Education (Scotland) Act 1980

• (1) An education authority may, in accordance with this section, provide for their area school education in any establishment provided by a local authority under section 59(1) or (2) of the Social Work (Scotland) Act 1968 which is provided wholly or mainly for children under school age (other than any establishment whose provision is secured by them under paragraph (c) of the said section 59(2)).

• (2) The provision of school education referred to in subsection (1) above shall consist of the making available by the education authority, in accordance with arrangements made by them in that behalf with the local authority providing the establishment, of the services of any teacher who is employed by them.

• (3) Arrangements under subsection (2) above may make provision for—

• (a) the supply of equipment for use in connection with the provision of school education made available under the arrangements;

• (b) any supplementary or incidental matters connected with the arrangements.

• (4) A teacher whose services are made available by an education authority in pursuance of arrangements under subsection (2) above shall, during the period in which his services are made available, be deemed to be in a post in a primary department of a school under the management of the education authority.

19A

• (1) The Secretary of State may by regulations make provision for requiring his approval to be obtained for the use in such educational establishments as may be specified in the regulations of such materials or apparatus as may be so specified, being materials or apparatus which could or might involve a serious risk to health.

• (2) The power referred to in subsection (1) above includes power to make different provision in respect of different educational establishments.

Discontinuance and moves of educationalestablishments

Consultation on, and consent for, changes in certain educational matters

22A

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22B

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22C

• (1) An education authority shall submit to the Secretary of State for his consent any proposal of theirs to which this section applies and shall not implement such a proposal without his consent.

• (2) A proposal to which this section applies is one which—

• (a) relates to a school transferred to an education authority under section 16(1) or provided by them under section 17(2) of this Act; and

• (b) will, if implemented, have the effect that all or some of the pupils who attend the school will no longer receive school education in a school of the kind referred to in paragraph (a) above or that all or some of the children who would, but for the implementation of the proposal, have been likely to attend it will not be likely to receive such education in a school of that kind.

• (3) The Secretary of State shall not grant consent under this section unless he is satisfied that adequate arrangements have been made for the religious instruction of pupils and children who would, as a result of implementation of the proposal, no longer receive or be likely to receive school education in a school of the kind referred to in paragraph (a) of subsection (2) above.

• (4) In granting consent under this section the Secretary of State may impose such conditions as he thinks fit with regard to the religious instruction of the pupils and children referred to in paragraph (b) of subsection (2) above and to related matters and conditions imposed by the Secretary of State under this section may be revoked or amended by him at any time.

• (5) Any question which may arise—

• (a) whether a proposal is one to which this section applies;

• (b) as to the implementation of a proposal to which the Secretary of State has consented under this section;

• (c) as to the fulfilment or observation of any conditions upon his consent imposed under subsection (4) above

shall be determined by the Secretary of State and the education authority shall perform their duties under this Act in accordance with any such determination.

• (6) In this section, the reference to section 16(1) or 17(2) of this Act shall include a reference to the corresponding provision of the Act of 1918, the Act of 1946 and the Act of 1962.

22D

• (1) An education authority shall submit to the Secretary of State for his consent any proposal of theirs to which this section applies and shall not implement such a proposal without his consent.

• (2) A proposal to which this section applies is one—

• (a) which relates to a school transferred to an education authority under section 16(1) or provided by them under section 17(2) of this Act;

• (b) to—

• (i) discontinue the school or a part of it;

• (ii) amalgamate the school or a part of it with another school;

• (iii) change the site of the school;

• (iv) change the arrangements for admission to the school; or

• (v) disapply to the school the conditions prescribed in subsections (1) to (4) of section 21 of this Act or in the said subsections so far as applicable and having effect by virtue of subsection (5) of that section; and

• (c) in relation to which the Secretary of State, having consulted any education authority affected by it, is satisfied, upon written representations made, in the case of any church or denominational body in whose interest the school is conducted other than the Roman Catholic Church, by a person authorised for that purpose by that church or denominational body and, in the case of the Roman Catholic Church, by the Scottish Hierarchy of that Church, that—

• (i) if implemented, it will have any of the results specified in subsection (3) below; and

• (ii) the education authority submitting the proposal under subsection (1) aboveand the church, denominational body or Hierarchy, as the case may be, have, after discussion, failed to reach agreement that it should be implemented.

• (3) The results referred to in subsection (2)(c)(i) above are—

• (a) a significant deterioration for pupils belonging to the area of the education authority submitting the proposal under subsection (1) above; or

• (b) a significant deterioration for pupils belonging to the area of any other education authority; or

• (c) where neither paragraph (a) nor paragraph (b) above applies, such a deterioration for pupils as mentioned in the said paragraph (a) and pupils belonging to the area of another education authority as, taken together, amounts to a significant deterioration,

in the provision, distribution or availability of school education in schools of the kind referred to in subsection (2)(a) above compared with such provision, distribution or availability in other public schools.

• (5) The Secretary of State shall not grant consent under this section in relation to a school unless he is satisfied that adequate arrangements have been made for the religious instruction of the children who will no longer receive or be likely to receive school education in a school of the kind referred to in subsection (2)(a) above.

• (6) In granting consent under this section in relation to a school the Secretary of State may impose such conditions as he thinks fit with regard to the religious instruction of the children who will no longer receive or be likely to receive school education in a school of the kind referred to in subsection (2)(a) above and to related matters and, in doing so, he shall have regard to the duties imposed by section 21 of this Act on education authorities in relation to schools of that kind, and conditions imposed by the Secretary of State under this section may be revoked or amended by him at any time.

• (7) Any question which may arise—

• (a) whether a proposal is one to which this section applies;

• (b) as to the implementation of a proposal to which the Secretary of State has consented under this section;

• (c) as to the fulfilment or observation of any conditions upon his consent imposed under subsection (6) above

shall be determined by the Secretary of State and the education authority shall perform their duties under this Act in accordance with any such determination.

• (8) In this section the reference to section 16(1) or 17(2) of this Act shall include a reference to the corresponding provision of the Act of 1918, the Act of 1946 and the Act of 1962.

