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Amendments of School Boards (Scotland) Act 1988 consequential upon ending of by-elections for parent members of School Boards
1 The School Boards (Scotland) Act 1988 shall be amended in accordance with the following paragraphs.
2 In section 2 (composition of School Board)--
(a) in subsection (1), the words from "; and the number prescribed" to the end are repealed; and
(b) in subsection (2), the words "(including co-opted parent members)" are repealed.
3 In section 2A (elections)--
(a) for subsection (4) substitute--
"(4) In the event of a lesser number of parent members being elected than is necessary to make up the number for the time being prescribed for the purposes of subsection (1)(a) of section 2 of this Act, then not more than 3 months after the election up to two persons from among the parents of pupils in attendance at the school may be co-opted by the Board; and a person so co-opted shall be a parent member of the Board and not a co-opted member within the meaning given in subsection (1)(c) of that section.";
(b) subsection (5) is repealed; and
(c) in subsection (8), the words "a parent member or" and "(5) or, as the case may be," are repealed.
4 In section 2B (co-option), for subsections (3) and (4) substitute--
"(3) Where a vacancy for a parent member of a Board occurs the Board may, in accordance with this Act, co-opt, within 3 months after the occurence, from among the parents of pupils in attendance at the school another person in his place; and a person so co-opted shall be a parent member of the Board and not a co-opted member within the meaning given in section 2(1)(c) of this Act.".
5 In section 3 (terms of office) after subsection (4) insert -
"(4A) The term of office of a parent member co-opted under section 2A(4) of this Act shall expire at the end of the second regular election period after the election which gave rise to the co-option."
6 In section 20 (schools without a Board and disestablishment of Board)--
(a) subsection (5) is repealed; and
(b) for subsection (6) substitute--
"(6) Where--
(a) so few parent members are elected that co-option under section 2A(4) of this Act would not be sufficient to make up the number for the time being prescribed for the purposes of section 2(1)(a) of this Act, the School Board shall not be established or, in the case of an existing Board, shall be disestablished; or
(b) a vacancy occurs for a parent member but the Board chooses not to, or is unable to or fails to, exercise its power under section 2B(3) of this Act so as to make up the number so prescribed, the Board shall be disestablished.".
7 In section 22(2) (interpretation), the definition of "co-opted parent member" is repealed.
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Schedule 1 |
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Amendments of School Boards (Scotland) Act 1988 consequential upon ending of by-elections for vacancies arising for parent members of School Boards |
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Paragraph 1 provides that this Schedule amends the School Boards (Scotland) Act 1988. |
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Paragraph 2 removes the references to co-opted parent members from section 2 of the 1988 Act. This section previously imposed a maximum 2 co-opted parent members on each Board. |
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Paragraph 3 amends section 2A of the 1988 Act to allow up to two parent members to be co-opted as members of the Board should the Board have an insufficient number of parent members elected at a regular election. The by-election procedure to fill a casual parental vacancy is also removed. |
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Paragraph 4 makes consequential amendments to section 2B of the 1988 Act dealing with co-option of Board members and removes reference to the by election process. |
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Paragraph 5 amends section 3 of the 1988 Act inserting a new section (4A) dealing with the term of office of parent members who are co-opted after a regular election. |
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Paragraph 6 amends section 20 of the 1988 Act to repeal subsection (5) which provided for a by-election should the regular election process produce insufficient numbers. It also provides that if the co-option allowed for under the new arrangements following a regular election do not result in sufficient members of the Board, the Board will not be established, or in the case of an existing Board, will be disestablished. Likewise if an existing Board does not co-opt to fill a casual parental vacancy, it will be disestablished. |
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Paragraph 7 repeals the definition of 'co-opted parent member'. |
Minor and consequential amendments and repeals
Sex Discrimination Act 1975 (c.65)
1 (1) The Sex Discrimination Act 1975 shall be amended in accordance with this paragraph.
(2) In section 25(6)(c)(i) (general duty in public sector of education), for the words ", 7 or 7A" substitute "or 7".
(3) In paragraph 6 of schedule 2 (transitional exemption orders for educational admissions), for the words ", 7 or 7A" substitute "or 7".
Education (Scotland) Act 1980 (c.44)
2 (1) The 1980 Act shall be amended in accordance with this paragraph.
(2) In section 1(5)(a)(i) (nursery schools and nursery classes included in definition of "school education" for purposes of Act), for "hereinafter" substitute "such schools and classes being".
(3) In section 9 (conscience clause) for the words ", every grant-aided school and every self-governing school" substitute "and every grant-aided school".
(4) In section 10 (safeguards for religious beliefs)--
(a) the words ", or at any self-governing school" are repealed;
(b) for paragraphs (a) and (b), substitute "of the school or other educational establishment, the education authority";
(c) for the words ", other educational establishment or self-governing school" substitute "or other educational establishment"; and
(d) the words "or, as the case may be, by the board of management" are repealed.
(5) In section 57 (medical and dental examination and inspection), for subsection (2) substitute--
"(2) For the purpose of securing the proper medical or dental inspection of the pupils and young persons for whom there is a duty under the said section 39 to provide such inspection, an education authority may require the parent of any pupil in attendance at any school under their management to submit the pupil for medical or dental inspection in accordance with arrangements made by the appropriate Health Board in agreement with the authority; and the authority may require any young person in attendance at any educational establishment under their management to submit for such medical or dental inspection.".
