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School Boards (Scotland) Act 1988 (repealed)
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- UK Public General Acts
- 1988 c. 47
- SCHEDULE 3
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Changes over time for: SCHEDULE 3
Version Superseded: 01/08/2007
Alternative versions:
- 01/02/1991- Amendment
- 13/10/2000- Amendment
- 22/03/2002
Point in time - 01/08/2007- Amendment
Status:
Point in time view as at 22/03/2002.
Changes to legislation:
There are currently no known outstanding effects for the School Boards (Scotland) Act 1988 (repealed), SCHEDULE 3.
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Section 15.
SCHEDULE 3S Delegation Orders
Delegation on education authority’s initiativeS
1SWhere an education authority propose making a delegation order under section 15 of this Act F1. . ., they shall provide a draft of the order to the School Board and seek the agreement of the Board to the terms of the proposed order, without which agreement the order may not be made.
Textual Amendments
F1Words in Sch. 3 para. 1 repealed (13.10.2000) by 2000 asp 6, s. 60(2), Sch. 3; S.I. 2000/361, art. 3(1), Sch. Pt. I (with art. 4)
Request by School Board for delegationS
F22S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F2Sch. 3 paras. 2-13 repealed (13.10.2000) by 2000 asp 6 s. 31; S.I. 2000/361, art. 3(1) Sch. Pt. I (with art. 4)
Refusal by authorityS
F33S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F3Sch. 3 paras. 2-13 repealed (13.10.2000) by 2000 asp 6, s. 31; S.I. 2000/361, art. 3(1) Sch. Pt. I (with art. 4)
F44S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F4Sch. 3 paras. 2-13 repealed (13.10.2000) by 2000 asp 6, s. 31; S.I. 2000/361, art. 3(1) Sch. Pt. I (with art. 4)
F55SSchedule 1 to this Act shall apply (with the exception of paragraph 9 and of references to candidates) to a ballot under paragraph 3 above as it applies to an election of parent members held under that Schedule.
Textual Amendments
F5Sch. 3 paras. 2-13 repealed (13.10.2000) by 2000 asp 6, s. 31; S.I. 2000/361, art. 3(1), Sch. Pt. I (with art. 4)
F66SWhere, following a refusal under paragraph 2 above to delegate a function to a School Board, a majority of parents voting in a ballot under paragraph 3 above have expressed support for the delegation of a function, the education authority may agree or again refuse to delegate the function.
Textual Amendments
F6Sch. 3 paras. 2-13 repealed (13.10.2000) by 2000 asp 6, s. 31; S.I. 2000/361, art. 3(1), Sch. Pt. I (with art. 4)
F77SWhere an education authority refuse to delegate a function under paragraph 6 above, the School Board may refer the matter to the Secretary of State for a decision under paragraph 8 below.
Textual Amendments
F7Sch. 3 paras. 2-13 repealed (13.10.2000) by 2000 asp 6, s. 31; S.I. 2000/361, art. 3(1), Sch. Pt. I (with art. 4)
F88S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F8Sch. 3 paras. 2-13 repealed (13.10.2000) by 2000 asp 6, s. 31; S.I. 2000/361, art. 3(1), Sch. Pt. I (with art. 4)
Agreement by authorityS
F99S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F9Sch. 3 paras. 2-13 repealed (13.10.2000) by 2000 asp 6, s. 31 S.I. 2000/361, art. 3(1), Sch. Pt. I
F1010S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F10Sch. 3 paras. 2-13 repealed (13.10.2000) by 2000 asp 6, s. 31 S.I. 2000/361, art. 3(1), Sch. Pt. I
Disagreement on terms of the orderS
F1111S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F11Sch. 3 paras. 2-13 repealed (13.10.2000) by 2000 asp 6, s. 31; S.I. 2000/361, art. 3(1), Sch. Pt. I (with art. 4)
F1212S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F12Sch. 3 paras. 2-13 repealed (13.10.2000) by 2000 asp 6, s. 31; S.I. 2000/361, art. 3(1), Sch. Pt. I (with art. 4)
Secretary of State’s power to require informationS
F1313S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F13Sch. 3 paras. 2-13 repealed (13.10.2000) by 2000 asp 6, s. 31; S.I. 2000/361, art. 3(1), Sch. Pt. I (with art. 4)
AmendmentS
14SAn education authority may, with the consent of the School Board concerned, amend a delegation order by making a further order (which may include revocation of the delegation of a function, or of the whole delegation order).
15SWhere an education authority has been unable to obtain the consent of the School Board to an order under paragraph 14 above, the authority may send a draft of the order to the Secretary of State who shall consider the views of the education authority and of the School Board, and—
(a)may, if he is satisfied that continued delegation of any function would prejudice the good running of the school, consent to the revocation of the delegation of that function;
(b)may, as he thinks fit, consent to an amendment which does not in his view amount to the revocation of the delegation of a function; and
(c)in either case, may direct such alterations of the draft order as he thinks fit,
and the authority, if they decide to proceed to make an order, shall do so in accordance with his directions.
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