The Self-Governing Schools (Change in Characteristics) (Scotland) Regulations 1994

Made: 24th February 1994

Laid before Parliament: 11th March 1994

Coming into force: 1st April 1994

The Secretary of State, in exercise of the powers conferred on him by sections 30(7)(a) and 80(1) of, and paragraphs 1 and 4(b) of Schedule 7 to, the Self-Governing Schools etc. (Scotland) Act 1989[^f00001], and of all other powers enabling him in that behalf, hereby makes the following Regulations:

Citation, commencement and interpretation

1

• (1) These Regulations may be cited as the Self-Governing Schools (Change in Characteristics) (Scotland) Regulations 1994, and shall come into force on 1st April 1994.

• (2) In these Regulations, “the Act” means the Self-Governing Schools etc. (Scotland) Act 1989.

Prescribed body

2

Electoral Reform (Ballot Services) Limited, whose registered office is at Independence House, 33 Clarendon Road, London N8 ONW, are hereby prescribed for the purposes of paragraph 1 of Schedule 7 to the Act.

Prescribed information

3

The information to be given to each person who is eligible to vote in a ballot held in accordance with section 30 of the Act shall, for the purposes of paragraph 4(b) of Schedule 7 to the Act, be the information set out in the Schedule hereto.

Manner of publication of proposals

4

• (1) For the purposes of section 30(7)(a) of the Act, proposals for a change in the characteristics of a self-governing school shall be published by—

• (a) causing to be inserted in a local newspaper circulating in the area served by the school a notice, stating—

• (i) that proposals for a change in the characteristics of the school have been submitted to the Secretary of State, and that the proposals may be inspected at the places specified, being the places where they are deposited under sub-paragraph (b) of this paragraph, during the period of 3 months beginning with the date of publication of the notice; and

• (ii) that representations may be made to the Secretary of State, before the end of that period of 3 months; and

• (b) depositing copies of the proposals on the date of publication of the notice—

• (i) at the school; and

• (ii) if the appropriate library authority have consented, in any public library within the area served by the school;

and making them available there for reference on request during normal working hours on any working day during the period of 3 months beginning with the date of publication of the notice.

• (2) The board of management shall take all reasonable steps to obtain the consent referred to in paragraph (1)(b)(ii) of this regulation.

SCHEDULE — INFORMATION TO BE PROVIDED TO THOSE ELIGIBLE TO VOTE IN A BALLOT REGARDING A CHANGE IN CHARACTERISTICS OF A SELF-GOVERNING SCHOOL

1

An explanation as to why a ballot, or in the case of a ballot held by virtue of section 15 of the Act, a fresh ballot, is being held, which in the case of a fresh ballot required by a notice under section 15(1) of the Act shall repeat the reasons given in the notice by the Secretary of State for declaring the earlier ballot void.

2

A summary of the change in characteristics being sought, of the reasons for seeking such change, and of the effect which the board of management seeking the change would expect such a change to have on the school.

3

A summary of the provisions of section 30 of the Act relating to the procedure for seeking a change in the characteristics of a self-governing school, which shall include an explanation of—

• (a) the procedure for the holding of a ballot in accordance with that section, and the eligibility of persons to vote in such a ballot;

• (b) the circumstances in which proposals for a change in the characteristics of a self-governing school require to be published and submitted to the Secretary of State; and

• (c) the role of the Secretary of State in respect of the rejection, or approval, with or without modifications, of any such proposals, and the effect of any such rejection or approval.

Signed

James Douglas-Hamilton — Parliamentary Under Secretary of State, Scottish Office — 24th February 1994

Explanatory note

(This note is not part of the Regulations)

These Regulations make provision in respect of the holding of a ballot of parents of pupils in attendance at a self-governing school on the question of whether a change in the characteristics of the school should be sought under section 30 of the Self-Governing Schools etc. (Scotland) Act 1989. They also provide for the manner of publication of proposals for a change in characteristics where the result of the ballot has been in favour of such change.

Regulation 2 prescribes Electoral Reform (Ballot Services) Limited as the body which is to have the function of making all necessary arrangements for the holding of a ballot.

Regulation 3 prescribes the information to be given to each person who is eligible to vote in a ballot.

Regulation 4 prescribes the manner in which proposals for a change in the characteristics of a self-governing school are to be published by the board of management of a self-governing school.

Footnotes

[^f00001]: 1989 c. 39; section 80(1) contains the definition of “prescribed” relevant to the exercise of the statutory powers under which these Regulations are made.