28A

• (1) Where the parent of a qualifying child makes a written request to an education authority to place his child in the school specified in the request, being a school (other than a nursery school or a nursery class in a school) under their management, it shall be the duty of the authority, subject to subsections (2) , (3) , (3A) and (3F) below, to place the child accordingly.

Such a request so made is referred to in this Act as a “placing request” and the school specified in it is referred to in this Act as the “specified school”.

• (1A) The education authorities shall—

• (a) in carrying out the duty imposed on them by subsection (1) above; and

• (b) in deciding when that duty does not apply,

have regard to such guidance as the Scottish Ministers may give in that respect.

• (2) Where a placing request relates to two or more schools under the management of the education authority to whom it was made, the duty imposed by subsection (1) above shall apply in relation to the first mentioned such school, which shall be treated for the purposes of this Act as the specified school.

• (3) The duty imposed by subsection (1) above does not apply—

• (a) if placing the child in the specified school would—

• (i) make it necessary for the authority to take an additional teacher into employment;

• (ii) give rise to significant expenditure on extending or otherwise altering the accommodation at or facilities provided in connection with the school;

• (iii) be seriously detrimental to the continuity of the child’s education;

• (iv) be likely to be seriously detrimental to order and discipline in the school; ...

• (v) be likely to be seriously detrimental to the educational well-being of pupils attending the school;

• (vi) assuming that pupil numbers remain constant, make it necessary, at the commencement of a future stage of the child’s primary education, for the authority to elect either to create an additional class (or an additional composite class) in the specified school or to take an additional teacher into employment at that school;or

• (vii) though neither of the tests set out in sub-paragraphs (i) and (ii) above is satisfied, have the consequence that the capacity of the school would be exceeded in terms of pupil numbers;

• (b) if the education normally provided at the specified school is not suited to the age, ability or aptitude of the child;

• (c) if the education authority have already required the child to discontinue his attendance at the specified school;

• (d) if, where the specified school is a special school, the child does not have additional support needs requiring the education or special facilities normally provided at that school; or

• (e) if the specified school is a single sex school (within the meaning given to that expression by section 26 of the Sex Discrimination Act 1975) and the child is not of the sex admitted or taken (under that section) to be admitted to the school,

but an education authority may place a child in the specified school notwithstanding paragraphs (a) to (e) above.

• (3A) . . .the duty imposed by subsection (1) above does not apply where the acceptance of a placing request in respect of a child who is resident outwith the catchment area of the specified school would prevent the education authority from retaining reserved places at the specified school or in relation to any particular stage of education at the school; but nothing in this subsection shall prevent an education authority from placing a child in the specified school.

• (3B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3C) In subsection (3A) above, “reserved places” means such number of places (not exceeding such number or, as the case may be, such percentage of places at the school or relating to the particular stage of education as may be prescribed by regulations) as are in the opinion of the education authority reasonably required to accommodate pupils likely to become resident in the catchment area of the school in the period from the time of consideration of the placing request up to and during the year from 1 August to which the placing request relates; and different numbers or, as the case may be, percentages may be prescribed under this subsection for the purpose of different cases or circumstances.

• (3D) In subsections (3A) and (3C) above, “catchment area” means the area from which pupils resident therein will be admitted to the school in terms of any priority based on residence in accordance with the guidelines formulated by the authority under section 28B(1)(c) of this Act.

• (3E) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3F) Where an education authority are carrying out the duty imposed on them by subsection (1) above in respect of a child such as is mentioned in subsection (6)(c) below, they shall place the child in the specified school—

• (a) on the date (being the date fixed for that school under section 32(1) and (2) of this Act) next following the making of the placing request; or

• (b) where that date has passed, as soon after that date as is reasonably practicable.

• (4) An education authority shall inform a parent in writing of their decision on his placing request and, where they decide to refuse it, shall give him written reasons for their decision and inform him of his right to refer it under section 28C of this Act to an appeal committee.

• (5) The Secretary of State may, by regulations, make provision for deeming an education authority to have refused a placing request in the event of their not having informed the parent in writing of their decision on it in accordance with subsection (4) above within such period or before such date as may be prescribed in the regulations and different periods or dates may be so prescribed for different purposes.

• (6) In this section—

• “primary school” does not include a nursery school or a nursery class; and

• “qualifying child” means— a child of school age;a child who has commenced attendance at a primary school but is not of school age; ora child who is not of school age and who, on the date (being the date fixed under subsections (1) and (2) of section 32 of this Act for the purposes of subsection (6) of that section) next following the making of the request under subsection (1) above, will be eligible under this Act to commence attendance at a primary school.

Information as to placing in schools and other matters.

28B

• (1) Every education authority shall—

• (a) publish or otherwise make available information as to—

• (i) their arrangements for the placing of children in schools under their management;

• (ii) such matters as may be prescribed by regulations;

• (iii) such other matters as the authority consider necessary or expedient for the purposes of their functions under this Act;

• (b) where a child falls, in accordance with those arrangements, to be placed in a school under their management—

• (i) in a case where the authority propose to place the child in a particular school, inform his parent of the school; and

• (ii) in every case, subject to subsection (4) below, inform the parent of the general effect of section 28A (1) and (2) of this Act and of his right to make a placing request;

• (c) in making arrangements for the performance of their functions under this Act, formulate guidelines to be followed by them as respects placing in schools generally or, if they think it necessary, in any particular school in the event of there being more placing requests made in respect of certain schools or, as the case may be, that school or in respect of any stage or stages of school education provided there than there are places available;

• (d) on a request to that effect made to them at any time by a parent of a child, supply the parent with any prescribed or determined information about any school under their management.

In paragraph (d) above, “prescribed or determined information” means information prescribed or determined under subsection (3)(c) below.

• (1A) In the application of subsection (1)(b)(ii) above in relation to a child who has additional support needs—

• (a) for the reference to section 28A(1) and (2) of this Act there shall be substituted a reference to paragraph 2 of schedule 2 to the Education (Additional Support for Learning) (Scotland) Act 2004 (asp 4), and

• (b) “ placing request ” means a placing request within the meaning of that Act.

• (2) An education authority shall, in performing the duties imposed on them by subsection (1) above, comply with any regulations made under subsection (3) below.