(6) In section 66(3) (inspection of educational establishments), after "person" insert "wilfully".
(7) In section 135(1) (interpretation), in the definition of "independent school", for the words ", a grant-aided school or a self-governing school" substitute "or a grant-aided school".
School Boards (Scotland) Act 1988 (c.47)
3 (1) The School Boards (Scotland) Act 1988 shall be amended in accordance with this paragraph.
(2) In section 2(5) (restriction on eligibility for election to School Board), after the words "School Board" insert "other than as a parent member".
(3) In section 2A(1) (regular elections), for the words "and (3)" substitute "to (3A)".
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Schedules 2 & 3 |
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These schedules contain minor and consequential amendments and further repeals. |
Further repeals
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Enactment |
Extent of Repeal |
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Sex Discrimination Act 1975 (c. 65) |
In section 22, in the Table, paragraph 7A. |
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In section 82(1), the definitions of "board of management" and "self-governing school". |
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Race Relations Act 1976 (c.74) |
In section 17, in the Table, paragraph 7A. |
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In section 19(6)(c)(i), the words "7A,". |
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In section 78(1), the definitions of "board of management" and "self-governing school". |
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National Health Service (Scotland) Act 1978 (c. 29) |
In section 39, in subsection (1), the words "or at any self-governing school"; and in each of subsections (3) and (4) the words "and of every board of management". |
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Education (Scotland) Act 1980 (c. 44) |
In section 2A, in subsection (1), the words "or self-governing"; and in subsection (2), the words "or a board of management". |
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In section 8, in subsection (1), the words "and boards of management of self-governing schools"; and in subsection (2), the words "or board of management". |
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Education (Scotland) Act 1980 (c. 44) (cont |
In section 19, in subsection (1), the words "or to the premises and equipment of self-governing schools"; in subsection (2), paragraph (b) and the words ", or as the case may be of the self-governing school,"; and in subsection (3), the words ", or of any self-governing school", "or school", "or as the case may be with the board of management" and "or board". |
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In section 28A(3)(a), the word "or" where it occurs immediately after sub-paragraph (iv). |
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In section 48A(5)(a)(i), the words ", or self-governing,". |
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In section 51, in subsection (1), the words "or (2AB)"; and subsections (2AB) and (2AC). |
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In section 53, subsection (3A). |
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In section 54, in subsection (1), the words ", or a self-governing school,"; and in subsection (3), the words "; or for any pupil who is a boarder at a self-governing school". |
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In section 55(b), the words "except in relation to a school which is a self-governing school,". |
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In section 57(3), the words "or board of management". |
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In section 58, in subsection (1), the words ", and the board of management of any self-governing school may by notice in writing issued with respect to that school," and "(or as the case may be at that school)"; in subsection (2), the words ", or in the case of a self-governing school, the board of management,"; in subsection (3), the words ", or in the case of a self-governing school the board of management" and ", or in the case of a self-governing school any officer appointed by the board of management,"; and in each of subsections (4) and (6), the words ", or as the case may be the board of management". |
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In section 123(1), the words "(where the child is in attendance at a school under the management of that authority) or by the board of management of a self-governing school (where the child is in attendance at that self-governing school)". |
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Education (Scotland) Act 1980 (c. 44) (cont) |
In section 125A, in paragraph (a), the words ", the board of management of a self-governing school"; in paragraph (b), the words ", board of management"; and the words ", board of management" where they last occur. |
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In section 135(1), the definition of "board of management"; in the definition of "grant-aided school", the words ", a self-governing school"; in the definition of "school", the words ", a self-governing school"; and the definition of "self-governing school". |
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Representation of the People Act 1983 (c. 2) |
In paragraph 6 of Schedule 5, sub-paragraph (aa). |
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Self-Governing Schools etc. (Scotland) Act 1989 (c. 39) |
Part I. |
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In section 69, subsection (2). |
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In section 70(1), paragraph (b). |
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In section 77(2), paragraph (a) and the word "or" immediately following that paragraph. |
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In section 80(1), the definitions of "appointed member", "articles of constitution" and "articles of management", "board of management", "capital grants", "denominational school", "eligible school", "grant regulations", "the incorporation date", "interest in land", "land", "land obligations", "parent" (and "parent member"), "premises", "pupil", "recovery regulations", "recurrent grant", "scheme of government", "self-governing school", "special purpose grants" and "staff member". |
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Schedules 1 to 5 and 7 to 9; and in Schedule 10, paragraph 3. |
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Children Act 1989 (c. 41) |
In paragraph 3 of Schedule 9, in sub-paragraph (1), head (g); and in sub-paragraph (3), the words ", "self-governing school"". |
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Environmental Protection Act 1990 (c. 43) |
In section 98(3), paragraph (h). |
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Tribunals and Inquiries Act 1992 (c. 53) |
In Part II of Schedule 1, in paragraph 50, sub-paragraph (c). |
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Value Added Tax Act 1994 (c. 23) |
In note (1)(a) to Group 6 in Schedule 9,sub-paragraph (vi). |
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Employment Rights Act 1996 (c. 18) |
In section 50(9), paragraph (e). |
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