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Self-Governing Schools etc. (Scotland) Act 1989 (c. 39)

(The document as of February, 2008)

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Self-Governing Schools etc. (Scotland) Act 1989 (c. 39)

1989 CHAPTER 39

ARRANGEMENT OF SECTIONS

Content
  1. Part I

    Self-Governing Schools

    1. Duty to maintain self-governing schools

      1. 1. Duty of Secretary of State to maintain self-governing schools.

    2. Government

      1. 2. Scheme of government.

      2. 3. The board of management and the articles of constitution.

      3. 4. Members' tenure of office.

      4. 5. Qualification for and disqualification from membership of a board of management.

      5. 6. Proceedings of board of management.

      6. 7. Powers and duties of board of management.

      7. 8. Execution of documents.

      8. 9. Reports and parents' meetings.

    3. Parental rights etc.

      1. 10. Rights of parents in relation to individual pupils.

    4. Fees, charges, books etc.

      1. 11. Fees, charges, books etc.

    5. Management of denominational schools

      1. 12. Management of denominational schools.

    6. Procedure for acquisition of self-governing status etc.

      1. 13. Initiation of procedure for acquisition of self-governing status.

      2. 14. Ballot of parents on question of acquisition of self-governing status.

      3. 15. Fresh ballot.

      4. 16. Proposals for acquisition of self-governing status.

      5. 17. Ballot expenses.

      6. 18. Further provision as regards proposals under section 16.

      7. 19. Rejection or approval of proposals.

      8. 20. Transition to self-governing status.

    7. Proposals under sections 22A to 22D of 1980 Act where procedure foracquisition of self-governing status initiated

      1. 21. Effect of pending procedure for acquisition of self-governing status on proposals for alteration etc. of schools.

    8. Staff

      1. 22. Transfer of staff to self-governing schools.

      2. 23. Further provision as regards teachers in self-governing schools.

      3. 24. Effect of pending procedure for acquisition of self-governing status on appointment etc. of staff.

    9. Benefits and services for pupils

      1. 25. Provision of benefits and services for pupils by education authorities.

    10. Finance

      1. 33. Withdrawal of grant by Secretary of State.

    11. Miscellaneous

      1. 34. Administrative, professional, technical or other services.

      2. 35. Functions of school board: application of certain provisions of 1988 Act.

    12. Property

      1. 36. Transfer of land, moveable property and obligations to board of management.

      2. 37. Disposal of land by board of management.

      3. 38. Commissioners for school assets.

      4. 39. Certificates in respect of land, moveable property etc.

      5. 40. Transfer of property where no certificate issued.

      6. 41. Disposal of land or moveable property by education authority prior to incorporation date.

      7. 42. Reduction of disposals of property by education authority.

      8. 43. Prevention of disposals of property by education authority.

      9. 44. Repudiation of agreements made in contravention of section 43.

      10. 45. Reduction or setting aside of disposals made in contravention of section 43.

      11. 46. Commissioner for school assets' right of action for contravention of section 43.

      12. 47. Removal of property from school by education authority.

    13. Provision of information

      1. 48. Duty of education authority to provide information.

    14. Educational endowments

      1. 49. Educational endowments.

    15. Winding up

      1. 50. Winding up orders.

      2. 51. Disposal of property on winding up.

      3. 52. Transfer of school for establishment of new school.

      4. 53. Disposal of surplus money on winding up.

  2. Part II

    Further Education

    1. College Councils

      1. 54. Establishment of college councils.

      2. 55. Proceedings of college councils.

      3. 56. Functions of college councils.

      4. 57. Financing of college councils and financial information.

      5. 58. College council to be agent of education authority.

      6. 59. Power to enforce duties of college councils.

      7. 60. Allowances for council members.

    2. Supply of goods and services

      1. 61. Powers of education authorities to enter agreements and to make loans.

      2. 62. Supply of goods and services through colleges of further education.

      3. 63. Financial and accounting provisions.

