Schools (Consultation) (Scotland) Act 2010

[^key-31120e35f5a3155f79a19eda030b44b0]: S. 4(2A) inserted (1.8.2014) by Children and Young People (Scotland) Act 2014 (asp 8), ss. 78, 102(3); S.S.I. 2014/165, art. 2, Sch.

[^key-32383355480cfd8303454b0799e3a591]: Words in s. 10(3) inserted (1.8.2014) by Children and Young People (Scotland) Act 2014 (asp 8), ss. 79(5)(a), 102(3); S.S.I. 2014/165, art. 2, Sch.

[^key-e2a048e12367c12038736639ccac02e2]: Words in s. 10(3)(a) inserted (1.8.2014) by Children and Young People (Scotland) Act 2014 (asp 8), ss. 79(5)(b), 102(3); S.S.I. 2014/165, art. 2, Sch.

[^key-2c4c31b990d62d80c225863b4935d3f7]: Words in s. 10(3)(b) inserted (1.8.2014) by Children and Young People (Scotland) Act 2014 (asp 8), ss. 79(5)(c), 102(3); S.S.I. 2014/165, art. 2, Sch.

[^key-7e0da753746192666199309321e819d5]: S. 10(3)(c) inserted (1.8.2014) by Children and Young People (Scotland) Act 2014 (asp 8), ss. 79(5)(d), 102(3); S.S.I. 2014/165, art. 2, Sch.

[^key-313c52bcf78ed330acc3e9e07e507e34]: S. 12(3)(a) repealed (1.8.2014) by Children and Young People (Scotland) Act 2014 (asp 8), ss. 80(2)(a), 102(3); S.S.I. 2014/165, art. 2, Sch. (with art. 5)

[^key-5f67e095e6cfb7fc57412c33c2a7f023]: Words in s. 12(4) inserted (1.8.2014) by Children and Young People (Scotland) Act 2014 (asp 8), ss. 80(2)(b), 102(3); S.S.I. 2014/165, art. 2, Sch. (with art. 5)

[^key-9319b93b3064ed0888842072eb48eb07]: Words in s. 12(5) inserted (1.8.2014) by Children and Young People (Scotland) Act 2014 (asp 8), ss. 80(2)(c), 102(3); S.S.I. 2014/165, art. 2, Sch. (with art. 5)

[^key-4576c549b6cf88a88fe17635e1d9c17d]: S. 13 substituted (1.8.2014) by Children and Young People (Scotland) Act 2014 (asp 8), ss. 80(4), 102(3); S.S.I. 2014/165, art. 2, Sch. (with art. 5)

[^key-c118b1cd1cb3b11dc0a5d0bf83ce78e5]: S. 17(3A) inserted (1.8.2014) by Children and Young People (Scotland) Act 2014 (asp 8), ss. 81(3)(b), 102(3); S.S.I. 2014/165, art. 2, Sch.

[^key-3535ec103abfb2e97b413b2ff08bc367]: Sch. 2A inserted (1.8.2014 so far as necessary to enable Scottish Ministers to make regulations under paras. 1(9) and 2(5), 9.1.2015 in so far as not already in force) by Children and Young People (Scotland) Act 2014 (asp 8), ss. 81(5), 102(3); S.S.I. 2014/165, art. 2, Sch.; S.S.I. 2014/353, art. 2(1)(a)

[^key-a5e5a643155cb7cafaed3e9f034fc115]: Words in s. 21(2) inserted (6.10.2014 for specified purposes, 9.1.2015 in so far as not already in force) by Children and Young People (Scotland) Act 2014 (asp 8), ss. 81(9)(a), 102(3); S.S.I. 2014/251, art. 2(b); S.S.I. 2014/365, art. 2(b)

[^key-09844e1bee17a8fd5869b200f029cde6]: Words in s. 21(2) inserted (6.10.2014 for specified purposes, 9.1.2015 in so far as not already in force) by Children and Young People (Scotland) Act 2014 (asp 8), ss. 81(9)(b), 102(3); S.S.I. 2014/251, art. 2(b); S.S.I. 2014/365, art. 2(b)

