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Self-Governing Schools etc. (Scotland) Act 1989

1989 c. 39 · Enacted 16 November 1989 · Extends to Scotland

Up to date with all changes known to legislation.gov.uk, revised to 2 April 2012.

An Act to make provision as regards the acquisition of self-governing status by certain public schools in Scotland; to make further provision as regards education in Scotland; and for connected purposes.

[16th November 1989]

C1Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Annotations to the whole text

Modifications

C1

Act applied (16. 5. 1992) by Further and Higher Education (Scotland) Act 1992 (c. 37), s. 36(3) (with s. 30(2)); S.I. 1992/817, art. 3(2), Sch.1.

Contents

  1. Part I: Self-Governing Schools Repealed
  2. Duty to maintain self-governing schools Repealed
  3. 1Duty of Secretary of State to maintain self-governing schools. Repealed
  4. Government Repealed
  5. 2Scheme of government. Repealed
  6. 3The board of management and the articles of constitution. Repealed
  7. 4Members’ tenure of office. Repealed
  8. 5Qualification for and disqualification from membership of a board of management. Repealed
  9. 6Proceedings of board of management. Repealed
  10. 7Powers and duties of board of management. Repealed
  11. 8Execution of documents. Repealed
  12. 9Reports and parents’ meetings. Repealed
  13. Parental rights et ceteralaetc. Repealed
  14. 10Rights of parents in relation to individual pupils. Repealed
  15. Fees, charges, books, et ceteralaetc. Repealed
  16. 11Fees, charges, books etc. Repealed
  17. Management of denominational schools Repealed
  18. 12Management of denominational schools. Repealed
  19. Procedure for acquisition of self-governing status et ceteralaetc. Repealed
  20. 13Initiation of procedure for acquisition of self-governing status. Repealed
  21. 14Ballot of parents on question of acquisition of self-governing status. Repealed
  22. 15Fresh ballot. Repealed
  23. 16Proposals for acquisition of self-governing status. Repealed
  24. 17Ballot expenses. Repealed
  25. 18Further provision as regards proposals under section 16. Repealed
  26. 19Rejection or approval of proposals. Repealed
  27. 20Transition to self-governing status. Repealed
  28. Proposals under sections 22A to 22D of 1980 Act where procedure for acquisition of self-governing status initiated Repealed
  29. 21Effect of pending procedure for acquisition of self-governing status on proposals for alteration etc. of schools. Repealed
  30. Staff Repealed
  31. 22Transfer of staff to self-governing schools. Repealed
  32. 23Further provision as regards teachers in self-governing schools. Repealed
  33. 24Effect of pending procedure for acquisition of self-governing status on appointment etc. of staff. Repealed
  34. Benefits and services for pupils Repealed
  35. 25Provision of benefits and services for pupils by education authorities. Repealed
  36. Finance Repealed
  37. 26Recurrent grant, capital grants and special purpose grants. Repealed
  38. 27Recurrent grant in respect of provision for special educational needs. Repealed
  39. 28Recovery of sums in respect of recurrent grant. Repealed
  40. 29Extension of, and recovery for education etc. provided under, section 23 of 1980 Act. Repealed
  41. Change in characteristics, discontinuance et ceteralaetc. Repealed
  42. 30Change in characteristics of self-governing school. Repealed
  43. 31Discontinuance by board of management. Repealed
  44. 32Compensation in respect of denominational schools. Repealed
  45. Withdrawal of grant Repealed
  46. 33Withdrawal of grant by Secretary of State. Repealed
  47. Miscellaneous Repealed
  48. 34Administrative, professional, technical or other services. Repealed
  49. 35Functions of school board: application of certain provisions of 1988 Act. Repealed