• (3) The Secretary of State may by regulations prescribe or make provision for the determining of—

• (a) the procedure in accordance with which education authorities are to perform the duties imposed on them by subsection (1) above and when they are to do so;

• (b) how education authorities are to go about publishing or otherwise making available information under subsection (1) above or informing parents under that subsection;

• (c) the kind of information which is to be so published or which is to comprise the information so made available or supplied to parents.

• (4) The duty imposed by subsection (1)(b)(ii) above arises only when the existence of the child and the fact that he falls to be placed in a school under their management are known to the education authority.

28C

• (1) Subject to subsections (2) and (3) below, a parent who has made a placing request may refer a decision of the education authority refusing his request to an appeal committee set up under section 28D of this Act.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) Where a reference under this section has been made in respect of a child, no further such reference in respect of the child shall be competent during the period of 12 months beginning with the day on which the immediately preceding such reference was lodged.

• (4) A reference under this section shall be lodged with the appeal committee within 28 days of the receipt by the parent of the decision of the education authority (which, if posted, shall, unless the contrary is proved, be presumed to have been received on the day after the date on which it was posted except that a decision posted on a Friday or Saturday shall, unless the contrary is proved, be presumed to have been received on the Monday next following), but the committee shall, on good cause being shown, have power to hear such a reference notwithstanding that it was not lodged within that time.

28D

• (1) Every education authority shall—

• (a) set up and maintain such number of appeal committees; and

• (b) make such other arrangements

as are necessary to enable references to be made under sections 28C, 28E(6), 28F(7), 28H and 63 of this Act and paragraph 5 of schedule 2 to the Education (Additional Support for Learning) (Scotland) Act 2004 (asp 4) and heard by the committees.

• (2) An appeal committee set up under subsection (1) above shall be constituted in accordance with Schedule A1 to this Act.

• (3) The Secretary of State may by regulations make provision for procedure in relation to references under section 28C of this Act and regulations made under this subsection may include provision—

• (a) requiring the education authority to make information relevant to their decision available to the committee and to the parent referring that decision to the committee;

• (b) deeming, for the purposes of this Act, an appeal committee to have confirmed the decision of an education authority on a placing request in the event of the committee’s not having complied with section 28E(3) of this Act within such period or before such date as may be prescribed in the regulations and different periods or dates may be so prescribed for different purposes;

• (c) ancillary to or consequential upon provision made under paragraphs (a) and (b) above.

28E

• (1) An appeal committee may, on a reference under section 28C of this Act, confirm the education authority’s decision if they are satisfied—

• (a) that one or more of the grounds of refusal specified in section 28A(3) of this Act exists or exist; and

• (b) that, in all the circumstances, it is appropriate to do so

but otherwise shall refuse to confirm the authority’s decision and shall, where they so refuse, require the education authority to place the child to whom the reference relates in the specified school.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) An appeal committee shall notify their decision under this section and the reasons for it in writing to the parent who made the reference and to the education authority and, where they confirm the authority’s decision, they shall inform the parent of his right of appeal to the sheriff under section 28F of this Act.

• (4) Where, on a reference under section 28C of this Act, an appeal committee refuse to confirm an education authority’s decision, the authority shall give effect to the placing request to which the reference relates.

• (5) Where a decision of an appeal committee under this section is inconsistent with any decision of the education authority refusing a placing request to place another child at the same time and at the same stage of education and in the same school as that at and in which the child to whom the appeal committee’s decision relates is to be placed, the education authority shall review their decision so to refuse and shall inform the parent of the other child in writing of their decision upon that review and the reasons for it.

• (6) The decision of an education authority upon a review under subsection (5) above not to reverse their decision to refuse the placing request in respect of the other child may be referred to an appeal committee by the parent of the other child as if the decision upon the review were a decision refusing his placing request and the provisions of this Act relating to references of decisions upon placing requests and appeals therefrom (including those relating to appeal committees) shall apply accordingly.

• (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (8) In section 23 of the Local Government (Scotland) Act 1975 (authorities subject to investigation by Local Commissioner), at the end of subsection (2), there shall be inserted the following paragraph—

(f) any appeal committee set up under section 28D of the Education (Scotland) Act 1980.

.

28F

• (1) A parent who has made a reference under section 28C of this Act may appeal to the sheriff having jurisdiction where the specified school is situated against the decision of an appeal committee on that reference.

• (2) The education authority may, but the appeal committee shall not, be a party to an appeal under this section.

• (3) An appeal under this section—

• (a) shall be made by way of summary application;

• (b) shall be lodged with the sheriff clerk within 28 days from the date of receipt of the decision of the appeal committee (which, if posted, shall, unless the contrary is proved, be presumed to have been received on the day after the date on which it was posted, except that a decision posted on a Friday or Saturday shall, unless the contrary is proved, be presumed to have been received on the Monday next following); and

• (c) shall be heard in chambers.

• (4) On good cause being shown, the sheriff may hear an appeal under this section notwithstanding that it was not lodged within the time mentioned in subsection (3) above.

• (5) The sheriff may on an appeal under this section confirm the education authority’s decision if he is satisfied—

• (a) that one or more of the grounds of refusal specified in section 28A(3) of this Act exists or exist; and

• (b) that, in all the circumstances, it is appropriate to do so

but shall otherwise refuse to confirm their decision and shall, where he so refuses, require the authority to give effect to the placing request to which the appeal relates.

• (6) Where the judgment of the sheriff on an appeal under this section is inconsistent with any decision of the education authority (whether confirmed by the appeal committee or not) refusing a placing request to place another child at the same time and at the same stage of education and in the same school as that at and in which the child to whom the judgment relates is to be placed, the education authority shall review their decision so to refuse and shall inform the parent of the other child of their decision upon that review and the reasons for it.

• (7) The decision of an education authority upon a review under subsection (6) above not to reverse their decision to refuse the placing request in respect of the other child may be referred to an appeal committee by the parent of the other child as if the decision upon the review were a decision refusing his placing request and the provisions of this Act relating to references of decisions upon placing requests and appeals thereform (including those relating to appeal committees) shall apply accordingly.

