Statutory Instrument 1990 No. 800 (S.97)

The Self-Governing Schools (Ballots and Publication of Proposals) (Scotland) Regulations 1990

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1990 No. 800 (S.97)

EDUCATION, SCOTLAND

The Self-Governing Schools (Ballots and Publication of Proposals) (Scotland) Regulations 1990

The Secretary of State, in exercise of the powers conferred on him by sections 16(2)(a), 17 and 78 of and paragraphs 1 and 4(b) of Schedule 3 to the Self-Governing Schools etc. (Scotland) Act 1989^[1], as read with section 80(1)^[2] of that Act, and of all other powers enabling him in that behalf, hereby makes the following Regulations:

Citation, commencement and interpretation
    1.—(1)  These Regulations may be cited as the Self-Governing Schools (Ballots and Publication of Proposals) (Scotland) Regulations 1990 and shall come into force on 1st May 1990.

    (2)  In these Regulations "the Act" means the Self-Governing Schools etc. (Scotland) Act 1989.

Prescribed body
    2.    The Electoral Reform Society whose principal office is at 6 Chancel Street, Blackfriars, London SE1 is hereby prescribed for the purposes of paragraph 1 of Schedule 3 to the Act.

Ballot expenses: prescribed maximum amount
    3.    For the purposes of section 17 of the Act (ballot expenses), the maximum amount hereby prescribed shall, in respect of a ballot at a school, be £125 together with an additional 25p for every pupil, in excess of 100 of such pupils, in attendance at the school at the date when the school board either pass a second resolution or receive a written request, within the meaning of section 13(1) of the Act, to hold such a ballot.

Prescribed information
    4.    The information to be provided to each person who is eligible to vote in a ballot held in accordance with section 14 of the Act shall, for the purposes of paragraph 4(b) of Schedule 3 to the Act, be the information stated in the Schedule hereto.

Publication of proposals
    5.—(1)  For the purposes of section 16(2)(a) of the Act, proposals for acquisition of self-governing status for a school shall be published by-
 (a) causing to be inserted in a local newspaper circulating in the area served by the school a notice, stating-
 (i) that proposals for the acquisition of self-governing status have been submitted to the Secretary of State and that the proposals may be inspected at the places specified, being the places where they are deposited under sub-paragraph (b) of this paragraph, during the period of 2 months beginning with the date of publication of the notice; and
 (ii) that representations may be made to the Secretary of State for Scotland, before the end of that period of 2 months; and
 (b) depositing copies of the proposals on the date of publication of the notice-
 (i) at the school; and
 (ii) if the appropriate library authority have consented, in any public library within the area served by the school,
and making them available there for reference on request during normal working hours on any working day during the period of 2 months beginning with the date of publication of the notice.

    (2)  The school board shall take all reasonable steps to obtain the consent referred to in paragraph (1)(b)(ii) of this regulation.

Ian Lang

Minister of State, Scottish Office
St. Andrew's House, Edinburgh

27th March 1990

[1] 1989 c. 39. back

[2] See the definition of "prescribed" in section 80(1). back

Explanatory Note