Self-Governing Schools etc. (Scotland) Act 1989

Section 30(4).

SCHEDULE 7Arrangements in Respect of Ballot of Parents Regarding Change in Characteristics of Self-Governing School

1The board of management of the school shall secure that all necessary arrangements for the ballot are made by such body as may be prescribed (in this Schedule referred to as “the prescribed body”).

2The arrangements, and the exercise by the board of management of any functions in relation to the ballot, shall accord with such guidance as the Secretary of State may from time to time publish for the purposes of this Schedule.

3The ballot shall be a secret postal ballot of, and only of, all parents of pupils for the time being in attendance at the school; and any question of whether a person is such a parent shall be determined by the board.

4It shall be the duty of the board to secure that the prescribed body take such steps as are reasonably practicable to ensure that each person who is eligible to vote in the ballot is—

(a)without prejudice to sub-paragraph (b) below, given such information about the consequences for the school of the proposed change in characteristics as may reasonably be expected to enable him to form a proper judgment as to whether the change should be sought for the school;

(b)given such information, including (without prejudice to the generality of this sub-paragraph) information—

(i)about the ballot and about the procedure for changing the characteristics of a self-governing school; and

(ii)in the case of a ballot held by virtue of section 15 of this Act, an explanation (which in the case of a ballot required by a notice under subsection (1) of that section shall repeat the reasons given in the notice by the Secretary of State for declaring the earlier ballot void) as to why a fresh ballot is to be held;

as may be prescribed;

(c)informed that he is entitled to vote in the ballot; and

(d)given an opportunity to do so by being provided timeously with a ballot paper which sets out the question as to whether the change sought should be made and invites him to vote “yes” or “no” to that question.

5Subject to the foregoing provisions of this Schedule, the arrangements shall be such as the board think fit.