Education (Scotland) Act 1981

• (ii) for the words from “intimate” to the end there shall be substituted the words “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.”; and

• (b) subsection (2) shall be renumbered section 108A (Court’s power to give effect to reorganisation scheme on petition of Lord Advocate) and in that section—

• (i) for the words “subsection (1) above” there shall be substituted the words “section 108 of this Act ”;

• (ii) for the words “framed” and “frame” there shall be substituted respectively the words “made” and “make”; and

• (iii) the words from “which is not ” to “Act ” shall be omitted.

8

In section 109 (provisions regarding interests of individuals), in subsection (1) for the words “the Secretary of State” there shall be substituted the words “made under this Part of this Act, the education authority or, as the case may be, the Court”.

9

In section 110 (provisions as to beneficiaries of endowments and teachers)—

• (a) for the words “Secretary of State”, wherever occurring, there shall be substituted the words “education authority ”;

• (b) in subsection (1)—

• (i) for the words “framing a” there shall be substituted the words “preparing a draft ”;

• (ii) in paragraph (a) after the word “to” there shall be inserted the words “educational need”; and

• (iii) in paragraph (b), for the words “where he considers it expedient to do so” there shall be substituted the words “unless in any particular case they consider it inexpedient to do so,”;

• (c) for the words from the beginning of subsection (2) to “the scheme” where occurring in the proviso to that subsection there shall be substituted the words “Every scheme for an educational endowment ”;

• (d) subsection (3) shall be omitted; and

• (e) in subsection (4), after the word “scheme” there shall be inserted the words—

(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,

.

10

In section 111 (accounts and audit of educational endowments)—

• (a) in subsection (1), the words “in such manner as the Secretary of State may prescribe”, in subsection (2), the words from “in such form” to the end, in subsection (3), the words from “with the approval” to “Privy Council” and subsections (4) and (5) shall be omitted; and

• (b) in subsection (6), for the words from the beginning to “applies” there shall be substituted the words “The governing body of each endowment to which this section applies shall make the audited accounts of that endowment”.

11

In section 112 (procedure in preparation of reorganisation schemes)—

• (a) in subsection (1)—

• (i) for the words “the Secretary of State”, where first occurring, there shall be substituted the words “an education authority”;

• (ii) for paragraph (b) and the word “and” immediately preceding it there shall be substituted the following paragraphs—

(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;

;

• (iii) for the words from “from” to “scheme” there shall be substituted the words “the first notice of the draft scheme given by the authority under paragraph (b) above”; and

• (iv) for the words “Secretary of State”, where secondly occurring, there shall be substituted the words “education authority ”;

• (b) after subsection (1) there shall be inserted the following subsections—

(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.

;

• (c) in subsection (2)—

• (i) for the words from “him” to “statutory instrument” there shall be substituted the words “them, the education authority may, by resolution of the authority authorising their proper officer to sign the scheme on their behalf,”;

• (ii) for the word “published” there shall be substituted the words “of which notice has been given”; and

• (iii) at the end there shall be inserted the words “and on doing so shall notify the date of commencement of the scheme to the governing body of the endowment.”;

• (d) in subsection (3)—

• (i) for the words “him, the Secretary of State” there shall be substituted the words “them, the education authority ”;

• (ii) after the word “amendments” there shall be inserted the words “, 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”;

• (iii) for the words “he thinks”, where twice occurring, there shall be substituted the words “they think ”; and

• (iv) for the words “frame a” there shall be substituted the words “, by resolution of the authority authorising their proper officer to sign the scheme on their behalf, make the”;

• (e) after subsection (3) there shall be inserted the following subsections—

(3A) Schedule 10 to 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.

;

• (f) in subsection (4)—

• (i) for the words “the Secretary of State frames” there shall be substituted the words “an education authority make”.

• (ii) for the word “he”, where first occurring, there shall be substituted the word “they ”;

• (iii) for the word “his”, where twice occurring, there shall be substituted the word “their ”;

• (iv) for paragraphs (c) and (d) there shall be substituted the following paragraph—

(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.