  50. Property Repealed
  51. 36Transfer of land, moveable property and obligations to board of management. Repealed
  52. 37Disposal of land by board of management. Repealed
  53. 38Commissioners for school assets. Repealed
  54. 39Certificates in respect of land, moveable property etc. Repealed
  55. 40Transfer of property where no certificate issued. Repealed
  56. 41Disposal of land or moveable property by education authority prior to incorporation date. Repealed
  57. 42Reduction of disposals of property by education authority. Repealed
  58. 43Prevention of disposals of property by education authority. Repealed
  59. 44Repudiation of agreements made in contravention of section 43. Repealed
  60. 45Reduction or setting aside of disposals made in contravention of section 43. Repealed
  61. 46Commissioner for school assets’ right of action for contravention of section 43. Repealed
  62. 47Removal of property from school by education authority. Repealed
  63. Provision of information Repealed
  64. 48Duty of education authority to provide information. Repealed
  65. Educational endowments Repealed
  66. 49Educational endowments. Repealed
  67. Winding up Repealed
  68. 50Winding up orders. Repealed
  69. 51Disposal of property on winding up. Repealed
  70. 52Transfer of school for establishment of new school. Repealed
  71. 53Disposal of surplus money on winding up. Repealed
  72. Part II: Further Education
  73. College Councils
  74. 54. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  75. 55. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  76. 56. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  77. 57. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  78. 58. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  79. 59. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  80. 60. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  81. Supply of goods and services
  82. 61. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  83. 62. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  84. 63. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  85. Discontinuance of college of further education
  86. 64. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  87. Formation of companies to manage colleges of further education
  88. 65. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  89. 66. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  90. Pay and conditions of service
  91. 67Abolition of committee to consider pay and conditions of teaching staff employed in providing further education.
  92. Part III: Miscellaneous and General
  93. Miscellaneous
  94. 68Technology academies.
  95. 69Testing in primary schools.
  96. 70Appraisal of teachers.
  97. 71Placing of recorded and other children and young persons in schools outwith Scotland etc. Repealed
  98. 72Further amendment of 1980 Act in respect of recorded children. Repealed
  99. 73Educational services: extension of power of Secretary of State to make grants.
  100. 74Appointment of teachers. Repealed
  101. 75Dismissal of teachers.
  102. 76Remuneration of certain persons employed in providing school education. Repealed
  103. 77Extensions of functions of Commission for Local Authority Accounts in Scotland.
  104. General
  105. 78Orders and regulations.
  106. 79Expenses.
  107. 80Interpretation.
  108. 81Commencement.
  109. 82Minor and consequential amendments and repeals.
  110. 83Citation and extent.
  111. Schedule 1: The Scheme of Government Repealed
  112. Part I: Articles of Constitution Repealed
  113. Denominational schools Repealed
  114. 1Paragraph 1 Repealed
  115. Initial provision as regards membership Repealed
  116. 2Paragraph 2 Repealed
  117. 3Paragraph 3 Repealed
  118. Parental majority Repealed
  119. 4Paragraph 4 Repealed
