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School Boards guide to the legislation

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School Boards: guide to the legislation

Section 15.

SCHEDULE 3

Delegation Orders

Delegation on education authority's initiative

1. Where an education authority propose making a delegation order under section 15 of this Act, they shall provide a draft of the order to the School Board and seek the agreement of the Board to the terms of the proposed order, without which agreement the order may not be made.

Amendment

14. An education authority may, with the consent of the School Board concerned, amend a delegation order by making a further order (which may include revocation of the delegation of a function, or of the whole delegation order).

15. Where an education authority has been unable to obtain the consent of the School Board to an order under paragraph 14 above, the authority may send a draft of the order to the Secretary of State who shall consider the views of the education authority and of the School Board, and -

(a) may, if he is satisfied that continued delegation of any function would prejudice the good running of the school, consent to the revocation of the delegation of that function;

(b) may, as he thinks fit, consent to an amendment which does not in his view amount to the revocation of the delegation of a function; and

(c) in either case, may direct such alterations of the draft order as he thinks fit, and the authority, if they decide to proceed to make an order, shall do so in accordance with his directions.

Schedule 3: DELEGATION PROCEDURES

This Schedule sets out the procedures for the delegation of additional functions from education authorities to School Boards. The Schedule was amended by the Standards in Scotland's Schools etc. Act 2000 to remove the right of School Boards to request the delegation of functions and to refer the request to the Scottish Ministers should the authority refuse. It also provides the procedure for amending or revoking an existing delegation.

[ Paragraphs 2 to 13 were repealed by section 31 of the Standards in Scotland's Schools etc. Act 2000. There are no longer formal powers for the Board to challenge a refusal by the authority of the Board's request for delegation of functions.]

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Page updated: Tuesday, March 21, 2006