;

• (g) for subsection (5) there shall be substituted the following subsections—

(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.

;

• (h) subsection (6) shall be omitted;

• (i) for subsection (7), there shall be substituted the following subsection—

(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.

;

• (j) in subsection (8)—

• (i) for the words from “Secretary of State” to “he thinks”, where secondly occurring, there shall be substituted the words “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 ”; and

• (ii) for the word “framed”, where twice occurring, there shall be substituted the word “made”; and

• (k) in subsection (9)—

• (i) for the words “the Secretary of State causes” there shall be substituted the words “an education authority cause”;

• (ii) for the word “published” there shall be substituted the word “publicised”; and

• (iii) for the words “he” and “his” there shall be substituted respectively the words “they ” and “their ”.

12

Section 113 (procedure in preparation of certain re-organisation schemes) shall be omitted.

13

In section 114 (effect of schemes)—

• (a) in subsection (1)—

• (i) for the word “approved” there shall be substituted the words “given effect to”;

• (ii) the words from “come” to “shall”, where secondly occurring, shall be omitted; and

• (iii) for the words “said date” there shall be substituted the words “date of commencement of the scheme”:

• (b) in subsection (2)—

• (i) for the words from the beginning to “approving” there shall be substituted the words “An instrument containing or giving effect to”;

• (ii) after the word “shall”, where first occurring, there shall be inserted the words “, from the date of commencement of the scheme,”; and

• (iii) after the word “not” there shall be inserted the words “, from the said date,”; and

• (c) after subsection (2) there shall be inserted the following subsection—

(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.

.

14

Sections 115 (schemes for small endowments) and 116 (amending schemes) shall be omitted.

15

In section 117 (costs of publishing scheme etc.)—

• (a) for the word “publishing” there shall be substituted the word “publicising”; and

• (b) the proviso shall be omitted.

16

For section 118 (reports by governing bodies) there shall be substituted the following section—

(118) Every governing body of an endowment to which section 105 of this Act extends shall give such information to the education authority having power under that section to prepare a scheme for the future government and management of the endowment as the authority may from time to time require.

.

17

After section 118 there shall be inserted the following section—

(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.

.

18

In section 120 (default by governing body)—

• (a) at the beginning there shall be inserted “(1)”;

• (b) after the word “endowment” there shall be inserted the words “to which section 105 of this Act does not extend”;

• (c) after the words “Part of this Act” there shall be inserted the words “prior to the commencement of section 15 of the Education (Scotland) Act 1981”; and

• (d) at the end there shall be inserted the following subsection—

(2) In relation to any educational endowment to which section 105 of this Act extends, subsection (1) above shall apply— (a) with the omission of the words “to which section 105 of this Act does not extend” and the words “prior to the commencement of section 15 of the Education (Scotland) Act 1981”; and (b) with the substitution for the words “Secretary of State after such inquiry as he” of the words “education authority having power under section 105 of this Act to prepare a draft scheme for the future government and management of the endowment, after such inquiry as they”.

19

In section 121 (judgment of Court of Session final)—

• (a) in paragraph (a), after the word “Court” there shall be inserted “other than one giving effect under section 105(4) of this Act to a draft scheme for the future government and management of an endowment or the Carnegie Trust”; and

• (b) the words “(including the expenses of the Secretary of State)” in paragraph (b) and the proviso to that paragraph shall be omitted.

20

In section 122 (interpretation) for the words “Secretary of State” in subsection (2) there shall be substituted the words “Court of Session”.

SCHEDULE 7

The Teaching Council (Scotland) Act 1965

1

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

2

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

The Education (Scotland) Act 1980

3

In section 16(2) of the principal Act (conveyance of transferred denominational school)—

• (a) after the word “effected” there shall be inserted the word “(a)”,

• (b) after the word “sasines” there shall be inserted the words—

; or (b) where— (i) the interest in the land to be transferred is registrable under the Land Registration (Scotland) Act 1979; or (ii) the transference itself is so registrable, by registration under that Act

; and

• (c) at the end there shall be inserted the words “or, as the case may be, registration”.