• (8) The sheriff may make such order as to the expenses of an appeal under this section as he thinks proper.

• (9) The judgment of the sheriff on an appeal under this section shall be final.

28G

—Sections 28A to 28F of this Act and Schedule A1 to this Act shall apply in relation to a young person who is a pupil and in that application references in those sections to the parent of a qualifying child as well as references to the qualifying child himself shall be construed as references to the young person.

28H

• (1) Where an education authority decide to exclude a pupil from a school under their management which he attends, the parent of the pupil or, where the pupil is a young person, the pupil may refer the decision to an appeal committee set up under section 28D of this Act.

• (2) An appeal committee may, on a reference under this section, confirm or annul the decision of the education authority excluding the pupil and, in confirming a decision of the authority to exclude a pupil until certain conditions stipulated by them are complied with, the committee may modify the conditions.

• (3) The decision of an appeal committee on a reference under this section and the reasons for it shall be notified by the committee in writing to the parent or, as the case may be, the pupil making the reference and to the education authority.

• (4) A decision of an appeal committee on a reference under this section annulling a decision of an education authority or modifying the conditions subject to which an education authority have excluded a pupil from a school shall be complied with by the authority.

• (5) The Secretary of State may by regulations make provision for procedure in relation to references under this section and regulations made under this subsection may include provision—

• (a) requiring the education authority to make information relevant to their decision available to the appeal committee and to the parent or, as the case may be, pupil referring that decision to the committee;

• (b) deeming, for the purposes of this Act, an appeal committee to have confirmed the education authority’s decision to exclude a pupil from a school under their management which he attends in the event of the appeal committee’s not having complied with subsection (3) above within such period as may be prescribed in the regulations and different periods may be so prescribed for different purposes.

• (6) The decision of an appeal committee confirming an education authority’s decision to exclude a pupil or modifying conditions under subsection (2) above may be appealed against by the parent of the pupil or, where the pupil is a young person, the pupil to the sheriff having jurisdiction where the school from which the pupil has been excluded is situated, and subsections (2), (3), (4), (8) and (9) of section 28F of this Act shall apply to an appeal under this subsection.

• (7) The sheriff may, on an appeal under subsection (6) above, confirm or annul the decision of the education authority excluding the pupil and, in confirming a decision excluding the pupil until certain conditions stipulated by them are complied with, he may modify the conditions.

Information as to schools and pupils

28I

• (1) The Secretary of State may by regulations make provision requiring—

• (a) in respect of every school for the management of which an education authority is responsible, the education authority; and

• (b) in respect of every other school—

• (i) where the school has a board of management, the board of management;

• (ii) in any other case, the managers,

to provide to him and to such persons (including education authorities) as may be prescribed such information as regards the school and pupils attending the school as may be prescribed.

• (2) For the purposes of this section information about the continuing education of pupils leaving a school, or the employment or training taken up by such pupils on leaving, is to be treated as information about the school.

• (3) Where the Secretary of State exercises his power to make regulations under this section he shall do so with a view to making available information which is likely to—

• (a) assist parents in choosing schools for their children;

• (b) increase public awareness of the quality of the education provided by the schools concerned and the educational standards achieved in those schools; or

• (c) assist in assessing the degree of efficiency with which the financial resources of those schools are managed.

• (4) Information which is required by virtue of regulations made under this section shall be provided—

• (a) in such form and manner; and

• (b) on such occasions,

as may be prescribed.

• (5) No information provided in accordance with regulations made under this section shall name any pupil to whom it relates.

• (6) The Secretary of State may—

• (a) publish information provided in accordance with regulations made under this section in such form and manner as he considers appropriate;

• (b) require an education authority to publish such information at such times and in such form and manner as he may specify for the purposes of this section; or

• (c) make arrangements for such information to be published in such form and manner, and by such persons, as he may specify for the purposes of this section.

• (7) The powers given to the Secretary of State by this section and section 28J of this Act may be exercised so as to make different provision in relation to different areas.

• (8) This section and sections 28J and 28K of this Act are not to be taken as restricting, or otherwise affecting, any other powers that the Secretary of State may have to make regulations with respect to, or otherwise require, the provision of information by any person.

• (9) Regulations made under this section and sections 28J and 28K of this Act may make different provision for different cases or classes of case.

• (10) This section does not apply to nursery schools.

28J

• (1) The Secretary of State may make regulations requiring education authorities, boards of management and managers of grant-aided schools to provide to prescribed persons such information or documents or categories of information or documents relating to school education as may be prescribed.

• (2) Information or documents provided in pursuance of regulations made under subsection (1) above shall be provided—

• (a) in such form and manner; and

• (b) on such occasions,

as may be prescribed.

28K

• (1) The Secretary of State may by regulations make provision requiring that such information and reports as may be prescribed as regards pupils attending schools to which this section applies shall be supplied to the parents of such pupils at such times and in such form and manner as may be determined by or in accordance with the regulations.

• (2) This section applies to any school which is not a grant-aided school, an independent school or a nursery school.

• (3) Regulations made under this section may contain provision as to—

• (a) the means of involvement of parents in consideration of such reports; and

• (b) the extent to which any information relating to general standards of performance in examinations or other forms of assessment of any group of pupils shall be supplied to parents of other pupils.

Corporal Punishment

48A

Provision of transport and other facilities.

65A

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65B

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65C

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65D

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65E

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65F

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65G

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66A

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73A

• (1) If the Secretary of State so determines, any function exercisable by him by virtue of regulations made under section 73(f) of this Act shall, to such extent as is specified in his determination, be exercisable instead by such body or person as is so specified.

• (2) A person or body by whom any function is for the time being exercisable by virtue of subsection (1) above shall comply with any direction given by the Secretary of State as to the exercise of that function.

• (3) The Secretary of State may make arrangements for any person or body specified in the arrangements to exercise on his behalf, to such extent as is so specified, any function exercisable by him by virtue of regulations under section 73(a), (c) or (f) of this Act (including any such functions as to appeals).

• (4) Any arrangements made under subsection (3) above shall not prevent the Secretary of State from exercising the function in question himself.