  120. Eligibility Repealed
  121. 5Paragraph 5 Repealed
  122. Resignation and removal Repealed
  123. 6Paragraph 6 Repealed
  124. 7Paragraph 7 Repealed
  125. Proceedings Repealed
  126. 8Paragraph 8 Repealed
  127. 9Paragraph 9 Repealed
  128. Allowances to members Repealed
  129. 10Paragraph 10 Repealed
  130. 11Paragraph 11 Repealed
  131. Saving Repealed
  132. 12Paragraph 12 Repealed
  133. Part II: Articles of Management Repealed
  134. 1Paragraph 1 Repealed
  135. 2Paragraph 2 Repealed
  136. Schedule 2: Rights of Parents in Relation to Individual Pupils Repealed
  137. General principle Repealed
  138. 1Paragraph 1 Repealed
  139. Specific Duties Repealed
  140. 2Paragraph 2 Repealed
  141. Appeals Repealed
  142. 3Paragraph 3 Repealed
  143. 4Paragraph 4 Repealed
  144. 5Paragraph 5 Repealed
  145. 6Paragraph 6 Repealed
  146. 7Paragraph 7 Repealed
  147. Application to young persons Repealed
  148. 8Paragraph 8 Repealed
  149. Schedule 3
  150. 1Paragraph 1
  151. 2Paragraph 2
  152. 3Paragraph 3
  153. 4Paragraph 4
  154. 5Paragraph 5
  155. 6Paragraph 6
  156. Schedule 4
  157. 1Paragraph 1
  158. 2Paragraph 2
  159. 3Paragraph 3
  160. Schedule 5
  161. 1Paragraph 1
  162. 2Paragraph 2
  163. 3Paragraph 3
  164. 4Paragraph 4
  165. 5Paragraph 5
  166. 6Paragraph 6
  167. Schedule 6: Provision of Benefits and Services for Pupils at Self-Governing Schools etc.
  168. 1Paragraph 1
  169. 2Paragraph 2
  170. Schedule 7: Arrangements in Respect of Ballot of Parents Regarding Change in Characteristics of Self-Governing School
  171. 1Paragraph 1 Repealed
  172. 2Paragraph 2 Repealed
  173. 3Paragraph 3 Repealed
  174. 4Paragraph 4 Repealed
  175. 5Paragraph 5 Repealed
  176. Schedule 8: Transfer and Apportionment of Assets
  177. Identification of land, moveable property, liabilities and obligations Repealed
  178. 1Paragraph 1 Repealed
  179. 2Paragraph 2 Repealed
  180. Transfer certificates Repealed
  181. 3Paragraph 3 Repealed
  182. 4Paragraph 4 Repealed
  183. Reference of disputes to Secretary of State Repealed
  184. 5Paragraph 5 Repealed
  185. Right to production of documents of title Repealed
  186. 6Paragraph 6 Repealed
  187. Construction of agreements Repealed
  188. 7Paragraph 7 Repealed
  189. 8Paragraph 8 Repealed
  190. 9Paragraph 9 Repealed
  191. 10Paragraph 10 Repealed
  192. Third parties affected by vesting provisions Repealed
  193. 11Paragraph 11 Repealed
  194. Delivery of documents to board of management Repealed
  195. 12Paragraph 12 Repealed
  196. Schedule 9: Commissioners for School Assets
  197. Appointment Repealed
  198. 1Paragraph 1 Repealed
  199. 2Paragraph 2 Repealed
  200. 3Paragraph 3 Repealed
  201. 4Paragraph 4 Repealed
  202. Resignation and dismissal Repealed
  203. 5Paragraph 5 Repealed
  204. 6Paragraph 6 Repealed
  205. Powers Repealed
  206. 7Paragraph 7 Repealed
  207. 8Paragraph 8 Repealed
  208. 9Paragraph 9 Repealed
  209. Status Repealed
  210. 10Paragraph 10 Repealed
  211. Schedule 10: Minor and Consequential Amendments
  212. The Universities (Scotland) Act 1889 (c. 55)
  213. 1Paragraph 1
  214. The Teaching Council (Scotland) Act 1965 (c. 19)
  215. 2Paragraph 2 Repealed
  216. The Local Authorities (Goods and Services) Act 1970 (c. 39)
  217. 3Paragraph 3 Repealed
  218. The Tribunals and Inquiries Act 1971 (c. 62)
  219. 4Paragraph 4 Repealed
  220. The Sex Discrimination Act 1975 (c. 65)
  221. 5Paragraph 5
  222. The Race Relations Act 1976 (c. 74)
  223. 6Paragraph 6
  224. The Employment Protection (Consolidation) Act 1978 (c. 44)
  225. 7Paragraph 7 Repealed
  226. The Education (Scotland) Act 1980 (c. 44)
  227. 8Paragraph 8
  228. The Representation of the People Act 1983 (c. 2)
  229. 9Paragraph 9
  230. The School Boards (Scotland) Act 1988 (c. 47)
  231. 10Paragraph 10 Repealed
  232. Schedule 11Repeals