On this page:

School Boards guide to the legislation

« Previous | Contents | Next »

Listen

School Boards: guide to the legislation

Proceedings

6. (1) Every School Board shall elect a chairman and vice-chairman from among the members (other than the staff members) of the Board.

(2) In the case of an equality of votes at any meeting of the Board the chairman or in his absence the vice-chairman shall have a second or casting vote, except where the matter which is the subject of the vote relates to the appointment

(a) of a co-opted member, or

(b) to any particular office or committee, in which case the decision shall be by lot.

(3) A School Board may establish committees of the Board whose membership shall include at least one member of the Board, and the Board may regulate the meetings and proceedings (including the quorum) of such committees.

(4) A School Board may empower any of their members or the Clerk to execute documents on their behalf and any legal proceedings or other document to be served on a Board shall be deemed to have been duly served if served at the school on the Clerk or, if no Clerk has been appointed, on the chairman or vice-chairman.

(5) A School Board shall have power to regulate their proceedings, so far as is consistent with this Act.

(6) The quorum of a School Board shall be not less than one third of the total number of members prescribed under section 2 of this Act and proceedings of the Board shall not be invalidated by any vacancy in the membership or by any defect in the qualifications, election or co-option of any member.

(7) Minutes of the proceedings of a meeting of a School Board, or of any committee of a Board, shall be drawn up and shall be signed at the same or next following meeting by the person presiding thereat, and any minute purporting to be so signed shall be received in evidence without further proof.

(8) Where their education authority so require, a School Board shall send to the authority a copy of the minutes signed under subsection (7) above in relation to any meeting.

(9) The Scottish Ministers may by regulations -

(a) require School Boards and any committee established by them to make available to such persons or classes of person as may be prescribed such documents and information relating to their meetings and proceedings as may be prescribed; and

(b) prescribe the extent to which meetings of the Board and of any such committee are to be open to the public.

(10) A School Board shall appoint a person to be Clerk to the Board who may, unless he is a member of the Board, be paid for his services.

(11) A School Board may invite to attend any of their meetings and to speak any person whose presence they consider to be desirable for the purpose of giving advice to the Board regarding, or representing persons interested in, the matters under discussion.

Section 6: BOARD PROCEEDINGS

This section makes a number of specific provisions about a School Board's conduct of its proceedings; provides for the Board to regulate its own proceedings in detail; and empowers the Scottish Ministers to make regulations about public access to the Board's documents and meetings. The provisions regarding public access are contained in the School Boards (Scotland) Regulations 1989 ( see Part II).

Section 6(1) requires every Board to elect a chairman and vice-chairman from among the parent and co-opted members. All members, including staff members, are able to vote in this election. Since co-opted members are eligible to hold office, it follows that it is logical for new Boards to wait until they have co-opted members before electing their chairmen and vice-chairmen.

Section 6(3) empowers School Boards to establish committees to consider and report to the Board on matters referred to them by the Board. These committees do not have substantive decision-making powers and must include at least one Board member. A School Board is empowered to regulate the meetings and proceedings of its committees, including determination of the quorum. Committees allow Boards to receive advice and consult with a variety of groups and agencies who might have a particular interest in the school. Where a school is a community school, for example, the Board might establish a committee to consider community school use and invite representatives of the user groups to be committee members.

Section 6(5) provides that Boards will normally regulate their proceedings by drawing up and adopting "standing orders".

Section 6(6) The quorum of a Board of seven members is, for example, three. If there is a vacancy on that Board, the quorum remains at three.

Section 6(9) empowers the Scottish Ministers to make regulations determining the extent to which the public have access to Board papers and meetings ( see Part II). The regulations provide protection for documents and discussions relating to confidential issues, such as appointments, but otherwise provide for meetings and papers to be open to the public.

Section 6(11) empowers a Board to invite to its meetings anyone it wishes to receive advice from; a Board can also invite anyone who represents people interested in matters under discussion. The power to invite advice and representation from sources outside the immediate school and education authority structure, and to include non-Board members on committees of the Board (section 6(3)), gives Boards considerable freedom to develop their own structures. These powers may be particularly useful to Boards whose schools have wide community links or which provide specialised services, for example, to pupils with special needs.

« Previous | Contents | Next »

Page updated: Tuesday, March 21, 2006