    3. Discontinuance of college of further education

      1. 64. Discontinuance of college of further education.

    4. Formation of companies to manage colleges of further education

      1. 65. Power of college councils to form companies to manage colleges of further education.

      2. 66. Transfer of staff to companies formed by virtue of section 65.

    5. Pay and conditions of service

      1. 67. Abolition of committee to consider pay and conditions of teaching staff employed in providing further education.

  3. Part III

    Miscellaneous and General

    1. Miscellaneous

      1. 68. Technology academies.

      2. 69. Testing in primary schools.

      3. 70. Appraisal of teachers.

      4. 71. Placing of recorded and other children and young persons in schools outwith Scotland etc.

      5. 72. Further amendment of 1980 Act in respect of recorded children.

      6. 73. Educational services: extension of power of Secretary of State to make grants.

      7. 74. Appointment of teachers.

      8. 75. Dismissal of teachers.

      9. 76. Remuneration of certain persons employed in providing school education.

      10. 77. Extension of functions of Commission for Local Authority Accounts in Scotland.

    2. General

      1. 78. Orders and regulations.

      2. 79. Expenses.

      3. 80. Interpretation.

      4. 81. Commencement.

      5. 82. Minor and consequential amendments and repeals.

      6. 83. Citation and extent.

    1. Schedule 1

      The Scheme of Government.

      1. Part I

        Articles of Constitution.

      2. Part II

        Articles of Management.

    2. Schedule 2

      Rights of Parents in Relation to Individual Pupils.

    3. Schedule 3

      Arrangements in Respect of Ballot of Parents Regarding Acquisition of Self-Governing Status.

    4. Schedule 4

      Interim Board of Management.

    5. Schedule 5

      Transition of Eligible Schools to Self-Governing Status.

    6. Schedule 6

      Provision of Benefits and Services for Pupils at Self-Governing Schools etc.

    7. Schedule 7

      Arrangements in Respect of Ballot of Parents Regarding Change in Characteristics of Self-Governing School.

    8. Schedule 8

      Transfer and Apportionment of Assets.

    9. Schedule 9

      Commissioners for School Assets.

    10. Schedule 10

      Minor and Consequential Amendments.

    11. Schedule 11

      Repeals.

An Act to make provision as regards the acquisition of self-governing status by certain public schools in Scotland; to make further provision as regards education in Scotland; and for connected purposes.

[16th November 1989]

Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:--



Part I Self-Governing Schools

Duty to maintain self-governing schools

1 Duty of Secretary of State to maintain self-governing schools

(1) Subject to the provisions of this Part, it shall be the duty of the Secretary of State to maintain any school governed by a board of management incorporated under section 19(2) of this Act.

(2) For the purposes of subsection (1) above, the duty of the Secretary of State is a duty to make such payments in respect of the expenses of maintaining the school as are required by the following provisions of this Part.

(3) A school to which the Secretary of State's duty under this section for the time being applies shall be known as a self-governing school.

(4) On the incorporation date any duty of the education authority to maintain or manage the school, or to provide school education in the school, or to keep it efficient, shall cease.



Government

2 Scheme of government

(1) For every self-governing school there shall be an instrument (to be known as the scheme of government), one part of which (to be known as the articles of constitution) shall make provision for the constitution of the board of management of the school and the other part of which (to be known as the articles of management) shall make provision as regards the exercise of the board's functions in respect of the school.

(2) A scheme of government--

(a) shall be made; and

(b) may be varied,

by order of the Secretary of State; but any variation involving a change in the characteristics of the school shall only be made by virtue of subsection (10) of section 30 of this Act ("change in characteristics" being construed in accordance with subsection (13) of that section).

(3) Before making any order under subsection (2) above, other than by virtue of section 30(10) of this Act, the Secretary of State shall consult--

(a) the board of management or, before the incorporation date, the school board of the school in question; and

(b) where the school is a denominational school, the church or other denominational body in whose interest the school is managed.

