Call-in by the Scottish Ministers

15Call-in of closure proposals

1

Subsections (2) to (6) apply where, in relation to any school, an education authority has decided to implement a closure proposal.

2

The education authority must—

a

notify the Scottish Ministers of that decision within the period of 6 working days starting with the day on which the decision is made,

b

along with that notification, give them a copy of—

i

the proposal paper,

ii

the consultation report.

3

Before the expiry of 6 weeks starting with the day on which that decision is made, the Scottish Ministers may issue a call-in notice to the education authority.

4

In considering whether to issue a call-in notice, the Scottish Ministers are to take account of any relevant representations made to them (by any person) within the first 3 weeks of that 6 week period.

5

A call-in notice has the effect of remitting the closure proposal to the Scottish Ministers.

6

The education authority may not proceed further with the proposal before the expiry of the 6 week period within which a call-in notice may be issued as respects the proposal.

7

But the restriction in subsection (6) ceases to apply if (before the end of that period) the Scottish Ministers inform the education authority that they do not intend to issue a call-in notice as respects the proposal.

8

In subsection (6), the reference to proceeding further with the proposal is to implementing it (wholly or partly).

16Determination of case

1

Subsections (2) and (3) apply where a call-in notice is issued as respects a closure proposal.

2

The Scottish Ministers may—

a

refuse to consent to the proposal, or

b

grant their consent to the proposal—

i

subject to conditions, or

ii

unconditionally.

3

The education authority may not proceed further with the proposal—

a

unless the Scottish Ministers grant their consent to it under subsection (2)(b), and

b

until the Scottish Ministers duly inform the authority of that consent (and any conditions to which it is subject).

4

In subsection (3), the reference to proceeding further with the proposal is to implementing it (wholly or partly).

17Grounds for call-in etc.

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, or

b

the matter of consent (including conditions) under section 16(2).

4

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