• (5) The Secretary of State may make provision for enabling appeals—

• (a) to be made with respect to such matters arising out of the exercise by any person or body of any function by virtue of subsection (1) or (3) above as he may determine; and

• (b) to be so made to a person or body appointed by him for that purpose.

• (6) The Secretary of State may pay to any person or body by whom any function is exercisable by virtue of subsection (1) or (3) above—

• (a) such amounts as he considers appropriate for the purpose of meeting expenditure incurred or to be incurred by that person or body—

• (i) in making payments, grants or loans by virtue of regulations under section 73(a), (c) or (f) of this Act, or

• (ii) by way of administrative expenses,

in, or in connection with, the exercise of that function;

• (b) in the case of any such person, or of any body with which the Secretary of State has made arrangements under subsection (3) above, such remuneration as he may determine.

• (7) Any payment under subsection (6)(a) above may be made subject to such terms and conditions (including conditions as to repayment) as the Secretary of State may determine.

• (8) The Secretary of State may pay to any person or body appointed by him under subsection (5) such remuneration or administrative expenses (or both) as he may determine.

• (9) In relation to any function which, by virtue of subsection (1) or (3) above is exercisable to a specified extent, references in any other provision of this section to the exercise of that function are accordingly to its exercise to that extent.

• (10) The references in subsections (3) and (6)(a)(i) above to regulations under section 73(a) or (c) of this Act are references to those regulations only in so far as relating to support for persons—

• (a) undertaking; or

• (b) who have undertaken,

courses of education provided by post-16 education bodies.

• (11) In subsection (10) above, “post-16 education bodies” shall be construed in accordance with the Further and Higher Education (Scotland) Act 2005 (asp 6).

73B

• (1) This section applies in relation to regulations under paragraph (f) of section 73 of this Act made with respect to loans.

• (2) Regulations to which this section applies may make provision requiring such amounts as may be prescribed, payable under loans granted by virtue of such regulations, to be paid directly to institutions providing courses of education who have previously made payments of any prescribed description to persons undertaking such courses to whom such loans may be granted.

• (3) Regulations to which this section applies may make such provision as the Secretary of State considers necessary or expedient in connection with the recovery of amounts due from borrowers under loans granted by virtue of such regulations, including provision for—

• (a) imposing on employers, or (as the case may be) such other persons or bodies as may be prescribed, requirements with respect to—

• (i) the making of deductions in respect of amounts so due (or, in any prescribed circumstances, amounts assessed in accordance with the regulations to be so due) from emoluments payable to borrowers,

• (ii) the collection by other means of such amounts,

• (iii) the transmission of amounts so deducted or collected to the Secretary of State in accordance with directions given by him;

• (b) imposing on employers, or such other persons or bodies as may be prescribed, requirements with respect to the keeping and production of records for such purposes as may be prescribed;

• (c) imposing on borrowers requirements with respect to—

• (i) the provision of such information, and

• (ii) the keeping and production of such documents and records,

relating to their income as may be prescribed;

• (d) requiring the payment, by persons or bodies to whom the requirements imposed in pursuance of paragraphs (a) to (c) above apply, of—

• (i) penalties in cases of non-compliance with, or otherwise framed by reference to, such requirements, and

• (ii) interest in respect of periods when such penalties are due but unpaid;

• (e) requiring the payment by borrowers, in respect of periods when amounts due under their loans are unpaid, of—

• (i) interest (applied to such amounts at a rate calculated otherwise than in accordance with subsections (6) and (7) below), or

• (ii) both such interest and one or more surcharges (together with further interest in respect of periods when such surcharges are due but unpaid);

• (f) enabling the Secretary of State to require the reimbursement by borrowers of costs or expenses of any prescribed description incurred by him in connection with the recovery of unpaid amounts;

• (g) applying or extending with or without modification, for purposes connected with the recovery of amounts under regulations to which this section applies, any of the provisions of the Taxes Acts or of “PAYE regulations”;

• (h) determining the priority as between deductions falling to be made by virtue of paragraph (a)(i) above and deductions falling to be made from emoluments payable to borrowers by virtue of other enactments (whenever passed);

• (i) modifying any enactment or instrument (whenever passed or made) so as to provide for the treatment, in connection with any calculation with respect to income (however defined), of amounts due from or payable to such persons under loans granted by virtue of regulations to which this section applies.

• (4) In subsection (3) above—

• (a) “employers” means persons who make payments of, or on account of, income assessable to income tax under Schedule E, and

• (b) “the Taxes Acts” has the same meaning as in the Taxes Management Act 1970.

• (5) Regulations to which this section applies may make provision for the payment, in respect of amounts overpaid by borrowers, of interest at such rate, and calculated in such manner, as may be determined by the Secretary of State from time to time.

• (6) A rate of interest, prescribed by regulations to which this section applies, to be borne by loans shall at no time exceed the rate for the time being specified for the purposes of any exemption conferred by virtue of section 16(5)(b) of the Consumer Credit Act 1974 (exemption of certain consumer credit agreements by reference to the rate of the total charge for credit).

• (7) Subject to subsection (6) above, regulations to which this section applies shall not prescribe a rate of interest to be borne by loans higher than that which the Secretary of State, having regard to such retail prices index as appears to him to be appropriate, is satisfied is required to maintain the value in real terms of the outstanding amounts of such loans.

• (8) Regulations to which this section applies may make provision, for the purpose of calculating the interest to be borne by loans, for repayments by borrowers to be treated as having been made or received on such date or dates as may be prescribed.

• (9) Regulations to which this section applies may prescribe requirements or other provisions which add to or otherwise modify, during the currency of a loan, requirements or other provisions (whether as to repayment or otherwise) which apply in relation to loans granted by virtue of such regulations.

• (10) Regulations to which this section applies may make provision for a borrower not to be liable to make any repayment in respect of a loan—

• (a) during such periods as may be prescribed from time to time, or

• (b) in such circumstances as may be prescribed,

including provision for the cancellation of any further such liability of the borrower in any such circumstances.

• (11) Regulations to which this section applies may make provision for appeals with respect to matters arising under such regulations (including provision for determining, or enabling the determination of, the procedure to be followed in connection with such appeals).