(4) The first scheme of government required by subsection (1) above for a school--

(a) shall be made before the incorporation date to come into force on that date; and

(b) shall accord, in so far as is practicable, with the proposals, as approved under section 19(1)(b) of this Act, for acquisition of self-governing status for the school.

3 The board of management and the articles of constitution

(1) Without prejudice to section 19(3) of, and Schedule 4 to, this Act and subject to paragraphs 1 to 5 of Part I of Schedule 1 to this Act, the board of management of a self-governing school shall comprise--

(a) parent members (being persons elected to the board of management under this paragraph by parents of pupils in attendance at the school from such parents);

(b) staff members (being persons elected to the board of management under this paragraph by members of staff of the school from such staff);

(c) appointed members (being persons appointed under this paragraph to and by the board of management); and

(d) the person who is for the time being the head teacher of the school.

(2) Part I of Schedule 1 to this Act, which makes further provision as regards the articles of constitution, shall have effect.

(3) Subject to subsections (4) and (5) below it shall be the duty of the board of management to ensure that any vacancy in the membership of the board is duly filled as soon as is reasonably practicable and in any event within three months of the vacancy's arising.

(4) Where a person ceases, for whatever reason, to be a parent member or staff member within six months before the date of expiry of his term of office, the duty under subsection (3) above does not require the vacancy to be filled before that date.

(5) The duty, under subsection (3) above, of an interim board of management shall be construed as a duty to ensure that the election of the parent and staff members who are to succeed them on the board of management takes place as soon as is reasonably practicable and in any event within three months after the incorporation date.

4 Members' tenure of office

(1) Subject to subsections (2) and (3) below, a member of a board of management shall hold office for a term of four years.

(2) Where the parent members first elected to a board of management constitute--

(a) an even number, half;

(b) an odd number, the next whole number less than half,

shall hold office for a term of two years only, the individuals whose term of office is affected by this subsection being determined (in the absence of the agreement of all such members as to who those individuals shall be) by the drawing of lots.

(3) A person elected under section 3(1) of this Act to fill a vacancy which has occurred on the death, resignation or removal of a member shall serve only for the remainder of the term of office of the person whose place is filled.

5 Qualification for and disqualification from membership of a board of management

(1) A person subject to legal incapacity shall be disqualified from election to, or membership of, a board of management.

(2) A person disqualified--

(a) under paragraph (b) or (c) of section 31(1) of the [1973 c. 65.] 1973 Act for being elected, or for being, a member of a local authority shall be disqualified from election to, or membership of, a board of management;

(b) under paragraph (d) of that section for holding the office of councillor of a local authority shall be disqualified from election to, or membership of, a board of management of any school situated within the area of that authority.

6 Proceedings of board of management

(1) The proceedings of the board of management of a self-governing school shall not be invalidated by--

(a) any vacancy among their number; or

(b) any defect in the election or appointment of any member.

(2) Subject to the provisions of this Part and any instrument made under this Part, boards of management may regulate their own procedure.

7 Powers and duties of board of management

(1) The board of management of a self-governing school shall manage the school, shall provide suitable and efficient school education at the school and shall, subject to subsection (2) below, to any regulations under subsection (7) below, to sections 11(1) and 12 of this Act and to any provision made by the articles of management of the school, have power to do anything which appears to them to be necessary or expedient for their exercise of those functions in respect of the school, including in particular power--

(a) to assume the management as from the incorporation date of the school, and for that purpose to receive any land, moveable property, liabilities and obligations transferred to them under section 36 or 49 of this Act;

(b) subject to subsection (2) below and to section 37 of this Act, to acquire and dispose of land and other property;

(c) to enter into contracts, including in particular contracts for the employment of teachers and other staff;

(d) to invest any sums not immediately required for the purposes of meeting the expenses of managing the school or any liability or obligation transferred to the board of management under section 36 or 49 of this Act; and

(e) to raise funds by any means other than borrowing, to accept gifts of money, land or other property and to apply, or hold and administer on trust, such funds and gifts for any purpose connected with such exercise by them.