[^key-e81973a8d721be4a5ddd08a7f7f4718c]: S. 19(2) inserted (9.1.2015) by Children and Young People (Scotland) Act 2014 (asp 8) , ss. 81(7)(b) , 102(3) ; S.S.I. 2014/353 , art. 2(1)(b)

[^key-e7260bbcedb44b586ad77eeecf43bcf9]: S. 19(1) : s. 19 renumbered as s. 19(1) (9.1.2015) by Children and Young People (Scotland) Act 2014 (asp 8) , ss. 81(7)(a) , 102(3) ; S.S.I. 2014/353 , art. 2(1)(b)

[^key-4a0139b3e773f99153939240a8bd92a7]: S. 20(7) inserted (1.8.2014 for specified purposes, otherwise 30.3.2015) by Children and Young People (Scotland) Act 2014 (asp 8), ss. 81(8)(b), 102(3); S.S.I. 2014/165, art. 2, Sch. (with art. 6); S.S.I. 2015/104, art. 2

[^key-1f1bde7035e66f5e03bbf859e9722662]: Ss. 17A-17D inserted (1.8.2014 for the purposes of commencing s. 17B(3) and so far as necessary to enable Scottish Ministers to make regulations under s. 17B(5); 6.10.2014 for the purpose of bringing into force s. 17A(6) for specified purposes; 9.1.2015 for the purpose of bringing into force s. 17A(6) in so far as not already in force, and 30.3.2015 in so far as not already in force) by Children and Young People (Scotland) Act 2014 (asp 8), ss. 81(4), 102(3); S.S.I. 2014/165, art. 2, Sch. (with art. 6); S.S.I. 2014/251, art. 2(a); S.S.I. 2014/365, art. 2(a); S.S.I. 2015/104, art. 2

[^key-fcd03376f8ddd0a9328a3f1f6c52207f]: Word in s. 4(2) substituted (30.3.2015) by Children and Young People (Scotland) Act 2014 (asp 8), ss. 81(6), 102(3); S.S.I. 2015/104, art. 2

[^key-e2018fc9faea57f59f3900b31a2416fe]: Word in s. 17(3) repealed (30.3.2015) by Children and Young People (Scotland) Act 2014 (asp 8), ss. 81(3)(a)(i), 102(3); S.S.I. 2015/104, art. 2 (with art. 3)

[^key-bfa5d1d7de49a1621cb810d9d4ebb276]: S. 17(3)(b) repealed (30.3.2015) by Children and Young People (Scotland) Act 2014 (asp 8), ss. 81(3)(a)(ii), 102(3); S.S.I. 2015/104, art. 2 (with art. 3)

[^key-217374f1398416d3bacc9e950139fab5]: S. 15(5) repealed (30.3.2015) by Children and Young People (Scotland) Act 2014 (asp 8), ss. 81(1)(d), 102(3); S.S.I. 2015/104, art. 2 (with art. 3)

[^key-128a69b503a773fe4d77b42f18ae1e29]: S. 16 repealed (30.3.2015) by Children and Young People (Scotland) Act 2014 (asp 8), ss. 81(2), 102(3); S.S.I. 2015/104, art. 2 (with art. 3)

[^key-a63d91c669f1806567a4362c0478b20c]: Word in s. 20(3) substituted (30.3.2015) by Children and Young People (Scotland) Act 2014 (asp 8), ss. 81(8)(a), 102(3); S.S.I. 2015/104, art. 2

[^key-3cb4613ffea690df3cba9aa26910149a]: Words in sch. 1 para. 12 inserted (15.7.2016) by Education (Scotland) Act 2016 (asp 8), ss. 17(2), 33(2); S.S.I. 2016/192, reg. 2, sch.

