Education (Scotland) Act 1980

87B Selection of teachers.

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89 Age of retirement of teachers.

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90 Employment of teachers.

(1) The Secretary of State may in regulations under section 2 or 74(1) of this Act prescribe that only registered teachers shall be employed or continue to be employed as teachers by education authorities , or managers of grant-aided schools, in the educational establishments to which the regulations apply, subject to such exceptions as may from time to time be so prescribed. (2) It is hereby declared that the power of the Secretary of State to make regulations under section 1(2) of the Education (Scotland) Act 1962, as originally enacted, and as re-enacted as section 2 by the Education (Scotland) Act 1969 shall be deemed always to have included power on and after 1st November 1965 to prescribe in such regulations that only registered teachers shall be employed or continue to be employed as teachers by education authorities in the educational establishments to which the regulations apply, subject to such exceptions as may from time to time be so prescribed. (3) For the avoidance of doubt, it is hereby declared that the power of the Secretary of State to make regulations under section 76(1) of the said Act of 1962 shall be deemed always to have included power on and after 1st November 1965 to prescribe in such regulations that only registered teachers shall be employed or continue to be employed as teachers by managers of educational establishments in the educational establishments to which the regulations apply, subject to such exceptions as may from time to time be so prescribed. (4) For the avoidance of doubt, it is hereby declared that in the Schools (Scotland) Code 1956, as amended by the Teachers (Education, Training and Registration) (Scotland) Regulations 1967, regulation 4(2) shall be construed as having always applied to teachers in employment on 1st April 1968, as well as to teachers taken into employment after that date.

90A Head teachers: education and training standards

(1) The Scottish Ministers may by regulations under section 2 or 74(1) prescribe that only persons falling within subsection (2) may be appointed by education authorities or managers of grant-aided schools as head teachers of schools. (2) A person falls within this subsection if the person has achieved such standards of education and training as may be specified in regulations mentioned in subsection (1). (3) Regulations made by virtue of subsections (1) and (2) may— (a) provide for exemptions or exceptions, (b) make different provision for different purposes, (c) make consequential, transitional or transitory provision or savings.

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98 Registration of independent schools.

(1) The Secretary of State shall appoint one of his officers to be the Registrar of Independent Schools in Scotland (hereinafter in this Part of this Act referred to as “the Registrar”), and it shall be the duty of the Registrar to keep a register of independent schools, which shall be open to public inspection at all reasonable times, ... (1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (2) The Registrar shall record in the register— (a) in relation to every application under section 98A(1) of this Act for registration of an independent school, such information as the Scottish Ministers may direct; (b) in relation to any conditions imposed by virtue of this Part of this Act on the carrying on of a registered school, such information (including information relating to any variation and revocation of such conditions) as the Scottish Ministers may direct; (c) every order of an Independent Schools Tribunal or the Scottish Ministers imposing any disqualification under this Part of this Act; and (d) in relation to every registered school, such information relating to particulars prescribed under paragraph (a) of subsection (3) below— (i) furnished by virtue of that paragraph; and (ii) notified by virtue of paragraph (b) of that subsection, to the Registrar as the Scottish Ministers may direct. (2A) Where an order removing any disqualification under this Part of this Act is made by— (a) the Scottish Ministers; or (b) the sheriff principal, the Registrar shall remove the order imposing that disqualification from the register. (3) The Secretary of State shall make regulations— (a) prescribing the particulars information as to which is to be furnished to the Registrar by the proprietors of registered schools and the manner in which it shall be so furnished; (b) requiring the notification to the Registrar of any changes in such particulars; (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (d) dealing with such incidental matters as the Secretary of State may deem expedient.

98A Application for registration of independent school

(1) Any person proposing to carry on an independent school shall apply to the Scottish Ministers for registration of that school. (2) An application for registration shall— (a) be in such form; and (b) include such information, as the Scottish Ministers may, by regulations, prescribe. (3) The Scottish Ministers may, subject to subsection (4) below, grant an application for registration if they are satisfied that— (a) efficient and suitable instruction will be provided at the school, having regard to the ages and sex of the pupils who shall be attending the school; (b) the welfare of such pupils will be adequately safeguarded and promoted; (c) subject to subsection (5)(a) below— (i) the proprietor of the school is a proper person to be the proprietor of an independent school; and (ii) every proposed teacher in the school is a proper person to be a teacher in any school; (d) subject to subsection (5)(b) below, the proposed school premises are suitable for use as a school; and (e) subject to subsection (5)(c) below, the accommodation to be provided at the school premises is adequate and suitable, having regard to the number, ages and sex of the pupils who shall be attending the school. (4) The Scottish Ministers may, on granting an application for registration, impose such conditions on the carrying on of the registered school as they think fit. (5) The Scottish Ministers shall not be satisfied that— (a) the proprietor of an independent school is a proper person to be the proprietor of such a school or, as the case may be, that a proposed teacher in such a school is a proper person to be a teacher in any school if that proprietor or, as the case may be, proposed teacher— (i) is, by virtue of this Part of this Act, disqualified from being such a proprietor or, as the case may be, such a teacher; (ii) is barred from regulated roles with children; or (iii) is a prescribed person; (b) proposed school premises are suitable for use as a school if any part of such premises is, by virtue of this Part of this Act, disqualified from being so used; and (c) accommodation to be provided at school premises is adequate and suitable if any such accommodation is, by virtue of this Part of this Act, disqualified from being used as such or from being used as such for pupils of— (i) such number; or (ii) such age or sex, for which it is proposed it be used. (6) In this Part of this Act— “barred from regulated roles with children” is to be construed in accordance with the Protection of Vulnerable Groups (Scotland) Act 2007; “prescribed person” means— in relation to a proprietor of an independent school, a person falling within such class of persons as the Scottish Ministers may, by regulations, prescribe; and in relation to a teacher or proposed teacher in such a school, a person falling within such class of persons as may be so prescribed; and “proposed teacher” means a person that the proprietor of an independent school proposes will, on the registration of that school, be a teacher in it.