(2) Subsection (1) above does not confer power to borrow money; and the power under paragraph (b) of that subsection to dispose of land--

(a) does not include any power to grant any security in respect of land; and

(b) may only be exercised with the written consent of the Secretary of State, the consent not being given without his having consulted the education authority as regards the proposed disposal.

(3) Without prejudice to subsection (1) above, but subject to any provision made by the scheme of government of the school, the board of management of a self-governing school shall also have power to provide education other than school education at the school.

(4) The board of management of a self-governing school shall promote contact between the school, parents of pupils at the school and the community and shall in particular--

(a) encourage the formation of a parent-teacher association or parents' association at the school; and

(b) subject to their duty under subsection (1) above to provide suitable and efficient school education, promote the use of the school premises and facilities by the community.

(5) The board of management of a self-governing school shall, as part of the provision by them of school education, provide adequate facilities for pupils in attendance at the school for social, cultural and recreative activities and for physical education and training; and they may additionally provide such facilities (whether or not for those pupils) other than as part of the provision of school education.

(6) The board of management of a self-governing school shall, in the exercise of their functions, have regard to a need to make improvements in the provision which the school makes for pupils with special educational needs.

(7) Standards and general requirements may be prescribed to which every board of management shall conform in discharging their functions under this Act.

(8) Section 70 of the 1980 Act (enforcement of duties) applies as regards a board of management in respect of any duty imposed on them for the purposes of this Act (or of any other enactment relating to education).

(9) Part II of Schedule 1 to this Act, which makes provision as regards articles of management, shall have effect.

8 Execution of documents

(1) A document is validly executed by a board of management if it is subscribed on their behalf by one of their members or by any other person duly authorised to do so.

(2) A document is to be presumed, unless the contrary is shown, to have been so executed if it bears to be so subscribed and to have been sealed with the board's common seal (whether attested by witnesses or not).

9 Reports and parents' meetings

(1) The board of management of a self-governing school shall make such reports and returns and give such information to the Secretary of State as he may from time to time require as respects the school.

(2) Subsection (2) of section 12 of the 1988 Act (reports to parents) and section 13 of that Act (parents' meetings) shall apply in relation to the board of management of a self-governing school as they apply in relation to the school board of a public school; but for the purposes of this subsection the reference in paragraph (a)(i) of the said subsection (2) to the establishment of the school board shall be construed as a reference to the incorporation date in relation to the self-governing school.



Parental rights etc.

10 Rights of parents in relation to individual pupils

Schedule 2 to this Act, which as regards self-governing schools makes provision analogous to that made by sections 28 to 28H of the 1980 Act as regards public schools, shall have effect.



Fees, charges, books, etc.

11 Fees, charges, books etc

(1) No fees shall be payable in respect of school education provided at a self-governing school.

(2) The board of management of a self-governing school may make charges in respect of some or all of--

(a) such education and facilities as are provided by them other than as part of; and

(b) the use of school premises or equipment other than in the course of,

the provision of school education.

(3) The board of management of a self-governing school--

(a) shall provide free of charge, to all pupils in attendance at the school, books, writing materials, stationery, mathematical instruments, practice material and other articles which are necessary to enable the pupils to take full advantage of the education provided at the school; and

(b) may provide, whether free of charge or otherwise, to pupils in attendance at the school articles of clothing suitable for physical exercise or for other activities of the school for which special clothing is desirable.



Management of denominational schools

12 Management of denominational schools

Subsections (2A) to (4) and (6) of section 21 of the 1980 Act (management of and regulation of curriculum and appointment of teachers in denominational schools) shall have effect in relation to a self-governing school which is a denominational school as those provisions apply to any school transferred to an education authority under section 16(1) of that Act but with the following modifications--

(a) references to the education authority shall be construed as references to the board of management; and

(b) references to "any such school", "each such school", "every such school" and "such school" shall be construed as references to "the school".