[^key-039b5be048e5b3e3d1ba323bbc8c206a]: Sch. 2 para. 1(h)(ha) substituted for sch. 2 para. 1(h) (20.12.2016) by Community Empowerment (Scotland) Act 2015 (asp 6), s. 142(1), sch. 4 para. 10(a); S.S.I. 2016/410, art. 2(a)

[^key-e9e9698aafb0ff7ef315c30d6369e5b5]: Sch. 2 para. 10(h) substituted (20.12.2016) by Community Empowerment (Scotland) Act 2015 (asp 6), s. 142(1), sch. 4 para. 10(b); S.S.I. 2016/410, art. 2(a)

[^key-a7a2775cebece3ccaf24be1f25be50be]: Sch. 2 para. 2(h)(ha) substituted for sch. 2 para. 2(h) (20.12.2016) by Community Empowerment (Scotland) Act 2015 (asp 6), s. 142(1), sch. 4 para. 10(a); S.S.I. 2016/410, art. 2(a)

[^key-842c82549f53ed0a1c639ae8c15e6d3e]: Sch. 2 para. 3(h)(ha) substituted for sch. 2 para. 3(h) (20.12.2016) by Community Empowerment (Scotland) Act 2015 (asp 6), s. 142(1), sch. 4 para. 10(a); S.S.I. 2016/410, art. 2(a)

[^key-299a12b854464ebf0f14cabadffc69a6]: Sch. 2 para. 4(h)(ha) substituted for sch. 2 para. 4(h) (20.12.2016) by Community Empowerment (Scotland) Act 2015 (asp 6), s. 142(1), sch. 4 para. 10(a); S.S.I. 2016/410, art. 2(a)

[^key-3d96e51a6b5b4c084e6783e70c97a52e]: Sch. 2 para. 5(h)(ha) substituted for sch. 2 para. 5(h) (20.12.2016) by Community Empowerment (Scotland) Act 2015 (asp 6), s. 142(1), sch. 4 para. 10(a); S.S.I. 2016/410, art. 2(a)

[^key-dbb721290c5aca6dd43ee704c5ff1d80]: Words in sch. 1 para. 2(a) inserted (31.3.2017) by The Schools (Consultation) (Scotland) Act 2010 (Modification) Regulations 2017 (S.S.I. 2017/65), regs. 1, 2(2)(a)

[^key-d4dc2aa86d5ae8d1f69b5c1c344dfa66]: Words in sch. 1 para. 2(b) inserted (31.3.2017) by The Schools (Consultation) (Scotland) Act 2010 (Modification) Regulations 2017 (S.S.I. 2017/65), regs. 1, 2(2)(b)

[^key-eda420457bd0284952b27b9283649f93]: Words in sch. 1 para. 3 substituted (31.3.2017) by The Schools (Consultation) (Scotland) Act 2010 (Modification) Regulations 2017 (S.S.I. 2017/65), regs. 1, 2(3)

[^key-701570b2d5586df9dd46aa6c9d77fb03]: S. 11ZA inserted (1.10.2022) by Coronavirus (Recovery and Reform) (Scotland) Act 2022 (asp 8), ss. 18(2), 59(1)

[^key-e748a8aec0fe22a8013745a403a25821]: Sch. 1 para. 7A and cross-heading inserted (30.11.2025) by Scottish Languages Act 2025 (asp 10), ss. 26(2), 48(2); S.S.I. 2025/348, reg. 2, sch.

[^key-149ad1a63416a3463bf9b7946f41ea66]: Sch. 2 para. 7A and cross-heading inserted (30.11.2025) by Scottish Languages Act 2025 (asp 10), ss. 26(3)(a), 48(2); S.S.I. 2025/348, reg. 2, sch.

[^key-bc251472d212a3dc096ae764c5fe46ec]: Words in sch. 2 para. 11 substituted (30.11.2025) by Scottish Languages Act 2025 (asp 10), ss. 26(3)(b), 48(2); S.S.I. 2025/348, reg. 2, sch.

[^key-1aeb1fa81b9e0e7e5aaa34b7ec2be280]: Cross-heading substituted (1.3.2026) by Education (Scotland) Act 2025 (asp 11), s. 66(2), sch. 4 para. 24(6); S.S.I. 2026/2, reg. 2(4)(5), sch. Pt. 2 (with reg. 9)

[^key-f28f2dd3fc63960402ad28fd9e1badc3]: Words in s. 1(3)(e) substituted (1.3.2026) by Education (Scotland) Act 2025 (asp 11), s. 66(2), sch. 4 para. 24(2); S.S.I. 2026/2, reg. 2(4)(5), sch. Pt. 2 (with reg. 9)

