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Change 1
As published
103A Proprietor which is body corporate etc.
(1) This section applies where the proprietor of an independent school is not an individual.
(2) Any power in this Part of this Act, by virtue of which the Scottish Ministers may disqualify the proprietor of an independent school from being the proprietor of such a school, includes power to so disqualify a relevant person.
(3) For the purposes of any provision in this Part of this Act relating to the disqualification of the proprietor of an independent school from being the proprietor of such a school, the proprietor shall be so disqualified if a relevant person is so disqualified.
(4) Any reference in this Part of this Act to the disqualification of the proprietor of an independent school from working with children shall be construed as a reference to any relevant person’s being so disqualified.
(5) Any reference in this Part of this Act to the proprietor of an independent school’s being (or not being) a proper person to be the proprietor of such a school shall be construed as including a reference to any relevant person’s being (or not being) such a proper person.
(6) In this section, “relevant person”, in relation to the proprietor of an independent school, means—
(a) in the case of such a proprietor which is a body corporate, any person who—
(i) is a director, manager or secretary of the body corporate; or
(ii) purports to act in any such capacity;
(b) in the case of such a proprietor which is a Scottish partnership, any person who—
(i) is a partner; or
(ii) purports to act in that capacity; and
(c) in the case of such a proprietor which is an unincorporated association other than a Scottish partnership, any person who—
(i) is concerned in the management or control of the association; or
(ii) purports to act in the capacity of a person so concerned.
Your change, as a redline
103A Proprietor which is body corporate etc.
(1) This section applies where the proprietor of an independent school is not an individual.
(2) Any power in this Part of this Act, by virtue of which the Scottish Ministers may disqualify the proprietor of an independent school from being the proprietor of such a school, includes power to so disqualify a relevant person.
(3) For the purposes of any provision in this Part of this Act relating to the disqualification of the proprietor of an independent school from being the proprietor of such a school, the proprietor shall be so disqualified if a relevant person is so disqualified.
(4) Any reference in this Part of this Act to the disqualification of the proprietor of an independent school from working with children shall be construed as a reference to any relevant person’s being so disqualified.
(5) Any reference in this Part of this Act to the proprietor of an independent school’s being (or not being) a proper person to be the proprietor of such a school shall be construed as including a reference to any relevant person’s being (or not being) such a proper person.
(6) In this section, “relevant person”, in relation to the proprietor of an independent school, means—
(a) in the case of such a proprietor which is a body corporate, any person who—
(i) is a director, manager or secretary of the body corporate; or
(ii) purports to act in any such capacity;
(b) in the case of such a proprietor which is a Scottish partnership, any person who—
(i) is a partner; or
(ii) purports to act in that capacity; and
(c) in the case of such a proprietor which is an unincorporated association other than a Scottish partnership, any person who—
(i) is concerned in the management or control of the association; or
(ii) purports to act in the capacity of a person so concerned.
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