• (12) Regulations to which this section applies may, in relation to a borrower’s discharge under or by virtue of section 137, 138 or 140 of the Bankruptcy (Scotland) Act 2016, make provision for the treatment of any debt or liability to which a borrower is, or may become, subject in respect of sums received, or which he is entitled to receive, before, on or after the date of his sequestration.

• (13) Nothing in this section prejudices the generality of section 73(f) of this Act.

73C

• (1) The Secretary of State may by regulations make such transitional provision and savings in connection with the repeal by the Teaching and Higher Education Act 1998 of the Education (Student Loans) Act 1990 (“the 1990 Act”) as he considers necessary or expedient including—

• (a) provision for any function which has been conferred under or by virtue of the 1990 Act to transfer to, or otherwise become exercisable by—

• (i) the Secretary of State, or

• (ii) such other person or body as may be prescribed,

to such extent as may be prescribed; and

• (b) provision for the transfer to the Secretary of State or any such other person or body of rights or liabilities arising under or by virtue of the 1990 Act.

• (2) Regulations made by virtue of paragraphs (a) and (b) of subsection (1) above may, in particular, provide for—

• (a) any such function to be exercisable in pursuance of such regulations in such modified form as may be prescribed;

• (b) the 1990 Act to have effect with such modifications as may be prescribed.

73D

• (1) This section applies to allowances payable by virtue of section 73(f) of this Act in respect of the fees charged in connection with . . ..

• (2) The Secretary of State may by order made by statutory instrument determine the maximum amount payable in any academic year of allowances to which this section applies in respect of such courses or classes of courses of higher education as may be so determined and, subject to subsection (3) below, a statutory instrument containing an order under this subsection shall be subject to annulment in pursuance of a resolution of either House of Parliament.

• (3) Where the Secretary of State has determined a maximum amount under subsection (2) above, he shall not make a further determination increasing that maximum amount under that subsection unless—

• (a) he is satisfied that the increase is no greater than is required to maintain the allowance’s value in real terms; or

• (b) a draft of the order containing the further determination has been laid before, and approved by a resolution of, each House of Parliament.

• (4) For the purposes of subsection (3)(a) above the Secretary of State shall have regard to such retail prices index as appears to him to be appropriate.

• (5) In subsection (2) above, “courses of higher education” means courses of higher education falling within section 38 of the Further and Higher Education (Scotland) Act 1992.

73E

• (1) This section applies to any information which is held—

• (a) by the Commissioners of Inland Revenue, or

• (b) by a person providing services to those Commissioners and in connection with the provision of those services.

• (2) Information to which this section applies may be supplied to—

• (a) the Secretary of State or the Department of Education for Northern Ireland,

• (b) any person or body acting on behalf of the Secretary of State or that Department under the delegation of functions provisions, or

• (c) any person or body by whom any function of the Secretary of State or that Department is for the time being exercisable to any extent by virtue of the transfer of functions provisions,

for the purpose of enabling or assisting the recipient to exercise any function in connection with the operation of the student loans scheme.

• (3) Information supplied under subsection (2) above shall not be supplied by the recipient to any other person or body unless it is supplied—

• (a) to a person or body to whom it could have been supplied under that subsection, or

• (b) for the purposes of any civil or criminal proceedings arising out of the student loans scheme.

• (4) Subsections (2) and (3) above extend only to the supply of information by or under the authority of the Commissioners of Inland Revenue.

• (5) This section does not limit the circumstances in which information may be supplied apart from this section.

• (6) In this section—

• (a) “ the delegation of functions provisions ” means section 73A(3) of this Act or section 23(4) of the Teaching and Higher Education Act 1998;

• (b) “ the transfer of functions provisions ” means section 73A(1) of this Act or section 23(1) of the Teaching and Higher Education Act 1998; and

• (c) “ the student loans scheme ” means the provisions of—

• (i) regulations under section 73(f) of this Act with respect to loans; or

• (ii) regulations under section 22 of the Teaching and Higher Education Act 1998 so far as having effect in relation to loans under that section;

and in this subsection any reference to a provision of this Act includes a reference to any corresponding Northern Ireland legislation.

75A

• (1) The Secretary of State shall, subject to subsections (1A) and (1B) below, operate a scheme whereby—

• (a) participating schools remit fees that would otherwise be chargeable in respect of pupils admitted to assisted places under the scheme; and

• (b) the Secretary of State reimburses the schools for the fees that are remitted.

• (1A) The Secretary of State shall operate a scheme such as is described in subsection (1) above only in relation to any pupil admitted to an assisted place under such a scheme prior to the beginning of the first term of the 1997-98 school year where the pupil will be in attendance at the school concerned—

• (a) at the beginning of that term; or

• (b) after the beginning of that term but before the end of that school year, and where it appears to the Secretary of State that it is reasonable, in view of any particular circumstances relating to that pupil, that he should be permitted to take advantage of that place after the beginning of that term,

and, for the purposes of this section, “ 1997-98 school year ” means the period of twelve months beginning on 1st August 1997.

• (1B) A pupil holding an assisted place who is receiving primary education during the 1997-98 school year shall cease to hold that place—

• (a) at the end of the school year in which he completes his primary education; or

• (b) if the Secretary of State, where he is satisfied that it is reasonable to do so in view of any particular circumstances relating to that pupil, decides that he should continue to hold that place for a further period during which he receives secondary education, at the end of that period.

• (2) In this section references to a participating school are references to any grant-aided or independent school providing secondary education which the Secretary of State has determined, prior to the coming into force of this subsection, to be a participating school for the purposes of the scheme.

• (3) A determination under subsection (2) above—

• (a) shall state the maximum annual amount allocated by the Secretary of State to the school under the scheme including the maximum annual amount so allocated for the purposes of section 75B of this Act; and

• (b) may contain such conditions as the Secretary of State thinks fit in addition to those prescribed under subsection (9) below.

• (4) The Secretary of State may alter—

• (a) the maximum annual amount referred to in subsection (3)(a) above; or

• (b) the conditions referred to in subsection (3)(b) above,

by written notification to the school concerned.