[^key-2bfe37da5b72a569b5dd88a7905d4395]: Words in s. 5(5) substituted (1.3.2026) by Education (Scotland) Act 2025 (asp 11), s. 66(2), sch. 4 para. 24(3); S.S.I. 2026/2, reg. 2(4)(5), sch. Pt. 2 (with reg. 9)

[^key-36bfaba0613b102632d891ae5baa9d5f]: Words in s. 7(2)(b) substituted (1.3.2026) by Education (Scotland) Act 2025 (asp 11), s. 66(2), sch. 4 para. 24(4); S.S.I. 2026/2, reg. 2(4)(5), sch. Pt. 2 (with reg. 9)

[^key-c7caef1cdd3b07b4f5f900c128b1bd80]: Words in s. 8(1) substituted (1.3.2026) by Education (Scotland) Act 2025 (asp 11), s. 66(2), sch. 4 para. 24(5)(a)(i); S.S.I. 2026/2, reg. 2(4)(5), sch. Pt. 2 (with reg. 9)

[^key-3304f12800aac31d357c954776ca0c34]: Words in s. 8(1)(b)(ii) substituted (1.3.2026) by Education (Scotland) Act 2025 (asp 11), s. 66(2), sch. 4 para. 24(5)(a)(ii); S.S.I. 2026/2, reg. 2(4)(5), sch. Pt. 2 (with reg. 9)

[^key-75a1a3f7ab380b9eb216f279e5d7301b]: Words in s. 8(2) substituted (1.3.2026) by Education (Scotland) Act 2025 (asp 11), s. 66(2), sch. 4 para. 24(5)(b); S.S.I. 2026/2, reg. 2(4)(5), sch. Pt. 2 (with reg. 9)

[^key-f2e59267961a232ed72194317ca2f1e3]: Words in s. 8(3) substituted (1.3.2026) by Education (Scotland) Act 2025 (asp 11), s. 66(2), sch. 4 para. 24(5)(c)(i); S.S.I. 2026/2, reg. 2(4)(5), sch. Pt. 2 (with reg. 9)

[^key-4e9d3e585d92d81f9b90ab6f85d327c2]: Words in s. 8(3)(a) substituted (1.3.2026) by Education (Scotland) Act 2025 (asp 11), s. 66(2), sch. 4 para. 24(5)(c)(ii); S.S.I. 2026/2, reg. 2(4)(5), sch. Pt. 2 (with reg. 9)

[^key-97c8141c2f3d85f7e4728d82d81833f4]: Words in s. 8(3)(b) substituted (1.3.2026) by Education (Scotland) Act 2025 (asp 11), s. 66(2), sch. 4 para. 24(5)(c)(iii); S.S.I. 2026/2, reg. 2(4)(5), sch. Pt. 2 (with reg. 9)

[^key-61e2a60c720d5a7d62f53bfa3b13ff17]: Words in s. 8(4) substituted (1.3.2026) by Education (Scotland) Act 2025 (asp 11), s. 66(2), sch. 4 para. 24(5)(d)(i); S.S.I. 2026/2, reg. 2(4)(5), sch. Pt. 2 (with reg. 9)

[^key-e26a301a4d614884cf36f6bb364fc2d3]: Words in s. 8(4)(b) substituted (1.3.2026) by Education (Scotland) Act 2025 (asp 11), s. 66(2), sch. 4 para. 24(5)(d)(ii); S.S.I. 2026/2, reg. 2(4)(5), sch. Pt. 2 (with reg. 9)

[^key-529125ba1d0545b3eae5deac4954df19]: Words in s. 8(5) substituted (1.3.2026) by Education (Scotland) Act 2025 (asp 11), s. 66(2), sch. 4 para. 24(5)(e); S.S.I. 2026/2, reg. 2(4)(5), sch. Pt. 2 (with reg. 9)

[^key-142b7260f41f078672191e62dbee1905]: Words in s. 8(6) substituted (1.3.2026) by Education (Scotland) Act 2025 (asp 11), s. 66(2), sch. 4 para. 24(5)(f); S.S.I. 2026/2, reg. 2(4)(5), sch. Pt. 2 (with reg. 9)