98B Refusal of application for registration: disqualifications

(1) This section applies where the Scottish Ministers refuse an application for registration on the ground that they are not satisfied that— (a) the proposed school premises are suitable for use as a school; (b) accommodation to be provided at the proposed school premises is adequate and suitable, having regard to the number, ages and sex of the pupils who shall be attending the school; (c) the proprietor of the independent school is a proper person to be the proprietor of such a school; or (d) a proposed teacher in the school is a proper person to be a teacher in any school. (2) Where the Scottish Ministers refuse an application for registration on the ground mentioned in subsection (1)(a) above they may make an order disqualifying the proposed school premises or any part of them from being used as a school. (3) Where the Scottish Ministers refuse an application for registration on the ground mentioned in subsection (1)(b) above they may make an order disqualifying the accommodation from being used as such or from being used as such for pupils— (a) exceeding such number; or (b) of such age or sex, as they may specify. (4) Where the Scottish Ministers refuse an application for registration on the ground mentioned in subsection (1)(c) above they may make an order disqualifying the proprietor from being the proprietor of an independent school. (5) Where the Scottish Ministers refuse an application for registration on the ground mentioned in subsection (1)(d) above they may make an order disqualifying the proposed teacher from being a teacher in any school.

98C Registration: notification and appeals

(1) The Scottish Ministers shall give notice to the persons mentioned in subsection (2) below of their decision on an application for registration of an independent school. (2) The persons referred to in subsection (1) above are— (a) the proprietor; (b) where the application for registration is refused on the ground that the Scottish Ministers are not satisfied that a proposed teacher in the school is a proper person to be a teacher in any school, that proposed teacher; (c) the Registrar; and (d) any other person or body the Scottish Ministers think fit. (3) Where, under section 98A(3) of this Act, the Scottish Ministers grant an application for registration of an independent school, they shall direct the Registrar to register that school. (4) Where an order is made under section 98B(2), (3) or (4) of this Act, the Scottish Ministers shall, as soon as reasonably practicable after making the order, give notice to— (a) the proprietor; (b) the Registrar; and (c) any other person or body the Scottish Ministers think fit, of the order. (5) Where an order is made under section 98B(5) of this Act, the Scottish Ministers shall, as soon as reasonably practicable after making the order, give notice to— (a) the proposed teacher to whom the order relates; (b) the Registrar; and (c) any other person or body the Scottish Ministers think fit, of the order. (6) The proprietor of an independent school may, before the expiry of the period of 28 days beginning with the day on which that proprietor is given notice under subsection (1) above, appeal to the sheriff principal— (a) where the application for registration of the school is, under subsection (3) of section 98A of this Act, refused, against that refusal; or (b) where such application is, under that subsection, granted and conditions are, under subsection (4) of that section, imposed on the carrying on of the school, against the imposition of any such condition. (7) Where an order is made under section 98B(2), (3) or (4) of this Act, the proprietor may, before the expiry of the period of 28 days beginning with the day on which that proprietor is given notice under subsection (4)(a) above, appeal to the sheriff principal against the order. (8) Where an order is made under section 98B(5) of this Act, the proposed teacher may, before the expiry of the period of 28 days beginning with the day on which that proposed teacher is given notice under subsection (5)(a) above, appeal to the sheriff principal against the order.

98D Removal from register where school no longer being carried on

(1) Where the Scottish Ministers are satisfied that a registered school is no longer being carried on as such, they may make an order directing the Registrar to remove the school from the register. (2) Where an order is made under subsection (1) above, the Scottish Ministers shall, as soon as reasonably practicable after so doing, give notice to— (a) the proprietor; (b) the Registrar; and (c) any other person or body the Scottish Ministers think fit, of the order. (3) The Registrar may, on the application of the proprietor of a registered school, remove that school from the register. (4) Where, under subsection (3) above, the Registrar removes a school from the register, the Registrar shall give notice to— (a) the proprietor; and (b) any other person or body the Registrar thinks fit, of that fact.

98E Imposition, variation and revocation of conditions

(1) The Scottish Ministers may, if they are satisfied that it is necessary to prevent a registered school from becoming objectionable upon any of the grounds mentioned in section 99(1A) of this Act— (a) impose any condition on the carrying on of that registered school; or (b) vary or revoke any such condition imposed by virtue of this Part of this Act, as they think fit. (2) The Scottish Ministers may, on the application of the proprietor of a registered school, vary or revoke any condition imposed by virtue of this Part of this Act on the carrying on of that school. (3) An application such as is mentioned in subsection (2) above shall— (a) be in writing; and (b) specify the variation or revocation sought together with the reasons for seeking it. (4) Where, under this section, the Scottish Ministers impose, vary, revoke or refuse to vary or revoke a condition on the carrying on of a registered school, they shall, as soon as reasonably practicable after so doing, give notice to— (a) the proprietor; (b) the Registrar; and (c) any other person or body the Scottish Ministers think fit, of that imposition, variation, revocation or, as the case may be, refusal. (5) The proprietor of a registered school may, before the expiry of the period of 28 days beginning with the day on which that proprietor is given notice under subsection (4)(a) above, appeal to the sheriff principal against the imposition, variation or, as the case may be, refusal to vary or revoke.