• (5) A participating school shall comply with any conditions contained in a determination under subsection (2) above and with any condition or obligation prescribed under subsection (9) below.

• (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (7) The fees in relation to which the scheme is to have effect shall be—

• (a) tuition and other fees the payment of which is a condition of attendance at a participating school but excluding—

• (i) boarding fees; and

• (ii) such other charges, if any, as may be prescribed by regulations; and

• (b) entrance fees for public examinations paid by a participating school in respect of candidates from the school.

• (8) If the Secretary of State is of the opinion that any fee which falls to be remitted in whole or in part under a scheme established and operated under this section is excessive, he may substitute for such fee such other amount as he considers appropriate.

• (9) The Secretary of State shall by regulations prescribe—

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (c) the conditions subject to which, the extent to which, and the arrangements in accordance with which, fees are to be remitted by participating schools;

• (d) the time and manner in which participating schools are to claim and receive reimbursements from the Secretary of State;

• (e) conditions to be complied with by participating schools with respect to . . . the fees to be charged, the keeping and auditing of accounts and the furnishing of information to the Secretary of State; and

• (f) such other matters as appear to him to be requisite for the purposes of the scheme.

• (9A) Regulations under this section may—

• (a) provide for the discharge of any future liabilities of the Secretary of State to make reimbursements of fees by way of lump sum payments; . . .

• (b) provide for the Secretary of State, in a case where a participating school—

• (i) merges with another school;

• (ii) closes (whether wholly or in part); or

• (iii) notifies the Secretary of State that it no longer wishes to provide assisted places,

• (c) provide for the Secretary of State, in a case where he is satisfied that it is reasonable to do so in view of any particular circumstances relating to a pupil who holds (or has, at any time since the beginning of the first term of the 1997-98 school year, held) an assisted place at a school under a scheme operated by virtue of subsection (1) above, to authorise another school which is, or is treated as, a participating school to provide for the pupil under such a scheme the assisted place which the first-mentioned school was authorised to provide.

• (9B) Without prejudice to his duty to operate a scheme under subsection (1) above in respect of pupils such as are mentioned in subsection (1A) above, the Secretary of State may by regulations make such provision as he considers necessary for or in relation to the ending of the scheme.

• (9C) Regulations made under this section or section 75B of this Act may make different provision for different cases, circumstances or areas and may contain such incidental, supplemental, saving or transitional provisions as the Secretary of State thinks fit.

• (10) Regulations under subsection (9) above may authorise the Secretary of State to make provision for any purpose specified in the regulations.

• (11) Before making regulations under subsection (9) above the Secretary of State shall consult such bodies as appear to him to be appropriate and to be representative of participating schools.

• (12) Regulations made under subsection (9)(c) above shall be reviewed by the Secretary of State in consultation with such bodies as appear to him to be appropriate and to be representative of participating schools—

• (a) not later than two years after the date on which the first such regulations are made; and

• (b) thereafter at intervals not exceeding two years.

• (13) Except where the context otherwise requires, references in this section and section 75B of this Act to a school include references to the proprietors and managers of the school; and references in this section to an independent school are references to an independent school which is—

• (a) a registered school; and

• (b) conducted only for charitable purposes within the meaning of section 122(1) of this Act.

75B

• (1) The Secretary of State may by regulations require or enable or make provision for requiring or enabling any school participating in the scheme referred to in section 75A of this Act to make grants in respect of such expenses, including such travelling expenses, and to remit such charges, as may be specified in the regulations and to make such provision of meals or other refreshment or of facilities for the consumption of meals or other refreshment and such provision of clothing as the school making the provision considers appropriate, being expenses, charges or provision in respect of matters incidental to or arising out of the attendance at the school of pupils holding assisted places under the scheme.

• (2) Regulations made under this section may require or enable or make provision for requiring or enabling any school providing meals or other refreshment under subsection (1) above to make such charges as it thinks fit for any such meal or other refreshment except where it is provided by virtue of subsection (4) below.

• (3) Regulations under this section shall provide that, within the maximum amount stated under section 75A(3) of this Act, any amounts granted or remitted by a school and expenditure incurred by them by or under the regulations shall be reimbursed to the school by the Secretary of State.

• (4) The Secretary of State shall exercise his power to make regulations under this section so as to ensure that, in relation to any pupil whose parents are in receipt of supplementary benefit or family income supplement, such provision is made for that pupil in the middle of the day as appears to the school to be requisite.

• (5) Regulations under this section may in particular prescribe—

• (a) the conditions subject to which, the extent to which, and the arrangements in accordance with which, grants and remissions are to be made and meals, other refreshment, facilities for the consumption thereof and clothing are to be provided;

• (b) whether a charge is to be remitted in whole or in such part as may be prescribed in the regulations;

• (c) the time and manner in which schools are to claim and receive reimbursement from the Secretary of State.

• (6) Regulations under this section may authorise the Secretary of State to make provision for any purpose specified in the regulations.

87A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

87B

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Pay and conditions of teaching staff employed in providing school education

Provisions common to the two committees

97A

97B

97C

97D

98A

• (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; andin 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.

108A

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.

Income plans under schemes.

118A

• (1) Any provision of a scheme referred to in subsection (2) below which (however expressed) empowers or requires the governing body of the endowment to which the scheme relates—

• (a) to prepare and submit for the approval of the Secretary of State a plan, a revised plan or an amendment of a plan for the exercise by the governing body of their functions in relation to the application of the income of the endowment; or

• (b) to give effect to such a plan or amendment as approved by the Secretary of State,

shall be of no effect.

• (2) This section applies to any scheme made or approved under the Acts of 1928 to 1935, Part VI of the Act of 1946, Part VI of the Act of 1962, or this Part of this Act.

Children and young persons in accommodation

125A

Where, for the purposes of his being in attendance at a school, a child or young person is provided with residential accommodation, in a place in or outwith that school, by—

• (a) an education authority ... or the managers of a grant-aided or independent school; or

• (b) by any other person in pursuance of arrangements made by any such authority ... or managers,

the authority ... or managers in question shall have the duty to safeguard and promote the welfare of the child or young person while he is so accommodated ....

