Explanatory note

These Regulations make a number of minor amendments to the Education (Publication and Consultation Etc.) (Scotland) Regulations 1981, to clarify their meaning or remove procedural difficulties. They also remove the need to consult for two kinds of proposals and ensure that the Secretary of State’s consent is never required to discontinuing a nursery school or nursery department in a school.

Regulation 2 clarifies what is meant by “stage of education” in the 1981 Regulations.

Regulation 3 makes a number of changes to the provisions of the 1981 Regulations as to consultation procedure. It is made clear that a single consultation can be carried out in respect of several proposals, including alternative proposals, and that where one alternative is then chosen there is no need to consult further. The regulation makes it clear that obligations to give or make available full details of a proposal can be fulfilled by giving or making available a copy of the report to the education authority which formed the basis of the proposal, and allows certain confidential information to be excluded from the copy report. It makes it clear that education authorities have the option in the notification to parents of the proposal to specify more than one address to which parents can submit representations. It ensures that the timetable for consultation with parents shall run from one day after notification is issued, irrespective of whether any parent actually receives notification later.

Regulation 4 ensures similarly that the timetable for consultation relating to a denominational school with a person authorised by the interested church or denominational body shall run from one day after the day when full details were given, irrespective of whether the person actually received the details later.

Regulation 5 removes the requirement to consult in respect of proposals to fix a maximum number of pupils for a school or stage of education in a school, or to vary any such number.

Regulation 6 amends the provisions requiring the consent of the Secretary of State to certain proposals to make it clear that they do not apply to nursery schools or nursery departments in schools.