99 Complaints.

(1) If at any time the Secretary of State is satisfied that any registered ... school is objectionable upon all or any of the grounds mentioned in subsection (1A) below, the Scottish Ministers shall, subject to subsection (1B) below, serve on the proprietor of the school a notice of complaint.— (1A) The grounds referred to in subsection (1) above are (a) that efficient and suitable instruction is not being provided at the school, having regard to the ages and sex of the pupils attending thereat; (aa) that the welfare of a pupil attending the school is not adequately safeguarded and promoted there; (b) that the school premises or any parts thereof are unsuitable for a school; (c) that the accommodation provided at the school premises is inadequate or unsuitable, having regard to the number, ages and sex of the pupils attending the school; (d) that a condition imposed by virtue of this Part of this Act on the carrying on of the school is not being or has not been complied with; (e) that any part of the school premises is, by virtue of this Part of this Act, disqualified from being used as a school; (f) that any accommodation provided at the school premises is, by virtue of this Part of this Act, disqualified from being used as such or is being used as such for pupils of— (i) such number; or (ii) such age or sex, from which use it is so disqualified; (g) that the proprietor of the school is— (i) by virtue of this Part of this Act, disqualified from being the proprietor of an independent school; (ii) barred from regulated roles with children; (iii) a prescribed person; or (iv) otherwise not a proper person to be the proprietor of an independent school; (h) that a teacher in the school is— (i) by virtue of this Part of this Act, disqualified from being a teacher in any school; (ii) barred from regulated roles with children; (iii) a prescribed person; or (iv) otherwise not a proper person to be a teacher in any school; or (j) that the proprietor of the school has not, in relation to particulars prescribed under paragraph (a) of section 98(3) of this Act— (i) furnished information required by virtue of that paragraph; or (ii) notified, by virtue of paragraph (b) of that subsection, a change in such particulars, to the Registrar. (1B) The Scottish Ministers need not serve a notice of complaint under subsection (1) above where they are satisfied that they urgently require to make an order under section 100(2) of this Act. (1C) A notice of complaint is a notice— (a) stating the ground of the complaint together with the full particulars of the matter complained of; and (b) specifying— (i) the measures which, in the opinion of the Scottish Ministers, are necessary to remedy the matter complained of; and (ii) the period, beginning with the day on which the notice is served, before the expiry of which such measures require to be taken. (2) If it is alleged by any notice of complaint served under this section that any teacher in the school is— (a) disqualified as mentioned in sub-paragraph (i) or (ii) of subsection (1A)(h) above; (b) a prescribed person; or (c) otherwise not a proper person to be a teacher in any school, that teacher shall be named in the notice and the particulars contained in the notice shall specify the grounds of the allegation, and a copy of the notice shall be served upon him at the same time as the notice is served. (3) The proprietor of a registered school may, before the expiry of the period mentioned in subsection (4) below, appeal to the sheriff principal against a notice of complaint. (4) The period referred to in subsection (3) above is— (a) the period of 28 days beginning with the day on which the notice of complaint is served; or (b) the period specified under subsection (1C)(b)(ii) above, whichever is the shorter.

100 Determination of complaints.

(1) This section applies— (a) in a case where— (i) a notice of complaint has been served under section 99(1) of this Act; (ii) no appeal under section 99(3) of this Act has been made or such an appeal has been made and refused; (iii) the period specified in the notice has expired; and (iv) the Scottish Ministers are not satisfied that the proprietor of the school on whom the notice is served has taken satisfactory action to remedy the matter complained of; (b) in a case where— (i) such a notice has been served; (ii) such an appeal has been made but not determined; and (iii) pending such determination, the Scottish Ministers are satisfied that there is a serious risk of harm to a pupil attending the school; or (c) where, by virtue of section 99(1B) of this Act, no such notice has been served. (2) The Scottish Ministers may— (a) make an order directing the Registrar to remove the school from the register; (b) if satisfied that the school premises are or any part of them is unsuitable for use as a school, make an order disqualifying those premises or any part of them from being so used; (c) if satisfied that any accommodation provided at the school premises is inadequate or unsuitable, having regard to the number, ages and sex of the pupils attending the school, make an order disqualifying that accommodation from being used as such or from being used as such for pupils— (i) exceeding such number; or (ii) of such age or sex, as the Scottish Ministers may specify; (d) make an order— (i) imposing such conditions on the carrying on of the school; or (ii) varying any such conditions imposed by virtue of this Part of this Act, as the Scottish Ministers think fit; or (e) if satisfied that— (i) the proprietor is not a proper person to be the proprietor of an independent school; or (ii) a teacher in the school is not a proper person to be a teacher in any school, make an order disqualifying that proprietor from being the proprietor of an independent school or, as the case may be, that teacher from being a teacher in any school. (3) Where the Scottish Ministers make an order under subsection (2) above, they shall, as soon as reasonably practicable after so doing, give notice to— (a) the proprietor; (b) where, under paragraph (e) of that subsection, an order is made disqualifying a teacher, that teacher; (c) the Registrar; and (d) any other person or body the Scottish Ministers think fit, of the order. (3A) Subject to subsection (3C) below, the proprietor of an independent school may, before the expiry of the period of 28 days beginning with the day on which that proprietor is given notice under subsection (3)(a) above, appeal to the sheriff principal against an order under subsection (2) above. (3B) A teacher disqualified by an order under subsection (2)(e) above may, before the expiry of the period of 28 days beginning with the day on which that teacher is given notice under subsection (3)(b) above, appeal to the sheriff principal against the order. (3C) The proprietor of an independent school may not appeal against an order under subsection (2)(e) above disqualifying a teacher from being a teacher in any school. (4) Where by virtue of an order made under this Part of this Act any person is disqualified either from being the proprietor of an independent school or from being a teacher in any school, then, unless the order otherwise directs, that person shall, by virtue of the order, be disqualified both from being the proprietor of an independent school and from being a teacher in any school.