Procedure for acquisition of self-governing status etc.

13 Initiation of procedure for acquisition of self-governing status

(1) Subject to subsection (2) of section 14 of this Act, in the case of a school which is eligible for self-governing status (in this Act referred to as an "eligible school"), being a school for which a school board is for the time being established, a ballot of parents on the question of whether that status should be sought for the school shall be held in accordance with that section if the school board--

(a) decide, by a resolution passed at a meeting of the board (a "first resolution") to hold such a ballot and confirm that decision by a resolution (a "second resolution") passed at a meeting of the board held not less than twenty-eight days, nor more than forty-two days, after that at which the first resolution was passed; or

(b) receive a written request, which meets the requirements of subsection (4) below,

to hold such a ballot.

(2) Subject to subsection (3) below, a school is eligible for self-governing status if it is a public school other than a nursery school.

(3) Notwithstanding subsection (2) above, a school is not eligible for self-governing status if (and shall cease to be so eligible when)--

(a) the education authority have, in accordance with section 22A of the 1980 Act, reached (or as the case may be so reach) a decision to discontinue or amalgamate the school, no consent being required under section 22B, 22C or 22D of that Act as regards the decision; or

(b) the Secretary of State has duly consented (or as the case may be duly consents) under the said section 22B, 22C or 22D of the 1980 Act to a proposal to discontinue or amalgamate the school.

(4) The requirements mentioned in subsection (1)(b) above are--

(a) in a case other than that provided for in paragraph (b) below, that the request must be signed by at least thirty parents of pupils in attendance at the school and that the number of such parents so signing must be equal to at least ten per cent. of the number of persons whose names, at the date of election of parent members of the school board last preceding the receipt of the request, appeared on the list established and maintained, in respect of the school, by the education authority under paragraph 6 of Schedule 1 to the 1988 Act; and

(b) in a case where the names of fewer than sixty persons so appeared, that the request must be signed by such number of parents of pupils in attendance at the school as would constitute a majority of those parents were their total number equal to the number of persons whose names so appeared.

(5) Any question as to whether, at the date of signing the request, a person is the parent of a pupil in attendance at the school shall be determined by the school board.

(6) On a first resolution, and again on a second resolution, being passed by the school board or on a request such as is mentioned in subsection (1)(b) above being received by them, they shall forthwith by written notice inform the Secretary of State and the education authority accordingly; and any such notice shall specify the date of the resolution or, as the case may be, the date of receipt of the request and, except where the notice is of a first resolution, whether the case is one such as is mentioned in section 14(2) of this Act.

(7) Where the school in respect of which notice is given under subsection (6) above is a denominational school, the notice provided for shall be given also to the church or other denominational body in whose interest the school is managed.

14 Ballot of parents on question of acquisition of self-governing status

(1) Subject to subsection (2) below, any ballot--

(a) provided for by subsection (1) of section 13 of this Act shall be held within the period of three months immediately following, as the case may be--

(i) the date of the relevant resolution; or

(ii) the date of receipt of the relevant request;

(b) required by a notice under section 15(1) of this Act shall be held before such date as may be specified in the notice.

(2) In a case where, as regards the school in question, a ballot has been held in accordance with this section within the period of two years ending with the date immediately preceding the date of the relevant resolution, or as the case may be the date of receipt of the relevant request--

(a) subsection (1)(a) above and subsection (1) of the said section 13 shall not require a ballot to be held; and

(b) any notice under subsection (6) of that section shall, for the purposes of any provision of this Act other than this section or that section, be disregarded,

unless the Secretary of State gives consent in writing for a new ballot to be held (receipt and the date of receipt by the education authority of intimation of such consent being taken for the said purposes as and in place of receipt and the date of receipt of notice under the said subsection (6) either of a first resolution or of a request).