[^key-a66a5869a92fb74689a45d242fab6b48]: Words in s. 8(7) substituted (1.3.2026) by Education (Scotland) Act 2025 (asp 11), s. 66(2), sch. 4 para. 24(5)(g)(i); S.S.I. 2026/2, reg. 2(4)(5), sch. Pt. 2 (with reg. 9)

[^key-c7af04ebcb09e1de9dfcfa5752cb9e58]: Words in s. 8(7) substituted (1.3.2026) by Education (Scotland) Act 2025 (asp 11), s. 66(2), sch. 4 para. 24(5)(g)(ii); S.S.I. 2026/2, reg. 2(4)(5), sch. Pt. 2 (with reg. 9)

[^key-77416bfda17bca3baa221e64a9df7c77]: Words in s. 8(4)(c) substituted (1.3.2026) by Education (Scotland) Act 2025 (asp 11), s. 66(2), sch. 4 para. 24(5)(d)(iii), (A); S.S.I. 2026/2, reg. 2(4)(5), sch. Pt. 2 (with reg. 9)

[^key-19acaceb1615766386d63fdd6049e398]: Words in s. 8(4)(c) substituted (1.3.2026) by Education (Scotland) Act 2025 (asp 11), s. 66(2), sch. 4 para. 24(5)(d)(iii), (B); S.S.I. 2026/2, reg. 2(4)(5), sch. Pt. 2 (with reg. 9)

[^key-01e064164bfb9ea49fec5580348323ee]: Words in s. 9(1) substituted (1.3.2026) by Education (Scotland) Act 2025 (asp 11), s. 66(2), sch. 4 para. 24(7); S.S.I. 2026/2, reg. 2(4)(5), sch. Pt. 2 (with reg. 9)

[^key-27cb102c92e3cb5eb7f955028ac3eb17]: Words in s. 10(2)(c)(ii) substituted (1.3.2026) by Education (Scotland) Act 2025 (asp 11), s. 66(2), sch. 4 para. 24(8); S.S.I. 2026/2, reg. 2(4)(5), sch. Pt. 2 (with reg. 9)

[^key-756f8783938ee94c0b2e85c979508ad8]: Words in s. 17(3A) substituted (1.3.2026) by Education (Scotland) Act 2025 (asp 11), s. 66(2), sch. 4 para. 24(9)(a); S.S.I. 2026/2, reg. 2(4)(5), sch. Pt. 2 (with reg. 9)

[^key-d3a5adb65b7838878c1c304b6b664fc0]: Words in s. 17(3A) substituted (1.3.2026) by Education (Scotland) Act 2025 (asp 11), s. 66(2), sch. 4 para. 24(9)(b); S.S.I. 2026/2, reg. 2(4)(5), sch. Pt. 2 (with reg. 9)

[^key-2d777b59fc68da4bfd226c74dbea1104]: Words in s. 17B(3) substituted (1.3.2026) by Education (Scotland) Act 2025 (asp 11), s. 66(2), sch. 4 para. 24(10)(a); S.S.I. 2026/2, reg. 2(4)(5), sch. Pt. 2 (with reg. 9)

[^key-aaa43eb363f01e79a5700b1e581e34f5]: Words in s. 17B(3) substituted (1.3.2026) by Education (Scotland) Act 2025 (asp 11), s. 66(2), sch. 4 para. 24(10)(b); S.S.I. 2026/2, reg. 2(4)(5), sch. Pt. 2 (with reg. 9)

[^key-b5df1c3b01e25255a63024b2c1dcbfd7]: Words in s. 21(2) repealed (1.3.2026) by Education (Scotland) Act 2025 (asp 11), s. 66(2), sch. 4 para. 24(11)(b); S.S.I. 2026/2, reg. 2(4)(5), sch. Pt. 2 (with reg. 9)

[^key-c86dd6697585aaca8ee9916cb044f3f9]: Words in s. 21(2) inserted (1.3.2026) by Education (Scotland) Act 2025 (asp 11), s. 66(2), sch. 4 para. 24(11)(a); S.S.I. 2026/2, reg. 2(4)(5), sch. Pt. 2 (with reg. 9)

2A

• (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.

11A

• (1) This section applies in relation to any closure proposal as respects a rural school.

