Citation and commencement

1. This Order may be cited as the Self-Governing Schools (Suspension of Proposals) (Scotland) Order 1994 and shall come into force on 4th January 1995.

Interpretation

2. In this Order-

"single sex establishment" means a single sex establishment within the meaning of section 26(1) of the Sex Discrimination Act 1975(2);

"stage of education" means a yearly stage of a primary or secondary course of education or all the nursery classes in a school.

Prescription of things proposed to be done to the school for purpose of section 21(1A) of the Self-Governing Schools etc. (Scotland) Act 1989

3. The things set out in the Schedule to this Order are hereby prescribed for the purpose of section 21(1A) of the Self-Governing Schools etc. (Scotland) Act 1989.

Article 3

SCHEDULETHINGS PROPOSED TO BE DONE TO THE SCHOOL PRESCRIBED FOR PURPOSE OF SECTION 21(1A) OF THE SELF-GOVERNING SCHOOLS ETC. (SCOTLAND) ACT 1989

1. Changing the site of the school.

2. Discontinuance of a stage of education at the school.

3. Providing at the school a stage of primary or of secondary education not hitherto provided there.

4. Making or varying arrangements for the constitution of a special class as part of the school, where it is not a special school.

5. Constitution, variation or discontinuance of arrangements whereby pupils are selected for admission to the school with reference to their aptitude or ability or the likelihood of their profiting from a particular course of secondary education provided at the school.

6. Changing the school, where it is a single sex establishment admitting pupils of one sex, into a school admitting also pupils of the opposite sex.

7. Changing the school, where it is a single sex establishment admitting pupils of one sex, into a school admitting pupils of the opposite sex only.

8. Changing the school, where it is a school admitting pupils of both sexes, into a school admitting pupils of one sex only.

9. Reaching the opinion in terms of section 22(4) of the Education (Scotland) Act 1980(3) that the conditions prescribed in section 21(1) to (4) of that Act(4) (management of denominational schools) ought no longer to apply to the school, being a school transferred to the education authority under section 16(1) of that Act or provided by them under section 17(2) of that Act(5); and for this purpose the references to sections 16(1) and 17(2) of that Act shall include references to the corresponding provisions of the Education (Scotland) Act 1918(6), the Education (Scotland) Act 1946(7) and the Education (Scotland) Act 1962(8).

Explanatory Note

(This note is not part of the Regulations)

Section 21 of the Self-Governing Schools etc. (Scotland) Act 1989 (as amended by section 143 of the Local Government etc. (Scotland) Act 1994) provides that certain proposals by an education authority to make changes to one of their schools cannot be decided upon by the authority or consented to by the Secretary of State while procedures for possible acquisition of self-governing status for the school are pending.

The proposals so suspended are proposals to discontinue the school or to do any one of such other things to the school as the Secretary of State may by order prescribe.

This Order prescribes the other things in respect of which proposals will be suspended.

They comprise, essentially-

(a)changing the site of the school;

(b)changing the stages of education at the school (other than adding a nursery stage);

(c)making or changing arrangements for a special class at the school;

(d)introducing, varying or discontinuing arrangements for selective entry;

(e)changing the school as regards the sex or sexes of pupils whom it admits; and

(f)changing the school from a denominational to a non-denominational school.

Proposals to make any of these changes, as well as proposals to discontinue the school, will accordingly be suspended while procedures for the acquisition of self-governing status are pending.