(3) In subsections (1)(a) and (2) above--

  • "the relevant resolution" means the second resolution mentioned in subsection (1)(a) of section 13 of this Act; and

  • "the relevant request" means the request mentioned in subsection (1)(b) of that section.

(4) Schedule 3 to this Act shall have effect as regards the arrangements to be made for holding the ballot.

(5) The result of the ballot shall forthwith be intimated to the Secretary of State, to the education authority, and where the school is a denominational school to the church or other denominational body in whose interest the school is managed, by the school board.

(6) Where a ballot is held in respect of a school in accordance with this section--

(a) the Secretary of State shall pay, or reimburse the school board in respect of, such expenses in respect of the ballot as appear to him to have been reasonably incurred by that board (not being expenses mentioned in paragraph (b) below); and

(b) the education authority shall pay, or reimburse the school board in respect of, such expenses incurred in connection with, or in contemplation of, legal proceedings (whether or not instituted) arising out of--

(i) the holding of the ballot; or

(ii) the publication under section 16(2) of this Act, following the determination of the result of the ballot, of proposals for acquisition of self-governing status for the school,

as appear to the Secretary of State to have been reasonably incurred by that board.

(7) The making of any payments under subsection (6) above shall be subject to such conditions as the Secretary of State thinks fit.

15 Fresh ballot

(1) If it appears to the Secretary of State--

(a) that any requirements of Schedule 3 or 7 to this Act have been contravened in the case of any ballot purportedly held in accordance with section 14, or as the case may be 30, of this Act;

(b) that the arrangements for any ballot so held did not accord with any guidance published by him for the purposes of the Schedule in question; or

(c) that the school board, or as the case may be the board of management, of any school have acted unreasonably in the discharge of their duties under the Schedule in question,

he may, by notice in writing to the board, to the education authority and, where the school is a denominational school, to the church or other denominational body in whose interest the school is managed, declare the ballot void and require that a fresh ballot be held by the board, in accordance with the said section 14, or as the case may be 30.

(2) Where in a ballot held in accordance with section 14 or 30 of this Act (other than a ballot held by virtue of this subsection) the total number of votes cast by persons eligible to vote in the ballot is less than fifty per cent. of the persons so eligible, the board shall, in accordance with the said section 14 or as the case may be 30, and before the end of the period of fourteen days beginning with the day immediately following that on which the result is determined, hold a fresh ballot.

16 Proposals for acquisition of self-governing status

(1) This section applies where, in the case of any eligible school, the result of a ballot held in accordance with section 14 of this Act shows a majority of votes cast in the ballot in favour of seeking such status (no declaration having been made under subsection (1) of section 15 of this Act as regards the ballot and no fresh ballot being required by virtue of subsection (2) of that section).

(2) It shall be the duty of the school board, before the end of the period of one month beginning with the date on which the result of the ballot is determined or of such longer period as the Secretary of State may permit--

(a) to publish, in such manner as may be prescribed, proposals for acquisition of self-governing status for the school; and

(b) to submit to the Secretary of State, to the education authority and, where the school is a denominational school, to the church or other denominational body in whose interest the school is managed a copy of the published proposals.

(3) The proposals shall--

(a) give the name under which it is proposed that the board of management should be incorporated under section 19(2) of this Act;

(b) having regard to paragraphs 2 to 4 of Part I of Schedule 1 to this Act, specify the respective numbers of parent members, staff members and appointed members who it is proposed should (with the person for the time being head teacher) constitute the board of management which succeeds the interim board of management;

(c) describe the arrangements which, subject to the declaration under subsection (6)(a) below, it is proposed to adopt, if the school becomes self-governing, with respect to--

(i) the admission of pupils to the school;

(ii) any special emphasis which will characterise the provision of education at the school; and

(iii) such other aspects of the management of the school as the school board think fit;

(d) specify the proposed date of their implementation; and

(e) give such other information as may be prescribed.

