such a proprietor which is an unincorporated association other than a Scottish partnership, any person who—

(i) is concerned in the management or control of the association; or

(ii) purports to act in the capacity of a person so concerned.

103B Date of registration or removal from register

(1) Where, under section 98A(3) of this Act, the Scottish Ministers grant an application for registration of an independent school, the registration of that school shall, unless the Scottish Ministers otherwise direct, have effect from the beginning of the day on which the proprietor is, under section 98C(1) of this Act, given notice of the grant of the application.

(2) Where, under section 103(2)(a), (4)(b)(i) or (5)(a)(i) of this Act, the sheriff principal makes an order directing the Registrar to register an independent school, the registration of that school shall, unless the sheriff principal otherwise directs, have effect from the beginning of the day on which such an order is made.

(3) Where, under section 98D(3) of this Act, the Registrar removes a registered school from the register, that removal shall have effect from the beginning of the day following the day on which notice under section 98D(4) of this Act is given.

(4) Where, under section 98D(1) or 100(2)(a) of this Act, the Scottish Ministers make an order directing the Registrar to remove an independent school from the register that removal shall, unless the Scottish Ministers otherwise direct, have effect from the beginning of the day following the day on which the order is made.”.

Part 3 General

8 Minor and consequential amendments and repeals

(1) Schedule 1 to this Act, which contains minor amendments and amendments consequential on the provisions of this Act, has effect.

(2) The enactments mentioned in schedule 2 to this Act are repealed to the extent mentioned in the second column of that schedule.

9 Short title and commencement

(1) This Act may be cited as the School Education (Ministerial Powers and Independent Schools) (Scotland) Act 2004.

(2) This Act (except this section) comes into force on such day as the Scottish Ministers may by order made by statutory instrument appoint; and different days may be so appointed for different provisions and for different purposes.

(3) An order under subsection (2) above may include such transitional provisions and savings as the Scottish Ministers think fit.

SCHEDULE 1 Minor and consequential amendments

(introduced by section 8(1))

Education (Scotland) Act 1980 (c. 44)

1 (1) The 1980 Act is amended as follows.

(2) In section 98(3)(a) (power to prescribe particulars, information as to which shall be furnished to the Registrar by the proprietors of independent schools), for the word “independent” substitute “registered”.

(3) In section 99(2) (service of copy notice of complaint on teacher)—

(a) for the words from “person”, where it first occurs, to “school”, where it second occurs, substitute “teacher in the school is—

(a) disqualified as mentioned in sub-paragraph (i) or (ii) of subsection (1A)(h) above;

(b) a prescribed person; or

(c) otherwise not a proper person to be a teacher in any school,”; and

(b) for the word “person”, where it third occurs, substitute “teacher”.

(4) In section 100(4) (disqualification from being proprietor of independent school to be disqualification from being teacher and vice versa), for the words “by an Independent Schools Tribunal or by the Secretary of State” substitute “under this Part of this Act”.

(5) In section 101 (enforcement of orders)—

(a) in subsection (2), for the words “any premises for purposes for which they are” substitute—

“(a) school premises which are or any part of such premises which is; or

(b) any accommodation provided at such premises which is,”; and

(b) in subsection (4), for the words from “disqualified”, where it first occurs, to “1944” substitute “subject to or deemed to be subject to a direction given under section 142 of the Education Act 2002 (c. 32) shall be deemed to be disqualified”.

(6) In section 102(2) (appeal against refusal to remove disqualification), for the words from “within” to the end substitute “before the expiry of the period of 28 days beginning with the day on which the applicant is given notice under subsection (1A)(a) above, appeal to the sheriff principal against that refusal.”.

(7) In section 133 (regulations)—

(a) in subsection (2), for the words “and (2B)” substitute “to (2C)”; and

(b) after subsection (2B) insert—

“(2C) Subsection (2) above shall not apply to any regulations under section 98A(6) of this Act defining “prescribed person”; and no such regulations shall be made unless—

(a) the Scottish Ministers have consulted such persons as they think fit on a draft of the statutory instrument containing the regulations; and

(b) such a draft has been laid before, and approved by resolution of, the Scottish Parliament.”.

(8) In section 135(1) (interpretation)—

(a) after the definition of “dental treatment” insert—

““disqualified from working with children” has the meaning given by section 98A(6) of this Act;”;

(b) after the definition of “enactment” insert—

““enforcement direction” means a direction under section 66D(1) of this Act;”;

(c) after the definition of “placing request” insert—

““preliminary notice” means a notice under section 66C(1) of this Act;”; and

(d) in the definition of “registered school”, for the words “the registration of which” substitute “which is registered”.

Standards in Scotland’s Schools etc. Act 2000 (asp 6)

2 In section 58(1) of the 2000 Act (interpretation)—

(a) after the definition of “annual statement of educational improvement objectives” insert—

““enforcement direction” means a direction under section 10C(1) of this Act;”; and

(b) after the definition of “national priorities in education” insert—

““preliminary notice” means a notice under section 10B(1) of this Act;”.