Section 17 Grounds for call-in etc.I1

Scotland

(1)

The Scottish Ministers may issue a call-in notice only if subsection (2) applies.

(2)

This subsection applies where it appears to the Scottish Ministers that the education authority may have failed—

(a)

in a significant regard to comply with the requirements imposed on it by (or under) this Act so far as they are relevant in relation to the closure proposal, or

(b)

to take proper account of a material consideration relevant to its decision to implement the proposal.

(3)

The education authority must provide the Scottish Ministers with such information in connection with a closure proposal as they may reasonably require of it for the purposes of their consideration of—

(a)

whether to issue a call-in notice, F1...

F2(b)

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

F3(3A)

F4The Chief Inspector must provide the Scottish Ministers with such advice as to the educational aspects of a closure proposal as the Scottish Ministers may reasonably require of F5the Chief Inspector for the purpose of the Scottish Ministers' consideration of whether to issue a call-in notice.

(4)

In this Act, a “call-in notice” is one issuable by the Scottish Ministers under section 15(3).

Annotations

Textual amendments

F1: Word in s. 17(3) repealed (30.3.2015) by Children and Young People (Scotland) Act 2014 (asp 8), ss. 81(3)(a)(i), 102(3); S.S.I. 2015/104, art. 2 (with art. 3)
F2: S. 17(3)(b) repealed (30.3.2015) by Children and Young People (Scotland) Act 2014 (asp 8), ss. 81(3)(a)(ii), 102(3); S.S.I. 2015/104, art. 2 (with art. 3)
F3: S. 17(3A) inserted (1.8.2014) by Children and Young People (Scotland) Act 2014 (asp 8), ss. 81(3)(b), 102(3); S.S.I. 2014/165, art. 2, Sch.
F4: Words in s. 17(3A) substituted (1.3.2026) by Education (Scotland) Act 2025 (asp 11), s. 66(2), sch. 4 para. 24(9)(a); S.S.I. 2026/2, reg. 2(4)(5), sch. Pt. 2 (with reg. 9)
F5: Words in s. 17(3A) substituted (1.3.2026) by Education (Scotland) Act 2025 (asp 11), s. 66(2), sch. 4 para. 24(9)(b); S.S.I. 2026/2, reg. 2(4)(5), sch. Pt. 2 (with reg. 9)

Commencement

I1: S. 17 in force at 5.4.2010 by S.S.I. 2010/70, art. 2