Office of Public Sector Information
(1) Every education authority shall, in respect of each financial year, and before the beginning of that financial year, determine for each School Board in the authority’s area allocations of such monies within the authority’s budget as appear to the education authority, after consultation with the Board, to be reasonably required by the Board for—
(a) meeting administrative expenses, the expenses of training of members of the Board, and other outgoings; and
(b) carrying out any functions delegated to the Board under this Act.
(2) Every education authority shall, in each financial year, make available to each School Board in their area the monies allocated under this section for them in respect of that year at such times as those monies are required.
(3) If, during any financial year, it appears to an education authority appropriate to do so, they may make monies in addition to those allocated under this section available to a School Board for the purposes described in subsection (1) above.
(4) Every education authority shall in each financial year, by such date and in such form as may be prescribed, provide to every School Board in their area a statement of—
(a) monies paid out by the authority in the previous financial year in respect of—
(i) the running costs of the school; and
(ii) capital expenditure related to that school; and
(b) monies proposed to be paid out by the authority in the financial year in which the statement is made for those purposes.
(5) A School Board shall be entitled to make representations to the education authority concerning the statements required for the purposes of subsection (4) above, and the education authority shall take account of such representations and shall reply to them.
(6) An education authority shall comply with any reasonable request made by a School Board for financial information relating to the school, or relating to schools in the education authority’s area generally.
(1) A School Board may—
(a) raise funds by any means (other than borrowing); and
(b) receive gifts,
and may expend any sums so received at their discretion, taking account of the views of the headteacher, for the benefit of the school.
(2) A School Board shall keep proper accounts in relation to any sums received by them under subsection (1) above.
(3) Nothing in subsection (1) above shall entitle a School Board to make any charges or demand any fees in respect of the school education provided by their education authority.
(4) A School Board shall not acquire any interest in heritable property, whether by inheritance, gift or otherwise, and any provision in any instrument which contravenes this subsection shall be void.
(5) Where a School Board cease to exist by operation of section 1(5) of this Act (discontinuance of school), any property belonging to the Board shall pass to the education authority.
(6) Where a School Board are disestablished by operation of section 20(6) of this Act (insufficient parent members elected), any property belonging to the Board shall pass to the education authority, but—
(a) the authority shall use any such property for the benefit of the school in question; and
(b) in the event of a School Board being re-established for that school, any such property remaining in the hands of the education authority shall pass to the new School Board.
(7) Any property belonging to an Interim School Board at the time when a School Board are established for the school in question shall pass to the School Board.
(8) All rights and obligations in relation to and arising in respect of property which passes under any of subsections (5) to (7) above shall pass with the property to the recipient.
An education authority may pay to any member of a School Board in their area—
(a) in respect of his attendance at a meeting of the Board; or
(b) in respect of his doing anything approved by the authority, or anything of a class so approved, for the purpose of, or in connection with, the discharge of the functions of the Board,
such allowances, in the nature of those payable under section 46 of the [1973 c. 65.] 1973 Act (which relates to the payment of travelling and subsistence allowances to members of local authorities) as they think fit, being payments of such reasonable amounts as they may determine in any particular case or class of case and not exceeding the amounts specified under the said section 46 for the corresponding allowances under that section.
(1) An education authority may decide not to establish a School Board for a school for which no School Board have been established or whose School Board are for the time being disestablished if—
(a) they are satisfied that by reason of the small number of pupils in attendance at the school there are insufficient parents of such pupils who are qualified to serve as parent members to satisfy the requirements of this Act; and
(b) the Secretary of State consents to the decision.
(2) A decision under subsection (1) above shall be rescinded if a number of parents equal to the number of parent members prescribed for the Board for that school request it in writing, and a School Board shall be established for that school as soon as is practicable.
(3) The authority may review a decision under subsection (1) above at any time, and shall do so if there is in their view a significant increase in the number of pupils in attendance at the school: and shall, if they consider that there are sufficient parents qualified to serve as parent members, establish a School Board for that school as soon as is practicable.
(4) Sections 10, 12(3) and 17(4) to (6) of this Act shall apply in relation to each parent of pupils in attendance at a school which does not have a School Board by reason of subsection (1) above as those provisions would apply to a School Board established for that school.
(5) In the event of a lesser number of parent members being elected at any election under section 2 of this Act than is necessary to make up the numbers for the time being prescribed under that section, a by-election to fill the places of parent members shall be held as soon as is practicable.
(6) Where insufficient parent members are elected at a by-election under subsection (5) above, the School Board shall not be established or, in the case of an existing Board, shall be disestablished.
(7) Where by reason of subsection (6) above a Board are not established or are disestablished, unless it is decided in accordance with subsection (1) above not to establish a Board for the school, further elections for members of the Board shall be held—
(a) at any time when a number of parents equal to the number of parent members prescribed for the Board request it in writing;
(b) in any event, not less than 22 and not more than 24 months after the last such elections.
(8) Where no School Board or Interim School Board are for the time being established for a school—
(a) any functions delegated to a Board for such a school which has become disestablished; and
(b) the functions conferred on School Boards by section 14 of this Act,
shall be exercised by the education authority for the area in which the school is situated.
(9) A School Board re-established as a result of elections under subsection (7) above shall have all the delegated functions which they had before they became disestablished.
There shall be paid out of money provided by Parliament—
(a) any expenses of the Secretary of State under this Act; and
(b) any increase in the sums so payable under any other enactment.
(1) Except where express provision is made to the contrary, expressions used in this Act and in the [1980 c. 44.] 1980 Act shall have the same meaning in this Act as is given to them by section 135(1) of that Act.
(2) In this Act—
“appointment committee” has the meaning given in Schedule 2 to this Act;
“college council” means a college council appointed under section 125 of the [1973 c. 65.] 1973 Act;
“combined school” has the meaning given in section 7 of this Act;
“co-opted members” has the meaning given in section 2(1)(c) of this Act;
“denominational school” has the meaning given in section 2(7) of this Act;
“electoral division” means an electoral division of a region or of an islands area, in terms of section 5(1) (a) of the 1973 Act;
“financial year” means the financial year of a local authority in terms of the 1973 Act;
“islands councillor” means a councillor elected for an electoral division of an islands area, in terms of section 5(1) of the 1973 Act;
“parent” in relation to a pupil means his natural parent or any other natural person who is his guardian, who has custody of him or who is liable to maintain him;
“parent members” has the meaning given in section 2(1)(a) of this Act;
“prescribed” means prescribed by regulations made by the Secretary of State;
“pupil” does not include any person over the age of 18 years;
“regional councillor” means a councillor elected for an electoral division of a region, in terms of section 5(1) of the 1973 Act;
“school” means a public school other than a nursery school;
“School Board” has the meaning given in section 1 of this Act;
“staff members” has the meaning given in section 2(1)(b) of this Act;
“the 1973 Act” means the Local Government (Scotland) Act 1973; and
“the 1980 Act” means the Education (Scotland) Act 1980.
(1) Any power of the Secretary of State to make regulations under this Act shall be exercised by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(2) Regulations under this Act may make different provision for different cases or different circumstances and may contain such incidental, supplemental or transitional provisions as the Secretary of State thinks fit.
(3) The enactments specified in Schedule 4 to this Act shall have effect subject to the amendments specified in that Schedule, being minor amendments and amendments consequential upon the provisions of this Act.
(1) This Act may be cited as the School Boards (Scotland) Act 1988.
(2) This Act, except this section, shall come into force on such date as the Secretary of State may by order made by statutory instrument appoint, and different dates may be so appointed for different purposes.
(3) This Act extends to Scotland only.
School Boards (Scotland) Act 1988