• (2) The education authority may not decide to implement the proposal (wholly or partly) unless the authority—

• (a) has complied with sections 12, 12A and 13, and

• (b) having so complied, is satisfied that such implementation of the proposal is the most appropriate response to the reasons for formulating the proposal identified by the authority under section 12A(2)(a).

• (3) The authority must publish on its website notice of—

• (a) its decision as to implementation of the proposal, and

• (b) where it decides to implement the proposal (wholly or partly), the reasons why it is satisfied that such implementation is the most appropriate response to the reasons for formulating the proposal identified by the authority under section 12A(2)(a).

12A

• (1) This section applies where an education authority is formulating a closure proposal as respects a rural school.

• (2) The authority must—

• (a) identify its reasons for formulating the proposal,

• (b) consider whether there are any reasonable alternatives to the proposal as a response to those reasons,

• (c) assess, for the proposal and each of the alternatives to the proposal identified under paragraph (b) (if any)—

• (i) the likely educational benefits in consequence of the implementation of the proposal, or as the case may be, alternative,

• (ii) the likely effect on the local community (assessed in accordance with section 12(4)) in consequence of such implementation,

• (iii) the likely effect that would be caused by any different travelling arrangements that may be required (assessed in accordance with section 12(5)) in consequence of such implementation.

• (3) For the purposes of this section and section 13, reasonable alternatives to the proposal include (but are not limited to) steps which would not result in the school or a stage of education in the school (within the meaning of paragraph 12 of schedule 1) being discontinued.

• (4) The authority may not publish a proposal paper in relation to the proposal unless, having complied with subsection (2), it considers that implementation of the closure proposal would be the most appropriate response to the reasons for the proposal.

• (5) In this section and section 13, the references to the reasons for the proposal are references to the reasons identified by the education authority under subsection (2)(a).

17A

• (1) This section applies where a call-in notice is issued as respects a closure proposal.

• (2) The Scottish Ministers must refer the proposal to the Convener of the School Closure Review Panels.

• (3) The Convener must, within the period of 7 days beginning with the day on which the call-in notice is issued, constitute a School Closure Review Panel to review the proposal under section 17B(1).

• (4) The education authority may not implement the proposal (wholly or partly)—

• (a) unless the Panel grants its consent to it under section 17C(1), and

• (b) until—

• (i) the period mentioned in section 17D(2)(c) has expired without any appeal to the sheriff being made, or

• (ii) where such an appeal is made, it is abandoned or the sheriff confirms the Panel's decision.

• (5) Schedule 2A makes further provision about the Convener and School Closure Review Panels.

• (6) In this Act—

• (a) “the Convener” is the Convener of the School Closure Review Panels,

• (b) a “School Closure Review Panel” is a School Closure Review Panel constituted under subsection (3).

17B

• (1) A School Closure Review Panel must consider both of the following in relation to a closure proposal—

• (a) whether the education authority has failed in a significant regard to comply with the requirements imposed on it by (or under) this Act so far as they are relevant in relation to the proposal,

• (b) whether the education authority has failed to take proper account of a material consideration relevant to its decision to implement the proposal.

• (2) The education authority must provide the Panel with such information in connection with the proposal as the Panel may reasonably require of it for the purpose of subsection (1).

• (3) The Chief Inspector must provide the Panel with such advice as to the educational aspects of the proposal as the Panel may reasonably require of the Chief Inspector for the purpose of subsection (1).

• (4) The Panel may request such other information and advice from any other person as it may reasonably require for the purpose of subsection (1).

• (5) The Scottish Ministers may by regulations make further provision as to the procedures to be followed by the Panel when carrying out a review under subsection (1).

17C

• (1) Following a review of a closure proposal under section 17B(1), the School Closure Review Panel may—

• (a) refuse to consent to the proposal,

• (b) refuse to consent to the proposal and remit it to the education authority for a fresh decision as to implementation,

• (c) grant consent to the proposal—

• (i) subject to conditions, or

• (ii) unconditionally.

• (2) The Panel must give reasons for its decision.

