The Education (Publication and Consultation Etc.) (Scotland) Amendment Regulations 1987

• Citation: S.I. 1987/2076
• Sections: 6

Section 1 Citation, commencement and interpretation

(1) These Regulations may be cited as the Education (Publication and Consultation Etc.) (Scotland) Amendment Regulations 1987 and shall come into force on 1st January 1988.

(2) In these Regulations “the principal Regulations ” means the Education (Publication and Consultation Etc.) (Scotland) Regulations 1981( ).

Section 2 Amendment of the principal Regulations

In regulation 2 of the principal Regulations, in paragraph (1) at the end there shall be added the following definition:— “stage of education” means a yearly stage of a primary or secondary course of education or all the nursery classes in a school.

Section 3 Amendment of the principal Regulations

In regulation 5 of the principal Regulations—

(a) after paragraph (1) there shall be inserted the following paragraphs:—

(1A) Consultation may be carried out in accordance with this regulation and the next three regulations in relation to a single proposal or in relation to a number of proposals together, including proposals which are alternative to one another, and where consultation is carried out in relation to a number of proposals together any reference in those regulations to a “proposal” shall have effect as a reference to those proposals together.

(1B) Where consultation has been carried out in respect of a number of proposals together which are alternative to one another, and the education authority subsequently decides to implement one of those proposals, no further consultation under these Regulations shall be required in relation to the proposal which is to be implemented.

(1C) Any obligation under this regulation and the next three regulations to give or make available full details of a proposal may be satisfied (without prejudice to the right of an education authority to give or make available full details by other means) by giving or making available a copy of the report to the education authority on the basis of which the proposal was made, and there may be excluded from such a copy any part of a report which gives information which would be exempt information in terms of section 50J of the Local Government (Scotland) Act 1973 ( ).;

(b) in paragraph (2)(a), after the word “address” there shall be inserted the words “or addresses” ; and

(c) in paragraph (6), the words “unless the contrary, that it was received at a later date, is proved” shall be deleted.

Section 4 Amendment of the principal Regulations

In regulation 7 of the principal Regulations, in paragraph (2), the words “unless the contrary, that they were received at a later date, is proved” shall be deleted.

Section 5 Amendment of the principal Regulations

In Schedule 1 to the principal Regulations, paragraphs (u) and (v) of column 1 and the entries opposite them in column 2 shall be deleted.

Section 6 Amendment of the principal Regulations

In Schedule 2 to the principal Regulations—

(a) in paragraph (a), for the words “any school or stage of education in any school” there shall be substituted the words “any school other than a nursery school or any stage of education in a school other than all the nursery classes in a school” ; and

(b) in paragraph (b), after the word “school” where first occurring there shall be inserted the words “other than a nursery school” .