Schools (Consultation) (Scotland) Act 2010 (asp 2)

(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). (3) The initial requirements are— (a) to prepare an educational benefits statement in accordance with section 3, (b) to prepare (and publish) a proposal paper in accordance with section 4, (c) to give notice of the proposal to the relevant consultees (and invite representations) in accordance with section 6, (d) to hold (and give notice of) a public meeting in accordance with section 7, (e) to involve HMIE in accordance with section 8. (4) The subsequent requirements are— (a) to review the proposal in accordance with section 9(1), (b) to prepare (and publish) a consultation report in accordance with sections 9 and 10. [ F1 (4A) In the case of a closure proposal in relation to a rural school, the education authority must also comply with— (a) the preliminary requirements set out in section 12A when it is formulating the proposal, (b) the additional consultation requirements set out in section 13. ] (5) In subsection (2), the reference to proceeding with the proposal is to— (a) deciding to implement it (wholly or partly), or (b) implementing it (wholly or partly). Textual Amendments F1 S. 1(4A) inserted (1.8.2014) by Children and Young People (Scotland) Act 2014 (asp 8) , ss. 80(5) , 102(3) ; S.S.I. 2014/165 , art. 2 , Sch. (with art. 5 ) Commencement Information I1 S. 1 in force at 5.4.2010 by S.S.I. 2010/70 , art. 2

(1) In this Act— (a) a “relevant proposal” is any proposal specified in paragraphs 1 to 10 of schedule 1, (b) a “closure proposal” is a proposal specified in paragraph 1 of that schedule. (2) In this Act, the “relevant consultees”— (a) in relation to a particular relevant proposal, are the consultees specified in the corresponding paragraph of schedule 2, (b) so far as required by paragraphs 11 and 12 of that schedule, include the consultees specified in those paragraphs. Commencement Information I2 S. 2 in force at 5.4.2010 by S.S.I. 2010/70 , art. 2 (1) This section applies where a decision is made not to implement a closure proposal in relation to a school. (2) For the purposes of subsection (1)— (a) a decision not to implement a closure proposal is— (i) 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), (ii) a decision of a School Closure Review Panel in relation to the proposal under section 17C(1)(a), (b) 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. ] Textual Amendments F2 S. 2A inserted (1.8.2014) by Children and Young People (Scotland) Act 2014 (asp 8) , ss. 77 , 102(3) ; S.S.I. 2014/165 , art. 2 , Sch. (with arts. 3 4 )