• (3) Where the Panel remits the proposal to the education authority under subsection (1)(b), the Panel may specify any steps in the process provided for in sections 1 to 11 and (in relation to a closure proposal as respects a rural school) 12A that the authority must take again in relation to the proposal before making a fresh decision.

• (4) The Panel may refuse to consent to the proposal under subsection (1)(a) or (b) only if the Panel finds either or both of the following—

• (a) that the education authority has failed in a significant regard to comply with the requirements imposed on it by (or under) this Act so far as they are relevant in relation to the proposal,

• (b) that the authority has failed to take proper account of a material consideration relevant to its decision to implement the proposal.

• (5) The Panel must notify the education authority of its decision within the period of 8 weeks beginning with the day on which the Panel is constituted unless (before the end of that period) the Panel issues a notice to the education authority—

• (a) stating that the Panel does not intend to notify the decision within that period,

• (b) specifying the reason why that is so, and

• (c) indicating the likely date for notifying the decision.

• (6) Where the Panel issues a notice under subsection (5), it must notify the education authority of its decision within the period of 16 weeks beginning with the day on which the Panel is constituted.

• (7) After the Panel notifies the education authority of its decision, the Panel must—

• (a) notify the Scottish Ministers of the decision, and

• (b) publish notice of the decision in such manner as it considers appropriate.

• (8) Where the Panel grants consent to the proposal subject to conditions, the education authority must comply with the conditions.

17D

• (1) An appeal may be made to the sheriff against a decision of a School Closure Review Panel under section 17C(1) by—

• (a) the education authority,

• (b) a relevant consultee in relation to the closure proposal.

• (2) An appeal under subsection (1)—

• (a) may be made only on a point of law,

• (b) must be made by way of summary application,

• (c) must be made within the period of 14 days beginning with the day on which the Panel publishes notice of the decision under section 17C(7)(b).

• (3) In the appeal, the sheriff may—

• (a) confirm the decision, or

• (b) quash the decision and refer the matter back to the Panel.

• (4) The sheriff's determination of the appeal is final.

SCHEDULE 2A

Convener of the School Closure Review Panels

1

• (1) There is established the office of the Convener of the School Closure Review Panels.

• (2) The Scottish Ministers must appoint a person to hold that office.

• (3) A person so appointed—

• (a) is not to be regarded as a servant or agent of the Crown and does not have any status, immunity or privilege of the Crown,

• (b) subject to any provision made in regulations under sub-paragraph (9), holds and vacates office on such terms and conditions as the Scottish Ministers may determine.

• (4) The Convener—

• (a) may delegate a function conferred on the Convener by this Act,

• (b) must delegate such a function if required to do so by directions issued under paragraph 4.

• (5) Nothing in sub-paragraph (4)(a) prevents the Convener from carrying out any function delegated under that sub-paragraph.

• (6) Sub-paragraph (7) applies during any period when—

• (a) the office of the Convener is vacant, or

• (b) the person holding that office is unable to perform the functions conferred on the office because the person is incapacitated.

• (7) The Scottish Ministers may appoint a person to act as Convener during that period.

• (8) A person appointed to act as Convener under sub-paragraph (7)—

• (a) is to be appointed on such terms and conditions as the Scottish Ministers may determine,

• (b) while acting as such, is to be treated for all purposes, except those of any regulations made under sub-paragraph (9), as the Convener.

• (9) The Scottish Ministers may by regulations make provision for or about—

• (a) eligibility for, and disqualification from, appointment under sub-paragraph (2),

• (b) tenure and removal from office of a person appointed under sub-paragraph (2),

• (c) payment of—

• (i) salary, fees, expenses and allowances to such a person,

• (ii) pensions, allowances or gratuities (including by way of compensation for loss of office) to, or in respect of, such a person,

• (d) such other matters in relation to the appointment of the Convener as the Scottish Ministers consider appropriate.

Panel members

2

• (1) The Convener is to appoint such number of persons as the Convener considers appropriate to be eligible to serve as members of a School Closure Review Panel.

• (2) Each Panel is to consist of 3 of the persons appointed under sub-paragraph (1).

• (3) It is for the Convener to select—

• (a) the members of the Panel,

• (b) one of those members to chair the Panel.

• (4) The Convener is to make appropriate arrangements for the training of persons appointed under sub-paragraph (1).