(4) Subject to subsection (5) below, the published proposals shall be accompanied by a description of the school as at the date of publication--

(a) stating--

(i) whether the school is an institution for the provision of primary or secondary education or both;

(ii) whether it provides a nursery class; and

(iii) the number of yearly stages of school education it provides;

(b) stating what range of provisions the school has for pupils with special educational needs;

(c) specifying any arrangements whereby pupils are admitted to the school by reference to ability and aptitude;

(d) stating whether or not it is a single sex school within the meaning of section 26 of the [1975 c. 65.] Sex Discrimination Act 1975; and

(e) stating whether or not it is a denominational school.

(5) Without prejudice to section 13(3) of this Act, where--

(a) a decision has been duly reached by an education authority on a proposal published under section 22A of the 1980 Act, no consent being required under section 22B, 22C or 22D of that Act as regards the proposal; or

(b) a proposal submitted under the said section 22B, 22C or 22D has been duly consented to by the Secretary of State,

but, as at the date of publication under subsection (2)(a) above of proposals in relation to a school, that proposal has not been implemented, it shall nonetheless, in so far as it affects a matter to be stated or specified in respect of the school under any of paragraphs (a) to (e) of subsection (4) above, be taken to have been implemented before that date.

(6) The description required by subsection (4) above shall also declare--

(a) that the matters stated and specified under paragraphs (a) to (e) of that subsection shall, subject to any change made in accordance with section 30 of this Act, continue to be characteristics of the school if it becomes self-governing;

(b) that subject to the provisions of this Act the persons who are members of the school board shall be constituted as an interim board of management on the school's becoming self-governing but that the interim board shall be succeeded, within three months after the incorporation date, by a board of management the parent members and staff members of which will be elected and on which the parent members will constitute an overall majority.

(7) Where by virtue of subsection (5) above any matter stated or specified under the said paragraphs (a) to (e) has been stated or specified differently than it otherwise would have been, the description required by subsection (4) above shall include an explanation that a proposal has been taken to have been implemented, and a summary of that proposal and of its effect on the description.

17 Ballot expenses

Subject to subsection (2) of section 14 of this Act, an education authority who have received from a school board written notice under subsection (6) of section 13 of this Act, either of a first resolution or of a request, shall neither pay any sum nor incur any expense, for the purpose of influencing the outcome of the ballot provided for by subsection (1) of the said section 13 (or the outcome of any fresh ballot held, in accordance with the said section 14, by virtue of section 15 of this Act), in excess of such maximum amount as may be prescribed; and the school board may, for the purposes of the ballot, require the Secretary of State to make payment to them under this section of sums whose total does not exceed that amount in respect of such expenses as they may incur in promoting the acquisition of self-governing status by the school.

18 Further provision as regards proposals under section 16

(1) Proposals published under section 16 of this Act may only be withdrawn if the Secretary of State consents; and such withdrawal shall be subject to such conditions as he may impose.

(2) Conditions imposed under subsection (1) above may in particular require further proposals to be published under the said section 16 within such period as the Secretary of State may specify in the conditions.

(3) Before the end of the period of two months beginning with the date of publication of the proposals (or as the case may be further proposals) under the said section 16 any person may submit representations to the Secretary of State as regards the proposals.

(4) The Secretary of State shall pay, or reimburse the school board in respect of, such expenses in respect of publication under the said section 16 as appear to him to have been reasonably incurred by that board.

19 Rejection or approval of proposals

(1) As regards any proposals published under section 16 of this Act, the Secretary of State may, after the expiry of the period mentioned in section 18(3) of this Act, after considering any relevant representations made under that subsection and after taking into account such other matters as he considers appropriate including, without prejudice to the generality of the foregoing, the percentage that the total votes cast in the ballot which occasioned publication of the proposals constituted of the total number of persons eligible to vote in the ballot and the percentage that the votes so cast which were in favour of seeking self-governing status for the school constituted of those total votes--

(a) reject the proposals, having first consulted the school board as regards the possible such rejection; or

(b) approve them without modification or, after consultation with the school board and the education authority, with such modifications as he thinks desirable;

but he shall in any event reject the proposals if by the time of expiry of the said period the school board have become disestablished.