131A

• (1) Nothing in this Act shall prejudice any capacity of a child enjoyed by virtue of section 2(4) of the Age of Legal Capacity (Scotland) Act 1991 (c.50) (capacity of child with sufficient understanding to consent to surgical, medical or dental procedure or treatment); and without prejudice to that generality, where under or by virtue of this Act a child is required to submit, or to be submitted, to any medical or dental examination, inspection or treatment but the child has the capacity mentioned in the said section 2(4), the examination, inspection or treatment shall only be carried out if the child consents.

• (2) In subsection (1) above, without prejudice to the generality of the expression in question, “medical examination” includes an examination under section 58 of this Act and “medical treatment” includes cleansing under that section.

SCHEDULE A1

1

An appeal committee set up under section 28D(1) of this Act shall be constituted in accordance with this Schedule.

2

An appeal committee shall consist of 3, 5 or 7 members nominated by the authority from among persons appointed by the authority under this Schedule; and sufficient persons may be appointed to enable 2 or more appeal committees to sit at the same time.

3

The persons appointed shall comprise—

• (a) members of the authority or of any committee appointed by the authority whose purposes include advising the authority on any matter relating to the discharge of any of their functions as education authority or discharging any of those functions on behalf of such authority; and

• (b) persons who are not members of the authority or of any such committee but are—

• (i) parents of children of school age;

• (ii) persons who in the opinion of the authority have experience in education; or

• (iii) persons who in the opinion of the authority are acquainted with the educational conditions in the area of the authority;

but shall not include any person employed by the authority in an administrative or advisory capacity as respects the discharge of their education functions..

4

The members of an appeal committee who are members of the authority or of any committee such as is mentioned in paragraph 3 above shall not outnumber the other members of the appeal committee by more than one.

5

A person who is a member of any committee such as is mentioned in paragraph 3 above shall not be chairman of an appeal committee.

6

A person shall not be a member of an appeal committee for the consideration of a reference of a decision if he was among those who made the decision or took part in or was present at discussions as to whether the decision should be made.

7

A person who is—

• (a) a teacher at a relevant school (within the meaning of paragraph 8 below);

• (b) a pupil at such a school;

• (c) a parent of a pupil at such a school; or

• (d) a member of a Parent Council or Combined Parent Council having functions in relation to such a school

shall not be a member of an appeal committee for consideration of a reference involving a question whether a child is to be placed in the specific school or excluded from the relevant school.

8

For the purposes of paragraph 7 above, “relevant school” means in relation to a reference to the appeal committee—

• (a) the school which the child to whom the placing request relates attends;

• (b) the specified school;

• (c) the school which the education authority propose that the child to whom the placing request relates should attend;

• (d) a school from which pupils are normally transferred to the school referred to in sub-paragraph (b) or (c) above; or

• (e) the school from which the pupil has been excluded.

9

An appeal committee constituted in accordance with this Schedule shall be included in the bodies to which sections 45(4) and 46 of the Local Government (Scotland) Act 1973 (allowances) apply.

SCHEDULE A2

1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

6

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 1A

1

The proprietors or managers of a participating school may request the Secretary of State to revoke the determination by giving him three years written notice or such shorter notice as he may in any particular case accept.

2

On the expiry of the period of notice referred to in paragraph 1 above the Secretary of State shall revoke the determination.

3

Subject to paragraph 4 below, the Secretary of State may revoke a determination in respect of a school by giving three years written notice to the proprietors or managers of the school.

4

• (1) If the Secretary of State—

• (a) is not satisfied that appropriate educational standards are being maintained at a participating school; or

• (b) is satisfied that any condition applying to the school by virtue of a determination or regulations made under section 75A or 75B of this Act has been contravened, or that any obligation applying to the school by virtue of such regulations has not been complied with,

he may at any time revoke the determination by written notice to the proprietors or managers of the school.

• (2) A notice of revocation of a determination given under this paragraph may provide that it shall be treated as of no effect if the proprietors or managers of the school satisfy the Secretary of State within such time as may be specified in the notice that they have complied with any condition specified therein.

5

A notice of revocation of a determination given under paragraph 3 or 4 above shall contain a statement of the reasons for which it is given.

6

Revocation of a determination shall not affect the operation of—

• (a) the determination;

• (b) the scheme in relation to which the determination was made; or

• (c) any regulations made under section 75A or 75B of this Act,

in relation to any pupil holding an assisted place at the school on the date of the revocation.

SCHEDULE 1B

Procedure

1

The committee may, from time to time—

• (a) appoint from among its own members, a sub-committee—

• (i) to discharge such of the functions of the committee as the committee may specify; or

• (ii) to advise the committee on any matter relating to the discharge of the functions of the committee:

• (b) appoint a chairman from among its own members and revoke the appointment of his predecessor, if any;

• (c) subject to the provisions of this Act, make, vary or revoke standing orders—

• (i) regulating the quorum, procedure and place of meeting of the committee or of any of its sub-committees; or

• (ii) regulating the manner in which any dispute relating to procedure, or the interpretation of standing orders made under this sub-paragraph or the following paragraph, is to be resolved;

but subject to any such standing orders and to the provisions of this Act the quorum, procedure and place of meeting of the committee or of any of its sub-committees shall be such as the committee, or in respect of itself the sub-committee, may determine.

2

Subject to any standing orders made under paragraph 1(c) above by the committee, a sub-committee appointed under paragraph 1(a) above may from time to time do anything in respect of itself that the committee may, under paragraph 1(b) or (c)(i) above, do in respect of the committee; but the power which the committee has under paragraph 1(c) above to vary or revoke standing orders shall include the power to vary or revoke standing orders made by any of its sub-committees.

General powers

3

Subject to the provisions of this Act, the committee or any of its sub-committees shall have power to do anything (whether or not involving the expenditure or borrowing of money) which is calculated to facilitate, or is conducive or incidental to, the discharge of any of its functions.

4

Without prejudice to the generality of paragraph 3 above, the powers conferred by that paragraph shall, in relation to the committee, include the power to—

• (a) employ servants or agents;

• (b) acquire or dispose of any property or rights;