4

In section 22(1) of that Act (discontinuance and moves of educational establishments) the words from “and to” to “thereto” and the words “with the sanction of the Secretary of State” shall cease to have effect.

5

In section 23(1) of that Act (power to provide education for pupils belonging to areas of other authorities) there shall be inserted at the end the words “or of a local education authority in England and Wales”.

6

In section 23(3) of that Act (areas to which classes of pupils are deemed to belong) after the words “this section” there shall be inserted the words “and sections 1(5)(c) and (d), 28A(1) (as it has effect under Schedule A2 to this Act), 50, 51 and 60 to 65F of this Act.”.

7

After section 23(6) of that Act, there shall be inserted the following subsection—

(6A) Nothing in this section affects the duty under section 28A of this Act or that section as it has effect under Schedule A2 to this Act of an education authority to place a child in accordance with a placing request or authorises them to decline to make for the pupil to whom the placing request relates such provision of school education as is mentioned in subsection (1) above.

.

SCHEDULE 8

1

Any reference in any enactment or other instrument passed or made before the commencement of section 4 of this Act to special education shall be construed as a reference to provision for special educational needs made in special schools.

2

During any period—

• (a) after the date of the coming into force of the provision of section 1(1) of this Act inserting into the principal Act the provision which becomes paragraph (d) of section 28A(3) of that Act; but

• (b) before the date when section 4 of this Act comes into force,

there shall be substituted for the said paragraph (d) the following paragraph—

(d) if the specified school is a special school and the child has not been ascertained as requiring special education;

.

3

During any period—

• (a) after the date of the coming into force of the provision of section 1(1) of this Act inserting into the principal Act the provisions which become sections 28C and 28E of that Act; but

• (b) before the date when section 4 of this Act comes into force,

the said sections 28C and 28E shall not apply in respect of a decision of an education authority refusing a placing request made in respect of a child who has been ascertained as requiring special education.

4

During the period of three years beginning with the date when section 4 of this Act comes into force—

• (a) a child who has before that date been ascertained under the principal Act as originally enacted as requiring special education or to whom a decision referred to in paragraph 4 of Schedule 3 to that Act (transitional provisions) relates shall be deemed for the purposes of the provisions of that Act substituted by this Act to be a recorded child until the education authority shall have, in compliance with sub-paragraph (b) below, reached a decision on whether or not to record him;

• (b) notwithstanding that a child is deemed under sub-paragraph (a) above to be a recorded child, the education authority shall perform their duties under sections 60 to 62 of the principal Act as substituted by section 4 of this Act in relation to him as if he were not a recorded child;

• (c) sections 63 and 64 of the principal Act and section 61 of that Act as applied by section 63 thereof, all as originally enacted, shall have effect subject to such modifications as the Secretary of State may prescribe by regulations made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament;

• (d) sections 28C, 28E and 28F of the principal Act and sections 63 to 65 of the principal Act as substituted by this Act shall not apply in relation to a child who is deemed under sub-paragraph (a) above to be recorded.

5

Any consultation made or other thing done by an education authority for the purposes of their functions under Part I of the principal Act before the making of regulations under section 22A(2) of the principal Act which would if made or done after the making of those regulations be consultation for the purposes of section 22A(1) of the principal Act or part of the process of such consultation shall be deemed to be such consultation or, as the case may be, a part of the process of such consultation.

6

Any—

• (a) appointment made under paragraph (e) of subsection (4) of section 129 of the principal Act;

• (b) other thing done under that paragraph

which could be made or done under a provision of that section as amended by this Act shall, notwithstanding the repeal of that paragraph by this Act, be as valid as if made or done under that provision.

7

Any expression used in this Schedule and in the principal Act shall in this Schedule have the same meaning as it has in that Act.

SCHEDULE 9

Duty of education authority to comply with parents’ requests as to schools.

Registration of independent schools: offences.

Appeal Committees

Application of Certain Provisions of this Act to Recorded Children and Young Persons

Editorial notes