(2) If proposals published in respect of any school under section 16 of this Act are approved by the Secretary of State, a board of management (initially an interim board of management) shall, on the proposed date of implementation of the proposals, or on such later date as the Secretary of State may, by notice in writing to the school board and to the education authority at any time before the proposed date, substitute for that date as the date of implementation (the date of implementation as proposed, or as the case may be as substituted, being in this Act referred to as the "incorporation date")--

(a) be constituted; and

(b) become a body corporate under the proposed corporate name.

(3) Schedule 4 to this Act shall have effect as regards the constitution of interim boards of management and related matters.

(4) On the incorporation date the school board shall cease to exist.

(5) A school board shall provide the Secretary of State with such information and documents as he may require from them for the purposes of his determining under subsection (1) above whether to approve, approve with modifications, or reject any proposals published by them under section 16(2)(a) of this Act.

20 Transition to self-governing status

Schedule 5 to this Act, which makes provision as regards the transition to self-governing status of eligible schools, shall have effect.



Proposals under sections 22A to 22D of 1980 Act where procedure for acquisition of self-governing status initiated

21 Effect of pending procedure for acquisition of self-governing status on proposals for alteration etc. of schools

(1) Subject to section 14(2) of this Act, where a proposal--

(a) is published under section 22A of the 1980 Act as regards a school (consultation on certain changes in educational matters), but before a decision is reached on the proposal the education authority receive written notice under subsection (6) of section 13 of this Act, either of a first resolution or of a request, as regards the school, they shall not decide on the proposal;

(b) is submitted under section 22B, 22C or 22D of the 1980 Act (consent for certain changes in educational matters or affecting denominational schools) as regards a school but before the Secretary of State consents to the proposal the education authority receive such notice as is mentioned in paragraph (a) above as regards the school, the consent cannot validly be given,

unless and until one of the conditions specified in section 24(2) of this Act is satisfied as regards the school.

(2) Without prejudice to paragraph (a) of subsection (1) above, the receipt of such notice as is mentioned in that paragraph shall not prevent publication under the said section 22A.

(3) No proposal shall be--

(a) published, made available or decided on under the said section 22A; or

(b) submitted or consented to under the said section 22B, 22C or 22D,

in respect of a school as regards which proposals published under section 16 of this Act have been approved by the Secretary of State.



Staff

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22 Transfer of staff to self-governing schools

(1) Subject to subsection (2) below, this section applies to any person who immediately before the incorporation date in relation to a school--

(a) is employed by the education authority by whom the school is maintained in a post (whether teaching or non-teaching and whether or not at the school) which involves his working solely at the school or has been assigned to work solely at the school; or

(b) is employed by that authority to work at the school and is designated for the purposes of this section, either individually or as a member of a class or description of employees, by a direction given by the Secretary of State.

(2) This section does not apply to any person employed as mentioned in subsection (1) above--

(a) whose contract of employment terminates on the day immediately preceding the incorporation date or who before that date has been--

(i) appointed or assigned by the education authority concerned to work solely at another school as from that date; or

(ii) withdrawn from work at the school with effect as from that date; or

(b) who is employed in connection with the provision of meals, unless the meals are provided for consumption only at the school.

(3) The contract of employment between a person to whom this section applies and the education authority by whom he is employed shall have effect from the incorporation date as if originally made between him and the board of management of the school.

(4) A person who before the incorporation date has been appointed or assigned by the education authority by whom the school is maintained to work at the school as from that date (or some later date) shall be treated for the purposes of this section as if he had been employed by that authority immediately before that date to do such work at the school as he would have been required to do on or after that date under his contract of employment with that authority.

(5) Without prejudice to subsection (3) above--

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