101 Enforcement of orders.

(1) Any person who carries on an independent school which is not registered shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale or to imprisonment for a term not exceeding three months or to both such fine and such imprisonment. (2) If any person uses (a) school premises which are or any part of such premises which is; or (b) any accommodation provided at such premises which is, disqualified by virtue of any order made under this Part of this Act, that person shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale, or to imprisonment for a term not exceeding three months or to both such fine and such imprisonment. (3) If any person acts as the proprietor of an independent school, ..., while he is disqualified from so acting ... by any such order as aforesaid, he shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale, or to imprisonment for a term not exceeding three months or to both such fine and such imprisonment. (3A) If any person who is, by virtue of this Part of this Act, disqualified from being a teacher in any school— (a) endeavours to obtain a position as a teacher; (b) accepts such a position; or (c) teaches, in any school, that person shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale or to imprisonment for a term not exceeding three months or to both such fine and such imprisonment. (4) For the purposes of the foregoing provisions of this Part of this Act, a person who is subject to or deemed to be subject to a direction given under section 142 of the Education Act 2002 (c. 32) shall be deemed to be disqualified from being the proprietor of an independent school or from being a teacher in any school ... by an order made under this Part of this Act.

102 Removal of disqualifications.

(1) If on the application of any person the Secretary of State is satisfied that any disqualification imposed by an order made under ... this Part of this Act is, by reason of any change of circumstances, no longer necessary, the Secretary of State shall by order remove the disqualification. (1A) The Scottish Ministers shall, as soon as reasonably practicable after making a decision under subsection (1) above, give notice to— (a) the applicant; (b) the Registrar; and (c) any other person or body the Scottish Ministers think fit, of that decision. (2) Any person who is aggrieved by the refusal of the Secretary of State to remove a disqualification so imposed may, before the expiry of the period of 28 days beginning with the day on which the applicant is given notice under subsection (1A)(a) above, appeal to the sheriff principal against that refusal.

103 Appeals under this Part

(1) An appeal— (a) made under— (i) section 98C(6) of this Act; (ii) section 98C(7) against an order made under section 98B(2) or (3) of this Act; (iii) section 98E(5) of this Act; (iv) section 99(3) of this Act; (v) section 100(3A) against an order made under section 100(2)(a) to (d) of this Act; or (vi) section 102(2) of this Act against a refusal to remove a disqualification relating to school premises or accommodation provided at such premises, shall be to the sheriff principal of the sheriffdom in which the school to which the appeal relates is situated; and (b) made under— (i) section 98C(7) against an order made under section 98B(4) of this Act; (ii) section 98C(8) of this Act; (iii) section 100(3A) against an order made under section 100(2)(e) of this Act disqualifying a proprietor; (iv) section 100(3B) of this Act; or (v) section 102(2) of this Act against a refusal to remove a disqualification relating to a proprietor or a teacher, shall be to the sheriff principal of the sheriffdom in which the appellant resides or, if the appellant resides outwith Scotland, the sheriff principal of Lothian and Borders at Edinburgh. (2) Where the sheriff principal allows an appeal under section 98C(6)(a) of this Act, the sheriff principal— (a) shall make an order directing the Registrar to register the school; and (b) may make an order imposing such conditions on the carrying on of the school as the sheriff principal thinks fit. (3) On an appeal under section 98C(6)(b) or 98E(5) of this Act, the sheriff principal may, whether or not the sheriff principal allows or refuses the appeal, make an order— (a) imposing any condition on the carrying on of the school; or (b) varying or revoking any such condition imposed by virtue of this Part of this Act, as the sheriff principal thinks fit. (4) On an appeal under section 99(3) of this Act— (a) where the sheriff principal allows the appeal, the sheriff principal shall make an order annulling the notice of complaint; and (b) where the Scottish Ministers have, pending the determination of the appeal, made an order under section 100(2) of this Act, the sheriff principal may make an order— (i) directing the Registrar to register the school; (ii) imposing such conditions on the carrying on of the school as the sheriff principal thinks fit; (iii) varying or revoking such conditions imposed by virtue of this Part of this Act as the sheriff principal thinks fit; or (iv) removing any disqualification imposed under section 100(2)(b), (c) or (e) of this Act. (5) Where, on an appeal under section 100(3A) of this Act— (a) the sheriff principal allows the appeal, the sheriff principal may make an order— (i) directing the Registrar to register the school; (ii) imposing such conditions on the carrying on of the school as the sheriff principal thinks fit; (iii) varying or revoking such conditions imposed by virtue of this Part of this Act as the sheriff principal thinks fit; or (iv) removing any disqualification imposed under section 100(2)(b), (c) or (e) of this Act; or (b) the sheriff principal refuses the appeal, the sheriff principal may make any order— (i) imposing such conditions on the carrying on of the school as the sheriff principal thinks fit; or (ii) varying or revoking such conditions imposed by virtue of this Part of this Act as the sheriff principal thinks fit. (6) Where the sheriff principal allows an appeal under section 98C(7) or (8), 100(3B) or 102(2) of this Act, the sheriff principal shall make an order removing the disqualification. (7) A person to whom an order made by the sheriff principal under subsections (2) to (6) above relates may, before the expiry of the period of 28 days beginning with the day on which the order is made, appeal on point of law only to the Court of Session.

