Self-Governing Schools etc. (Scotland) Act 1989
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Change 1
SCHEDULE 5
1 Where under section 19(1)(b) of this Act the Secretary of State approves proposals for acquisition of self-governing status in respect of any school he may, by an order or orders made at any time on or after such approval and before the incorporation date in relation to the school, make such provision as he considers appropriate in connection with the school’s transition to self-governing status and the impending transfer of responsibility for the conduct of the school to the board of management. 2 The provision that may be made by an order under paragraph 1 above includes in particular provision— (a) for the exercise by the school board in relation to the school, in such circumstances and in such manner and subject to such conditions as may be specified in the order, of any power so specified corresponding to any of the powers that would by virtue of section 7 of this Act be exercisable by the board of management of the school on that board’s incorporation, including in particular power— (i) to appoint members of staff to take up employment on or after the incorporation date; (ii) to enter into contracts for the purpose of, or in connection with, the conduct of the school on or after that date; and (iii) to determine the arrangements for admission of pupils to the school that are to apply in the first school year beginning on or after that date; (b) excluding or modifying any powers of the education authority in relation to any matter to which any power exercisable by the school board in accordance with any provision made by virtue of sub-paragraph (a) above applies; (c) for— (i) requiring the school board to be consulted before the education authority exercise in relation to the school any function of a description specified in the order or take in relation to the school any action of a description so specified; or (ii) requiring or enabling the school board to participate in the exercise in relation to the school of any such function or in the taking in relation to the school of any such action, in such circumstances and in such manner as may be so specified; (d) with respect to the proceedings of the school board and the authentication of their actions (including the making or issue of any instrument by them or on their behalf); and (e) that without prejudice to the generality of section 10(1)(a) of the 1988 Act (information and reports) and even in so far as that section might not otherwise compel compliance, the education authority shall provide the school board with such information as the board may reasonably request under that section in respect of— (i) the administration of the school; (ii) the fabric of the school; (iii) the staff employed at the school; (iv) the pupils in attendance at the school; and (v) other children and young persons who would be expected to be pupils in attendance at the school within two years after the incorporation date and of whose existence the authority are aware. 3 (1) The Secretary of State may make grants to the school board in respect of expenditure incurred or to be incurred by them in pursuance of any provision made by an order under paragraph 1 above. (2) The Secretary of State may impose on a school board to whom any such payment is made such requirements as he may from time to time determine (whether before, at or after the time when the payment in question is made). 4 The duty of an education authority to maintain a school in respect of which proposals for acquisition of self-governing status have been approved shall not apply in relation to any expenses incurred by the school board by virtue of this Schedule. 5 At any time on or after the date on which he approves any such proposals the Secretary of State may consult the school board with respect to the provisions he proposes to include in the scheme of government for the school. 6 On and after the incorporation date in relation to a school any appointment made, contract entered into or other thing done by the school board in pursuance of any provision made by an order under paragraph 1 above, so far as subsisting or in force immediately before that date, shall be treated as having been made, entered into or done by the board of management.
SCHEDULE 5
1 Where under section 19(1)(b) of this Act the Secretary of State approves proposals for acquisition of self-governing status in respect of any school he may, by an order or orders made at any time on or after such approval and before the incorporation date in relation to the school, make such provision as he considers appropriate in connection with the school’s transition to self-governing status and the impending transfer of responsibility for the conduct of the school to the board of management. 2 The provision that may be made by an order under paragraph 1 above includes in particular provision— (a) for the exercise by the school board in relation to the school, in such circumstances and in such manner and subject to such conditions as may be specified in the order, of any power so specified corresponding to any of the powers that would by virtue of section 7 of this Act be exercisable by the board of management of the school on that board’s incorporation, including in particular power— (i) to appoint members of staff to take up employment on or after the incorporation date; (ii) to enter into contracts for the purpose of, or in connection with, the conduct of the school on or after that date; and (iii) to determine the arrangements for admission of pupils to the school that are to apply in the first school year beginning on or after that date; (b) excluding or modifying any powers of the education authority in relation to any matter to which any power exercisable by the school board in accordance with any provision made by virtue of sub-paragraph (a) above applies; (c) for— (i) requiring the school board to be consulted before the education authority exercise in relation to the school any function of a description specified in the order or take in relation to the school any action of a description so specified; or (ii) requiring or enabling the school board to participate in the exercise in relation to the school of any such function or in the taking in relation to the school of any such action, in such circumstances and in such manner as may be so specified; (d) with respect to the proceedings of the school board and the authentication of their actions (including the making or issue of any instrument by them or on their behalf); and (e) that without prejudice to the generality of section 10(1)(a) of the 1988 Act (information and reports) and even in so far as that section might not otherwise compel compliance, the education authority shall provide the school board with such information as the board may reasonably request under that section in respect of— (i) the administration of the school; (ii) the fabric of the school; (iii) the staff employed at the school; (iv) the pupils in attendance at the school; and (v) other children and young persons who would be expected to be pupils in attendance at the school within two years after the incorporation date and of whose existence the authority are aware. 3 (1) The Secretary of State may make grants to the school board in respect of expenditure incurred or to be incurred by them in pursuance of any provision made by an order under paragraph 1 above. (2) The Secretary of State may impose on a school board to whom any such payment is made such requirements as he may from time to time determine (whether before, at or after the time when the payment in question is made). 4 The duty of an education authority to maintain a school in respect of which proposals for acquisition of self-governing status have been approved shall not apply in relation to any expenses incurred by the school board by virtue of this Schedule. 5 At any time on or after the date on which he approves any such proposals the Secretary of State may consult the school board with respect to the provisions he proposes to include in the scheme of government for the school. 6 On and after the incorporation date in relation to a school any appointment made, contract entered into or other thing done by the school board in pursuance of any provision made by an order under paragraph 1 above, so far as subsisting or in force immediately before that date, shall be treated as having been made, entered into or done by the board of management.
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