Schools (Consultation) (Scotland) Act 2010: Moray Council - Inveravon Primary School
I refer to your colleague Yvonne Shirrif’s email of 26 May 2023 notifying Scottish Ministers of Moray Council’s decision of 24 May 2023 to implement the proposal to permanently close Inveravon Primary School. Ministers have considered this proposal in line with the requirements set out in the Schools (Consultation) (Scotland) Act 2010 (“the 2010 Act”).
Under section 17 of the 2010 Act, Ministers may only issue a call-in notice if it
appears to them that the education authority may have failed:
(a) in a significant regard to comply with the requirements imposed on it by (or under) the Act so far as they are relevant in relation to the closure proposal, or
(b) to take proper account of a material consideration relevant to its decision to implement the proposal.
Section 15(2) of the 2010 Act requires an education authority to provide a copy of the proposal paper and the consultation report prepared under the Act to Ministers when notifying them of a closure proposal.
Section 15(4) of the 2010 Act requires Ministers to take into account any relevant representations made to them by any person during the three week period from the date that a closure decision is made. In relation to this closure proposal, the three week period began on 24 May 2023 and expired on 13 June 2023. No representations were received.
Having reviewed the documents provided by Moray Council under section 15(2) and considered all relevant representations made under section 15(4), Ministers consider that Moray Council has fulfilled its obligations under the 2010 Act and do not intend to issue a call-in notice for this proposal.
Moray Council may now implement its decision to close Inveravon Primary School in line with the timescales set out in its proposal paper. As noted in Education Scotland’s report on the proposal Moray Council should work with the site owners, Ballindalloch Estate, and the local community to explore options for both the school building and land.
Deputy Director, Workforce, Infrastructure and Digital
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