Schedule 4: MINOR AND CONSEQUENTIAL AMENDMENTS This Schedule makes consequential amendments to other Acts. The first paragraphs remove references to school councils from the Local Government (Scotland) Act 1973 and have the effect of removing the requirement on authorities to appoint school councils. Paragraph 6 amends the power of the Scottish Ministers (under section 70 of the Education (Scotland) Act 1980) to ensure discharge of statutory duties by education authorities, to include power to ensure discharge of the statutory duties of School Boards under the Act. The Local Government (Scotland) Act 1973 - section 125 was amended by the 1988 Act but has subsequently been repealed. The Education (Scotland) Act 1980 Paragraph 6 amends section 70(1) of the 1980 Act to read: "If the Secretary of State is satisfied, either on complaint by any person interested or otherwise, that an education authority, a School Board, the managers of a school or educational establishment, or other persons have failed to discharge any duty imposed on them by or for the purposes of this Act or of any other enactment relating to education, the Secretary of State may make an order declaring them to be in default in respect of that duty and requiring them before a date stated in the order to discharge that duty. If by the said date the education authority, a School Board, managers or other persons have not discharged the duty, one or other of the following steps may be taken to secure the discharge thereof - (a) the Secretary of State may make such arrangements as he thinks fit for the discharge of the duty, and all expenses incurred by the Secretary of State in so doing shall be recoverable as a debt due by the authority, managers or other persons to the Secretary of State; or (b) the Court of Session may, on the application of the Lord Advocate, order specific performance of the duty." Paragraph 7 amends paragraph 7(d) of Schedule Al to the 1980 Act to read: "A member of a School Board having functions in relation to such a school." |