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.

103B Date of registration or removal from register

(1) Where, under section 98A(3) of this Act, the Scottish Ministers grant an application for registration of an independent school, the registration of that school shall, unless the Scottish Ministers otherwise direct, have effect from the beginning of the day on which the proprietor is, under section 98C(1) of this Act, given notice of the grant of the application. (2) Where, under section 103(2)(a), (4)(b)(i) or (5)(a)(i) of this Act, the sheriff principal makes an order directing the Registrar to register an independent school, the registration of that school shall, unless the sheriff principal otherwise directs, have effect from the beginning of the day on which such an order is made. (3) Where, under section 98D(3) of this Act, the Registrar removes a registered school from the register, that removal shall have effect from the beginning of the day following the day on which notice under section 98D(4) of this Act is given. (4) Where, under section 98D(1) or 100(2)(a) of this Act, the Scottish Ministers make an order directing the Registrar to remove an independent school from the register that removal shall, unless the Scottish Ministers otherwise direct, have effect from the beginning of the day following the day on which the order is made.

104 Register of educational endowments.

(1) It shall be the duty of the Secretary of State to keep a register of all educational endowments, which shall contain such information as may be prescribed, and shall be open to public inspection at all reasonable times. (2) Except as hereinafter provided, it shall be the duty of the governing body of every educational endowment , to furnish the Secretary of State with such information about the endowment as may be prescribed by regulations made by the Secretary of State in such manner as may be so prescribed. (3) This section shall not apply to a university endowment, to a theological endowment, or to the Carnegie Trust, and regulations made under this section may exempt any endowment or class of endowments from any of the provisions of this section.

105 Schemes for reorganisation of educational endowments.

(1) Subject to the provisions of this section, an education authority, whether upon an application made to them or not, may, if they think fit, prepare draft schemes for the future government and management of educational endowments, which schemes may provide— (a) for altering the purposes to which such endowments are applied or applicable and the conditions and provisions regarding such application; (b) for the application of the capital or income of such endowments to such educational purposes, mental oor physical, moral or social, as the education authority think fit having regard to the public interest and to existing conditions, social and educational: Provided always that the capital of any such endowment shall not be expended except on a purpose to which capital may properly be devoted; (c) for grouping, amalgamating, combining or dividing any such endowments; (d) for altering the constitution of the governing body of any such endowment, or uniting two or more existing governing bodies or establishing new governing bodies with such powers as shall seem necessary, and for incorporating any governing body, whether old or new, and for dissolving any governing body whose endowment is transferred to another governing body; and (e) for altering the powers as to the investment of the funds of any such endowment. Provided that in considering whether to exercise, in relation to any endowment, the power conferred upon them by this subsection an education authority may have regard to whether the exercise of the power would prejudice the proper discharge by them of their functions under this Act apart from this section or their functions as local authority under any enactment. (2) It shall be the duty of the education authority in reorganising any endowment in pursuance of the powers conferred by this Part of this Act to have special regard— (a) to the spirit of the intention of the founders as embodied either— (i) in the original deed constituting the endowment where it is still the governing instrument, or (ii) in the scheme approved under any Act, or in any provisional order affecting the endowment; (b) to the interest of the locality to which the endowment belongs; (c) to the possibility of effecting economy in administration by the grouping, amalgamation or combination of any two or more endowments; and (d) to the need for continuing the provision from endowments of competitive bursaries at universities, central institutions, colleges of education or other educational institutions of a similar character. (3) In every scheme which abolishes or modifies any privileges or educational advantages to which a particular class of persons is entitled, whether as inhabitants of a particular area or as belonging to a particular class in life or otherwise, the education authority shall have regard to the educational interests of such class of persons: Provided always that, where the governing instrument of any educational endowment has expressly provided for the education of children belonging to the poorer classes, either generally or within a particular area, or otherwise for their benefit, such endowment for such education or otherwise for their benefit shall continue, so far as requisite, to be applied for the benefit of such children. (4) The powers of the education authority under this section shall not extend— (a) to a university endowment, or (b) to the Carnegie Trust, or (c) to a theological endowment, or (d) to a new endowment; , or (e) to an endowment which relates in whole or in part to an educational establishment not managed by the education authority who would, but for this paragraph, be empowered under this section to exercise in relation to that endowment the functions conferred by this section, or (f) to an educational endowment having no limitation either as to the area in which any educational establishment to which it relates is situated or as to the area in which any of its beneficiaries are required under its governing instrument to reside or with which they are so required to have some other connection. Provided that tis subsection shall not apply to an endowment which falls within paragraph (e) above solely by reason of the inclusion among its purposes of the award of prizes, bursaries or similar benefits to persons who attend or have attended educational establishments or other institutions not managed by an education authority. (4A) The Court of Session shall have power, on the petition of— (a) the governing body of any endowment to which subsection (4) above applies or, in the case of the Carnegie Trust, the Trustees; (b) in relation to an endowment to which paragraph (e) of that subsection applies and which relates only in part to an educational establishment not managed by the education authority referred to in that paragraph, the education authority, in respect of the part of the endowment in relation to which they would, but for the said paragraph (e), be empowered under this section to exercise the functions conferred by this section, to give effect to draft schemes for the future government and management of the endowment or, as the case may be, the Trust, which schemes may provide for any of the purposes set out in paragraphs (a) to (e) of subsection (1) above and, in exercising the power conferred on it under this subsection, the Court shall have special regard to the matters specified in paragraphs (a) to (d) of subsection (2) above. (4B) Where a petition under subsection (4A) above relates to an endowment to which paragraph (e) of subsection (4) above applies and which relates only in part to an educational establishment not managed by the education authority referred to in that paragraph the Court of Session shall, before making an order under the said subsection (4A)— (a) where the petition was presented by any body referred to in paragraph (a) of the said subsection (4A), cause the petition to be served on the education authority; (b) where the petition was presented by an education authority under paragraph (b) of the said subsection (4A), cause the petition to be served on the governing body of the endowment to which the petition relates. (4C) The governing body of an endowment in relation to which an education authority are empowered under this section to exercise the functions conferred by this section may, if the authority refuse to exercise their power under subsection (1) above in relation to the endowment on the ground that such exercise would prejudice the proper discharge by them of their functions under this Act apart from this section or their functions as local authority under any enactment, present a petition to the Court of Session, and subsections (4A), (4B) and (4D) of this section shall apply to such a petition. (4D) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (6) After 30th June 1976 any reference in a scheme made or approved under Part VI of the Act of 1946 or under Part VI of the Act of 1962 (reorganisation of educational endowments)— (a) to a certificated teacher shall be construed as a reference to a teacher registered under the Public Services Reform (General Teaching Council for Scotland) Order 2011; (b) to a children’s committee shall be construed as a reference to a social work committee established under section 2(1) of the Social Work (Scotland) Act 1968; (c) to the Scottish Counties of Cities Association or to the Association of County Councils in Scotland shall be construed as a reference to the Convention of Scottish Local Authorities. (7) In this section, “education authority” means, in relation to an educational endowment, the education authority for the area in which any educational establishment to which the endowment relates is situated or, where the endowment relates to no particular such establishment, the education authority for the area in which the beneficiaries of the endowment are required under its governing instrument to reside or with which they are so required to have some other connection.

