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).