• (5) The Scottish Ministers may by regulations make provision for or about—

• (a) eligibility for, and disqualification from, appointment under sub-paragraph (1),

• (b) tenure and removal from office of persons so appointed,

• (c) the process for the selection of Panel members under sub-paragraph (3),

• (d) payment of expenses, fees and allowances to persons selected under that sub-paragraph,

• (e) such other matters as the Scottish Ministers consider appropriate in relation to—

• (i) the appointment of persons under sub-paragraph (1),

• (ii) the selection of Panel members under sub-paragraph (3).

Property, staff and services

3

• (1) The Scottish Ministers may—

• (a) provide, or ensure the provision of, such property, staff and services to the Convener as they consider necessary or expedient in connection with the exercise of the Convener's functions,

• (b) pay grants to the Convener for the purposes of enabling the Convener to employ staff and obtain services in connection with the exercise of the Convener's functions.

• (2) The Convener is to provide a School Closure Review Panel with such staff and services as the Convener considers necessary or expedient in connection with the exercise of the Panel's functions.

Directions

4

• (1) The Scottish Ministers may issue directions to the Convener as to the exercise of the Convener's functions (and the Convener must comply with them).

• (2) Directions under sub-paragraph (1) may vary or revoke earlier such directions.

• (3) The Scottish Ministers must publish any directions issued under sub-paragraph (1) in such manner as they consider appropriate.

Reports

5

• (1) As soon as practicable after the end of each calendar year, the Convener must prepare a report on—

• (a) the exercise of the Convener's functions during that year, and

• (b) the exercise of the functions of any School Closure Review Panel which has carried out a review under section 17B during that year.

• (2) A report prepared under sub-paragraph (1) must be—

• (a) submitted to the Scottish Ministers, and

• (b) published in such manner as the Convener considers appropriate.

11ZA

• (1) The Scottish Ministers may, on the application of an education authority, give a direction that the education authority is to take one or more of the actions mentioned in subsection (2).

• (2) Those actions are—

• (a) to disregard the duty under section 4(4)(a) and 9(3)(a) to publish things in printed form,

• (b) to treat the duty under sections 4(4)(b) and 9(3)(b) to make things available for inspection in a place as a duty to make things available in such manner as the education authority considers appropriate instead,

• (c) to meet the duty under section 7(1) to hold a public meeting in a place by holding a meeting using remote facilities instead.

• (3) A direction may be given under this section only if the Scottish Ministers are satisfied that giving the direction is a necessary and proportionate action for or in connection with the protection of public health.

• (4) A direction given under this section may vary or revoke an earlier direction.

• (5) A direction under this section—

• (a) may be varied or revoked,

• (b) may relate to one or more relevant proposals,

• (c) may be given subject to such conditions as may be specified in the direction.

• (6) A direction given under this section must be published in such manner as the Scottish Ministers consider appropriate.

• (7) In this section—

• “protection of public health” is to be construed in accordance with section 1(5) of the Public Health etc. (Scotland) Act 2008,

• “remote facilities” means any equipment or facility which—enables persons who are not in the same place to participate in the meeting, andenables those persons to speak to and be heard by each other (whether or not it enables those persons to see and be seen by each other).

Transport to school that provides Gaelic medium education

7A

A proposal to discontinue arrangements for the provision of transport by the education authority for pupils in Gaelic medium education.

Transport to school that provides Gaelic medium education

7A

In relation to a proposal specified in paragraph 7A of schedule 1, the consultees are—

• (a) the persons mentioned in paragraph 11,

• (b) the Parent Council or Combined Parent Council of any affected school,

• (c) the parents of the pupils in Gaelic medium education at any affected school,

• (d) the parents of any children expected by the education authority to be in Gaelic medium education at any affected school within two years of the date of publication of the proposal paper,

• (e) the pupils in Gaelic medium education at any affected school (in so far as the education authority considers them to be of a suitable age and maturity),

• (f) the staff (teaching and other) at the Gaelic medium education provision of any affected school,

• (g) any trade union which appears to the education authority to be representative of the persons mentioned in sub-paragraph (f),

• (h) any other education authority that the education authority considers relevant.