School Boards (Scotland) Act 1988

JurisdictionUK Non-devolved
Citation1988 c. 47


School Boards (Scotland)Act 1988

1988 CHAPTER 47

An Act to make new provision for the government of public schools in Scotland; and for connected purposes.

[15th November 1988]

Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

School Boards

School Boards

S-1 Constitution of School Boards.

1 Constitution of School Boards.

(1) Every education authority shall (subject to section 20 of this Act) establish, in accordance with this Act, a board, to be known as a ‘School Board’, for each school in their area.

(2) A School Board shall, in respect of the school for which they are established, exercise—

(a) the functions assigned to them by this Act; and

(b) any functions delegated to them under section 15 of this Act.

(3) Where, before the commencement of Schedule 4 to this Act, a School Board are established for a school, any school council appointed under section 125(1) of the 1973 Act to discharge functions under that section in relation to that school shall cease to discharge them in respect of that school.

(4) A School Board are established on the first occasion following the commencement of this section (or following a period of disestablishment under section 20 of this Act) when elections for members of the Board have taken place and the number of parent members prescribed under section 2 of this Act is duly elected.

(5) A School Board shall cease to exist when the school for which they are established is discontinued.

S-2 Composition of Boards.

2 Composition of Boards.

(1) A School Board shall consist of—

(a) persons (to be known as ‘parent members’) who are, and who shall be elected by, parents of pupils in attendance at the school;

(b) (except in the case of a school which has no staff, as defined in subsection (13) below) persons (to be known as ‘staff members’) who are, and who shall be elected by, members of the staff of the school; and

(c) persons (to be known as ‘co-opted members’), who shall be co-opted by the Board,

in such numbers as shall be prescribed.

(2) Parent members shall form a majority of every School Board.

(3) Regulations—

(a) shall specify the numbers of parent, staff and co-opted members, and different provision may be made for different schools and for different classes of schools;

(b) may specify the dates at which the number of pupils in attendance at a school is to be determined for the purposes of any regulations made under paragraph (a) above;

(c) shall specify, in relation to schools in existence at the commencement of section 1 of this Act (except where a decision has been taken, in accordance with section 20(1) of this Act, not to have a School Board), the date by which an education authority shall hold the first elections of parent and staff members to School Boards under this section;

(d) may provide for the making by education authorities, within such time as may be prescribed, of arrangements to adjust the composition of School Boards in consequence of variation of regulations made under this section or changes in the circumstances of a school, including—

(i) provision enabling authorities to hold elections or to direct co-options;

(ii) provision enabling authorities to direct the early termination of office of any member;

(iii) provision enabling authorities to determine the term of office of any person elected or co-opted under such arrangements.

(4) A person who is eligible for election to a School Board as a staff member shall not be eligible for election to that Board as a parent member.

(5) A person who is eligible for election to a School Board shall not be eligible for co-option to that Board.

(6) A person may not be a member of a School Board in more than one capacity (as parent, staff or co-opted member) at any one time.

(7) Where a school is a denominational school—

(a) transferred to the education authority under section 16(1) of the 1980 Act (transference of denominational schools to education authorities); or

(b) provided by the authority under section 17(2) of the 1980 Act (which relates, among other things, to the provision by the education authority of denominational schools),

one of the co-opted members shall be a person nominated by the church or denominational body in whose interest the school is conducted.

(8) Elections under this Act shall be held in accordance with Schedule 1 to this Act.

(9) In relation to schools (including combined schools) which come into existence after the commencement of section 1 of this Act, the first elections under this Act shall (subject to section 20) be held as soon as is practicable after pupils first attend the school.

(10) A Board shall, as soon as is practicable after their establishment, co-opt members in accordance with subsection (1) above.

(11) In the event of a lesser number of parent members being elected on any occasion than is necessary to make up the numbers for the time being prescribed under this section, section 20(5) to (7) of this Act shall apply.

(12) In the event of a lesser number of staff members than is for the time being prescribed being elected on any occasion section 3(6) of this Act shall apply.

(13) In subsection (1)(b) above, ‘staff’ (in relation to a school) means teachers, and instructors, whether full-time or part-time, employed by the authority for the purpose of providing education at that school, whether or not they are also so employed at other schools, but does not include the headteacher.

S-3 Terms of office etc.

3 Terms of office etc.

(1) Subject to subsection (2) below, every member of a School Board shall hold office for 4 years.

(2) The term of office of half (or, where there is an odd number of parent members, of the largest number less than half) of the parent members elected when a School Board are established shall be 2 years.

(3) The parent members whose term of office is to be restricted to 2 years under subsection (2) above, failing agreement between all the parent members elected to the Board, shall be selected by drawing lots.

(4) A member of a School Board may resign office at any time by giving notice in writing to the Clerk of the Board or to the education authority for the area.

(5) A School Board may remove any member of the Board who they are satisfied—

(a) is unable to carry out his duties by reason of physical or mental illness or incapacity; or

(b) has failed without good cause to attend meetings for a continuous period of at least 6 months and to attend 3 consecutive meetings.

(6) In the event of a vacancy for a parent member or a staff member of a School Board arising a by-election shall be held, subject to subsection (7) below, as soon as possible, and in any event within a period of 3 months.

(7) Where a person ceases, for whatever reason, to be a parent member or staff member within 6 months before the expiry of his term of office, no by-election need be held under subsection (6) above.

(8) Members of a School Board who cease to be eligible to serve in the capacity in which they have been elected or co-opted may complete their term of office, provided that their remaining term of office is less than two years.

(9) Where a vacancy for a co-opted member of a Board occurs the Board shall (in accordance with this Act) co-opt another person in his place.

(10) Persons elected or co-opted under this section to fill a casual vacancy shall serve for the remainder of the term of office of the person whose place they have filled.

S-4 Qualification and disqualification of members.

4 Qualification and disqualification of members.

(1) Persons who would be disqualified for seeking election as, or for being—

(a) members of a local authority by virtue of section 31(1)(b) or (c), (2) or (3) of the 1973 Act ; or

(b) members of the education authority for the area within which the school is situated by virtue of section 31(1)(d) of that Act,

shall be disqualified for seeking election as, or for being a member of a School Board.

(2) A young person may be a co-opted member of a School Board.

(3) Subject to subsection (2) above, persons subject to legal incapacity may not be nominated for election to or be members of School Boards.

(4) A retiring member of a School Board shall not be disqualified (by reason of such retirement) from further election or co-option.

S-5 Advice to Boards.

5 Advice to Boards.

(1) The Director of Education or an officer of his education authority nominated by him for the purpose shall be entitled to attend and to speak at any meeting of a School Board in the authority's area, but shall not be a member of the Board.

(2) The regional or islands councillor for the electoral division in which a school is situated shall be entitled to attend and to speak at any meeting of any School Board for the time being established for that school, but he shall not be a member of the Board.

(3) The headteacher of a school shall—

(a) have the right and, if requested by the School Board, the duty to give advice to the Board on any matter within the Board's competence;

(b) have the right to be present and to speak at meetings of the School Board, but shall not be a member of the Board.

(4) An education authority shall give advice to a School Board in...

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