Section 20: SCHOOLS WITHOUT A SCHOOL BOARD AND DISESTABLISHMENT OF BOARDS This section exempts an education authority from the duty to establish a School Board for very small schools. It sets out the action to be taken when the first of subsequent elections do not produce sufficient parent members to form a Board. This section also makes provision for the exercise of the functions of a Board where a Board has not been established or has been disestablished. Section 20(1) permits an education authority to decide, with the consent of the Scottish Ministers, not to establish a Board where the authority is satisfied that the school is too small to provide the number of parent members specified in the regulations made under section 2. It may be apparent to the authority prior to elections that too few parent members will be available because of the size of a school's roll. Section 20(2) provides for the decision not to establish a Board to be rescinded at the written request of a number of parents. This number must be at least equal to the number of parent members specified for a Board for a school of that size. The decision having been rescinded, a Board is to be established for the school as soon as is practicable. If, for any reason, it is still not possible to elect the necessary parent members, section 20(6) applies. Section 20(3) As under the previous subsection, section 20(6) applies if the elections for parent members do not produce sufficient numbers. Section 20(5) was repealed by Schedule 1 of the Standards in Scotland's Schools etc Act 2000. Section 20(6) determines that, in the event of a regular election for parent Board members producing fewer members than are required to make up the numbers prescribed under section 2 of the 1988 Act, and co-option under section 2A(4) of the Act would not be sufficient to make up that number, the School Board shall not be established or, in the case of an existing Board shall be disestablished. Section 2A(4) provides that Boards can co-opt up to two people from amongst the parents of pupils at the school if fewer parents are elected at a regular election than is necessary to make up the number prescribed under section 2. This means that a Board would now not be established, or in the case of an existing Board be disestablished if it had three or more parental vacancies following a regular election of parents. The section also makes provision for cases where casual vacancies are not filled by election or co-option. It provides that when a casual vacancy arises and either no by-election is requested by parents (under the terms of section 28(1) of the Standards in Scotland's Schools etc. Act 2000), or parents request a by-election and no parent is elected, then the Board will be disestablished if the vacancies are not filled by co-option. Section 20(7) requires further elections to be held where by-elections and co-options under section 20(6) do not result in a Board being formed. These further elections are to be held as soon as is practicable if required in writing by a number of parents at least equal to the number of parent members specified for that Board. If no such request is made, elections must be held at the time required by section 2A(1) of this Act, which provides that elections for School Board members are to be held during the regular election period in every relevant year. The effect is to require elections at least every two years or so until a Board is established, unless the education authority has competently decided not to establish a Board under the provisions of section 20(1) and the Scottish Ministers have consented. Section 20(8) determines that when any Board, including an Interim Board, becomes disestablished, or if a Board is not established, the executive functions provided under section 14 are to be exercised by the education authority. These functions relate to the out-of-hours use of school premises and to occasional holidays. Similarly, any delegated function is to be exercised by the authority. (This provision is necessary in order to prevent the functions concerned falling into limbo and is cross-referenced in section 16(1)(b), where the exercise of delegated powers by an authority is prohibited in most cases.) Section 20(9) provides that, on re-establishment, a School Board will automatically take up all of the delegated functions it had prior to becoming disestablished. Where a Board no longer wishes to exercise such functions, delegation may be revoked by agreement under the terms of paragraph 14 of Schedule 3 . If the authority wishes to revoke delegation after re-establishment, the authority may do so by agreement under paragraph 14, or attempt to do so by appeal to the Scottish Ministers under paragraph 15 of Schedule 3. |