The Self-Governing Schools (Change in Characteristics) (Scotland) Regulations 1994

• Citation: S.I. 1994/478
• Sections: 7

Section 1 Citation, commencement and interpretation

(1) These Regulations may be cited as the Self-Governing Schools (Change in Characteristics) (Scotland) Regulations 1994, and shall come into force on 1st April 1994.

(2) In these Regulations, “ the Act ” means the Self-Governing Schools etc. (Scotland) Act 1989.

Section 2 Prescribed body

Electoral Reform (Ballot Services) Limited, whose registered office is at Independence House, 33 Clarendon Road, London N8 ONW, are hereby prescribed for the purposes of paragraph 1 of Schedule 7 to the Act.

Section 3 Prescribed information

The information to be given to each person who is eligible to vote in a ballot held in accordance with section 30 of the Act shall, for the purposes of paragraph 4(b) of Schedule 7 to the Act, be the information set out in the Schedule hereto.

Section 4 Manner of publication of proposals

(1) For the purposes of section 30(7)(a) of the Act, proposals for a change in the characteristics of a self-governing school shall be published by—

(a) causing to be inserted in a local newspaper circulating in the area served by the school a notice, stating—

(i) that proposals for a change in the characteristics of the school have been submitted to the Secretary of State, and that the proposals may be inspected at the places specified, being the places where they are deposited under sub-paragraph (b) of this paragraph, during the period of 3 months beginning with the date of publication of the notice; and

(ii) that representations may be made to the Secretary of State, before the end of that period of 3 months; and

(b) depositing copies of the proposals on the date of publication of the notice—

(i) at the school; and

(ii) if the appropriate library authority have consented, in any public library within the area served by the school;

and making them available there for reference on request during normal working hours on any working day during the period of 3 months beginning with the date of publication of the notice.

(2) The board of management shall take all reasonable steps to obtain the consent referred to in paragraph (1)(b)(ii) of this regulation.

Section 1

An explanation as to why a ballot, or in the case of a ballot held by virtue of section 15 of the Act, a fresh ballot, is being held, which in the case of a fresh ballot required by a notice under section 15(1) of the Act shall repeat the reasons given in the notice by the Secretary of State for declaring the earlier ballot void.

Section 2

A summary of the change in characteristics being sought, of the reasons for seeking such change, and of the effect which the board of management seeking the change would expect such a change to have on the school.

Section 3

A summary of the provisions of section 30 of the Act relating to the procedure for seeking a change in the characteristics of a self-governing school, which shall include an explanation of—

(a) the procedure for the holding of a ballot in accordance with that section, and the eligibility of persons to vote in such a ballot;

(b) the circumstances in which proposals for a change in the characteristics of a self-governing school require to be published and submitted to the Secretary of State; and

(c) the role of the Secretary of State in respect of the rejection, or approval, with or without modifications, of any such proposals, and the effect of any such rejection or approval.