106 Sale of land belonging to educational endowments.

(1) Where it appears to the Court of Session to be desirable that a scheme under this Part of this Act should make provision for the sale of any land forming an endowment or part thereof and for the application of the proceeds of sale in accordance with the provisions of the scheme, but that such provision cannot be made by reason of the third proviso to section 2 of the School Sites Act 1841 (which provides that if any land granted in accordance with the provisions of that section ceases to be used for the purposes mentioned in that Act, the land shall revert to the grantor), or by reason of any condition of a similar nature relating to the land in any Act, deed or other instrument, the Court may order that the said proviso or condition shall not have effect in relation to the land: Provided that no such order shall be made in relation to any land unless the Court is satisfied either— (a) that the person to whom the land would revert in accordance with the said proviso or condition cannot after due inquiry be found; or (b) that, if that person can be found, he has consented to relinquish his rights in relation to the land under the said proviso or condition, and that, if he has consented so to do in consideration of the payment of a sum of money to him, adequate provision can be made for the payment to him of that sum out of the proceeds of the sale of the land. (2) A scheme under this Part of this Act relating to any endowment which includes land in respect of which an order has been made under subsection (1) above may make provision for the payment out of the proceeds of the sale of the land of any sum which is payable to any person in consideration of the relinquishment of his rights in relation to the land under the said proviso or condition. (3) For the purposes of this section, any land conveyed under section 2 of the School Sites Act 1841, or held under a condition of the nature referred to in subsection (1) above, other than land forming the site or part of the site of an educational establishment under the management of an education authority or of any building ancillary to such an educational establishment, shall be deemed to be an educational endowment or part thereof notwithstanding anything in the third proviso to that section or in the said condition.

107 Educational endowments applicable in part to non-educational purposes.

(1) Where an endowment is an educational endowment to which the powers conferred by section 105 of this Act extend, and part of it is applicable or applied to other charitable purposes, the scheme shall be in conformity with the provisions of subsections (2) to (6) below (except so far as the governing body of such endowment assent to the scheme departing therefrom). (2) The proportion of the endowment or annual income for the time being derived therefrom which is applicable to such other charitable purposes shall not be diverted by the scheme from such purposes unless in the opinion of the education authority having power to exercise, in relation to that endowment, the functions conferred by section 105 of this Act— (i) there are no persons who are entitled to benefit out of such part of the endowment; or (ii) the purposes of such part of the endowment have become obsolete or useless. (3) The proportion of the endowment or annual income for the time being so applicable to such other charitable purposes shall be deemed to be the proportion which, in the opinion of the education authority, is the proportion which has according to the average of the five most recent years for which accounts are available been appropriated as regards capital or applied as regards income to such purposes, or if that proportion differs from the proportion which ought to have been so appropriated or applied according to the express directions of the instrument of foundation or the decree of any competent court or the statutes or regulations governing such endowment, the proportion applicable to such other charitable purposes shall be the proportion which ought, according to the express directions of such instrument, or such decree or such statutes or regulations, to have been appropriate or applied to such other charitable purposes. (4) If the proportion applicable to other charitable purposes amounts to or exceeds one half of the whole of the endowment, the governing body of such endowment existing at the date of the scheme shall, so far as regards its non-educational purposes, remain unaltered by the scheme. (5) Where the governing body remains so unaltered, that body shall pay or apply for educational purposes such proportion as under the former provisions of this section is applicable to those purposes, or such less sum as may be fixed by the education authority. (6) When any portion of the endowment or the annual income of such portion has been accumulated and not applied to any purpose, the education authority shall determine whether, and in what proportion, such portion or income is to be considered for the purposes of this section as having been appropriated or applied for educational purposes or for other charitable purposes. (7) Subject to the foregoing provisions of this section, the education authority shall have power by any scheme to deal with any such endowment, and with the governing body thereof, in the same manner in all respects as if it were an endowment applied wholly to educational purposes.

