School Boards (Scotland) Act 1988

Section 2.

SCHEDULE 1Electoral Procedure

1Every education authority shall make arrangements for the holding of elections under this Act for School Boards in their area, and for that purpose shall draw up a scheme of arrangements for such elections in accordance with—

(a)this Schedule; and

(b)such guidance as to the form and content of such schemes as the Secretary of State may from time to time issue.

2A scheme may make different provision for different schools or classes of school.

3Every scheme shall include provision for the appointment by the education authority of a returning officer to ensure the proper conduct of the elections.

4In the case of an election of a parent member, the arrangements under paragraph 1 above shall provide for every parent of a pupil in attendance at the school to have an opportunity to vote by post.

5Subject to this Schedule and to any scheme made under paragraph 1 above, the education authority for the area in which a school is situated shall determine all matters relating to any election of members of the School Board for that school, and in particular all matters relating to eligibility to be a candidate or to vote including the date at which such eligibility is to be determined in respect of any particular election.

6For the purposes of paragraph 5 above, the education authority shall, in respect of each school in their area, establish and maintain a list of the names of the parents of pupils in attendance at that school, and unless a parent’s name appears on the list on the date determined by an authority under paragraph 5 above for the purposes of any election he shall not be eligible to be a candidate or to vote in that election.

7Elections under this Act shall be held by secret ballot.

8All practicable steps shall be taken to ensure that every person known to be a parent of a pupil in attendance at a school in their area—

(a)is informed of any forthcoming election under this Act of a parent member of the School Board for that school, and of his right to be a candidate and to vote; and

(b)has an opportunity to be a candidate and to vote at any such election.

9Every education authority shall, for the purposes of any election of parent members of a School Board for a school in their area, send to every parent eligible to vote in that election—

(a)a ballot paper;

(b)a copy of a statement not exceeding 250 words by any candidate who has provided the authority with such a statement by such date as the authority shall have specified,

and the authority shall not issue any statements or material designed to influence the election other than the statement referred to in (b) above.

10An education authority may arrange for any of their functions under this Schedule in relation to elections, apart from the making or variation of schemes, to be carried out in accordance with their directions by the School Board for the school.

11For the purposes of this Schedule “election” includes a by-election.