Schools (Consultation) (Scotland) Act 2010
| Jurisdiction | Scotland |
| Citation | 2010 asp 2 |
| Year | 2010 |
(1) Subsection (2) applies where, in relation to any school, an education authority has formulated a relevant proposal.(2) Before proceeding with the proposal, the education authority must comply with the initial and subsequent requirements set out in subsections (3) and (4) .to prepare an educational benefits statement in accordance with section 3,to prepare (and publish) a proposal paper in accordance with section 4,to give notice of the proposal to the relevant consultees (and invite representations) in accordance with section 6,to hold (and give notice of) a public meeting in accordance with section 7,to involve HMIE in accordance with section 8.to review the proposal in accordance with section 9(1) ,to prepare (and publish) a consultation report in accordance with sections 9 and 10.the preliminary requirements set out in section 12A when it is formulating the proposal,the additional consultation requirements set out in section 13.deciding to implement it (wholly or partly) , orimplementing it (wholly or partly) .a “relevant proposal” is any proposal specified in paragraphs 1 to 10 of schedule 1,a “closure proposal” is a proposal specified in paragraph 1 of that schedule.in relation to a particular relevant proposal, are the consultees specified in the corresponding paragraph of schedule 2,so far as required by paragraphs 11 and 12 of that schedule, include the consultees specified in those paragraphs.(1) This section applies where a decision is made not to implement a closure proposal in relation to a school.a decision not to implement the proposal made by the education authority following the publication of a consultation report in relation to the proposal (whether or not the proposal was called-in under section 15) ,a decision of a School Closure Review Panel in relation to the proposal under section 17C(1) (a) ,such a decision is made by a School Closure Review Panel on the day on which the Panel notifies the decision to the education authority in pursuance of section 17C(5) .(3) The education authority may not publish a proposal paper concerning a further closure proposal in relation to the school during the period of 5 years beginning with the day on which the decision is made unless there is a significant change in the school's circumstances.the pupils of any affected school,any other users of the school's facilities,any children who would (in the future but for implementation) be likely to become pupils of the school,the pupils of any other schools in the authority's area,the authority's assessment of any other likely effects of the proposal (if implemented) ,an explanation of how the authority intends to minimise or avoid any adverse effects that may arise from the proposal (if implemented) ,a description of the benefits which the authority believes will result from implementation of the proposal (with reference to the persons whom it believes will derive them) .(2) The statement must also include the education authority's reasons for coming to the beliefs expressed under subsection (1) (d) .(3) In subsection (1) , the references to effects and benefits are to educational effects and benefits.
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