108 Non-educational endowments.

(1) Where the governing body of any endowment (not being an educational endowment) are of opinion that it is expedient that the endowment should be reorganised on any of the following grounds, that is to say:— (a) that there are no persons entitled to benefit out of the endowment; or (b) that the purposes of the endowment have failed altogether or have become obsolete or useless or prejudicial to the public welfare, or are otherwise sufficiently provided for, or are insignificant in comparison with the magnitude of the endowment, or are not substantially beneficial to the class of person for whom the endowment was originally intended; or (c) that it is impossible, owing to the inadequacy of the endowment or to the impracticable character of the founder’s intentions, to carry these intentions into effect, the governing body may present a petition to the Court of Session to give effect to a draft scheme for the future government and management of the endowment and thereafter such endowment may be dealt with in all respects as if it were included amongst those specified in section 105(4) of this Act.

108A Courts’ power to give effect to reorganisation scheme on petition of Lord Advocate.

Where the Lord Advocate is of opinion on any such ground as is specified in section 108 of this Act that a scheme should be made for the future government and management of any endowment , he may present a petition to the Court of Session for such a scheme, and on any such petition the Court shall have power to make a scheme for the future government and management of the endowment and for the application of the capital or income of the endowment to any purposes, as nearly as may be analogous to those contained in the governing instrument, as the Court shall think fit.

109 Provisions regarding interests of individuals.

(1) Where at 3rd August 1928, any individual held a vested interest in any office, place, employment, pension, compensation allowance, bursary or emolument under or arising out of an endowment being dealt with in a scheme, made under this Part of this Act, the education authority or, as the case may be, the Court shall in such scheme save or make due compensation for the said vested interest. (2) Every interest, right, privilege or preference which any person may acquire or may have acquired since 3rd August 1928, in or relative to any endowment, or in the governing body thereof, or as member of any such governing body, or in or relative to any office, place, employment, pension, compensation allowance, bursary or emolument in the gift of any such governing body, shall be subject to the provisions of any scheme made under this Part of this Act.

110 Provisions as to beneficiaries and teachers.

(1) In preparing a draft scheme for any endowment, the education authority shall— (a) provide that in making a selection from amongst those eligible for the benefits of the endowment, due regard shall be paid to educational need, diligence, attainment and promise as ascertained in such manner as the education authority shall determine, and (b) unless in any particular case they consider it inexpedient to do so, provide for extending to both sexes the benefit of the endowment. (2) Every scheme for an educational endowment shall make provision for the application in the case of the dismissal of a registered teacher of the provisions of section 88 of this Act, with the substitution of the governing body for the education authority, and with any other necessary modifications. (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4) Any such scheme— (a) given effect to by the Court of Session; or (b) prepared by an education authority with respect to a school other than one which has been transferred to them under section 16 or provided under section 17(2) of this Act,may contain provision for the removal of any religious test or qualification applicable to teachers.

111 Accounts and audit of educational endowments.

(1) It shall be the duty of the governing body of every educational endowment administered under a scheme made by the Court of Session which provides for the audit of the accounts of that endowment , or administered under a provisional order made under the Act of 1878, or under a scheme made under the Act of 1882, the Acts of 1928 to 1935, Part VI of the Act of 1946, Part VI of the Act of 1962 or under this Part of this Act, other than any such endowment to which section 106(1) of the Local Government (Scotland) Act 1973, applies, to comply with the following provisions of this section. (2) The governing body of every endowment to which this section applies shall keep proper accounts and other records in relation to the functioning of that body, and shall prepare in respect of each financial year a statement of account (3) The accounts of every endowment to which this section applies shall be audited each year by an auditor appointed by the governing body ; and no person shall be appointed auditor as aforesaid unless he is eligible for appointment as a statutory auditor under Part 42 of the Companies Act 2006. (4)(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (6) The governing body of each endowment to which this section applies shall make the audited accounts of that endowment available for public inspection at all reasonable times. (7) Any provision in a governing instrument referred to in subsection (1) above prescribing the financial year of an endowment shall remain in operation notwithstanding the repeal by the Act of 1962 of section 11(2) of the Education (Scotland) Act 1956.

112 Procedure in preparation of reorganisation schemes.

(1) Before making a scheme for the reorganisation of any educational endowment an education authority shall prepare a draft scheme and shall— (a) send copies of the draft scheme to the governing body of the endowment to which it relates; (b) give notice of the draft scheme in accordance with subsection (1A) below and cause it to be published in such other manner, if any, as they think fit; and (c) permit public inspection of the draft scheme at such places and during such times as may be specified in the notice given by them under paragraph (b) above; and the governing body of that endowment or any other person interested in the scheme may, not later than the expiry of the period of one month from the first notice of the draft scheme given by the authority under paragraph (b) above, send in writing to the education authority objections to the draft scheme, or proposed amendments thereto, or both. (1A) The notice to be given under subsection (1)(b) above— (a) shall be by way of advertisement in a newspaper circulating in the area in which each educational establishment to which the endowment relates is situated or, where the endowment relates to no particular educational establishment, the area in which the beneficiaries of the endowment are required under its governing instrument to reside or with which they are so required to have some other connection; (b) shall state that written objections to and proposed amendments of the scheme may be made in the manner specified in subsection (1) above; and (c) shall state the places and times at which the draft scheme may be examined under subsection (1)(c) above. (1B) The requirement under subsection (1A) above to give notice of the draft scheme by way of newspaper advertisement shall not apply in relation to an educational endowment of less annual value than £500 if, by giving notice in another manner, the education authority incur less expense. (2) If within the period referred to in subsection (1) above no objection and no proposed amendment to the draft scheme is received by them, the education authority may, by resolution of the authority authorising their proper officer to sign the scheme on their behalf, make the scheme in the terms of the draft scheme of which notice has been given under subsection (1) above and on doing so shall notify the date of commencement of the scheme to the governing body of the endowment. (3) If within the said period objections or proposed amendments to the draft scheme are received by them, the education authority shall consider those objections and proposed amendments , shall, if any of them were sent by any of the persons mentioned in subsection (7) below, hold a public local inquiry into such of them as are not withdrawn and may thereafter, if they think fit, by resolution of the authority authorising their proper officer to sign the scheme on their behalf, make the scheme in such form as they think expedient. (3A) Section 56 of the Local Government (Scotland) Act 1973 shall not apply to the making of a scheme by an education authority under subsection (2) or (3) above. (3B) The person appointed by the education authority to hold a public local inquiry under subsection (3) above shall not be a member or officer of the authority or a member or employee of the governing body of the endowment to which the scheme relates. (3C) Without prejudice to their duty to hold a public local inquiry in the circumstances mentioned in subsection (3) above, an education authority may, if they consider it appropriate, hold a public local inquiry into any matter to which they may properly address themselves in the exercise of their functions under this Part of this Act. (4) If an education authority make a scheme under subsection (3) above, they shall as soon as practicable thereafter— (a) give to the persons who made the objections or, as the case may be, proposed the amendments to the draft scheme notice in writing of their decision with respect to those objections or amendments, together with a statement in writing of the reasons for their decision; (b) send copies of the scheme to the governing body of the endowment to which it relates; (c) cause notice of the scheme to be given in accordance with subsection (1A)(a) and (c) above, containing a statement that, unless not later than the expiry of the period of one month from the first such notice a petition or appeal is presented to the Court of Session in accordance with the following provisions of this section, the scheme will come into operation on such date as the notice may specify, being not less than one month after the date of the first such notice. (5) If no petition or appeal is presented to the Court of Session in accordance with the following provisions of this section, the scheme shall come into operation on the date specified in the notice under subsection (4)(c) above. (5A) If a petition or appeal is presented to the Court of Session in accordance with the following provisions of this section and is refused by the Court, the Court shall make such order as it thinks fit as respects the commencement of the scheme. (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (7) If within the period of one month from the date of the notice given under subsection (4) above a petition or appeal is presented to the Court of Session by any of the persons mentioned below, the scheme referred to in that notice shall thereby be suspended and the Court may amend the scheme and make it as so amended or may make a new scheme and for those purposes the Court— (a) shall have the like powers as are conferred by this Part of this Act on an education authority regarding schemes for the future government and management of educational endowments, and (b) may make such orders as it thinks fit as respects notification and commencement of the amended or new scheme. The persons referred to above are— (i) the governing body of the endowment to which the scheme relates, (ii) the council of any district directly affected by the scheme, (iii) any education authority directly affected by the scheme, (iv) any ratepayers (not being less than twenty) of any district or place directly affected by the scheme, (v) any person having a vested interest in the said endowment or any part of it. (8) If within the said period an appeal is presented to the Court of Session by— (a) the governing body of the endowment to which the scheme refers, or any other person directly affected by the scheme, on the ground that the scheme is not within the scope of, or is not made in conformity with, this Part of this Act, or (b) any person holding any office, place or employment, or receiving any pension, compensation, allowance, bursary or emolument, under or arising out of the endowment to which the scheme relates, on the ground that the scheme does not comply with the provisions of this Part of this Act as to saving or making due compensation for his vested interests, and the Court of Session decides that the scheme is contrary to law on any of the grounds mentioned in paragraphs (a) and (b) above, the education authority shall rescind their decision to make the scheme but may, if they think fit, make an amended scheme in such form as they think expedient, and the provisions of subsections (4) to (7) above, and of this subsection, shall apply in relation to an amended scheme made under this subsection as they apply to a scheme made under subsection (3) above. (9) Where an education authority cause a draft scheme or a scheme to be publicised under this section, they shall cause to be prefixed to that draft scheme or scheme a memorandum setting out— (a) the reasons why, in their view, the reorganisation of the endowment to which the draft scheme or scheme relates is necessary; (b) the respects in which the draft scheme or scheme involves any substantial alteration of the purposes to which the said endowment is applied or applicable; and (c) the reasons for any such alteration; and for the purposes of the provisions of this section relating to publication, that memorandum shall be deemed to be part of the draft scheme or scheme, as the case may be.

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114 Effect of schemes.

(1) Any scheme made or given effect to under the foregoing provisions of this Part of this Act shall have effect in the same manner as if it had been enacted in this Act, and accordingly, from the date of commencement of the scheme, any enactment, letters patent, deed, instrument, trust or direction relating to the subject-matter of the scheme, so far as inconsistent with the provisions thereof, shall cease to have effect. (2) An instrument containing or giving effect to a scheme, under this Part of this Act shall , from the date of commencement of the scheme, be conclusive evidence that that scheme is within the scope of, and was made in conformity with, this Act, and the validity of the scheme shall not , from the said date, be questioned in any legal proceedings whatever. (3) Each of the powers to make schemes conferred by this Part of this Act implies power exercisable in the same manner and subject to the same conditions or limitations to revoke, amend or re-enact any scheme made under that power.

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