Schools (Consultation) (Scotland) Act 2010: guidance
For local authorities to consult on changes to schools (including nursery) such as closing, relocating or opening a new school.
Footnotes
[1] http://www.gov.scot/publications/commission-delivery-rural-education-report/
[2] The Children and Young People (Scotland) Act 2014 (Commencement No. 2, Transitional and Transitory Provisions) Order 2014 ( SSI No. 165) sets out the amendments which come into force on 1 August 2014 and transitional and transitory provisions regarding these.
[3] The Children and Young People (Scotland) Act 2014 (Commencement No. 8 and Saving Provision) Order 2015 ( SSI No. 104) brought Part 15 of the Children and Young People (Scotland) Act 2014 fully into force and included a saving provision in relation to closure proposals called in before 30 March 2015.
[4] The Rural Schools List is published at: Rural schools in Scotland - gov.scot
and an explanation of how the list is compiled and maintained is provided at: https://www.gov.scot/publications/rural-schools-in-scotland-definition/
[5] The timeline is available at: https://www.gov.scot/publications/school-closure-timeline/
[6] Education Scotland guidance to local authorities: https://educationinspectorate.gov.scot/inspection-reports/school-consultation-reports/
[7] Education Scotland school consultation reports: https://educationinspectorate.gov.scot/inspection-reports/school-consultation-reports/
[8] Report of the Commission on the Delivery of Rural Education, paragraph 90.
[9] Groups and individuals who may have additional support needs arising from, for example, the learning environment, family circumstances, disability or health needs, or social and emotional factors.
[10] The financial template and technical note are available at: https://www.gov.scot/publications/schools-consultation-scotland-technical-guide-financial-template/
[11] Determining Primary School Capacity – Guidance http://www.gov.scot/publications/determining-primary-school-capacity-guidance/
[12] Building Better Schools http://www.gov.scot/Publications/2009/09/22154600/0
[13] This guidance applies to planned, non-emergency temporary closures (commonly referred to as mothballing), where the local authority has discretion over timing and process. It does not apply to emergency closures required for urgent health and safety reasons, such as structural failure or environmental hazards, where immediate action is necessary and consultation may not be feasible.
[14] The term “nursery” encompasses Early Learning and Childcare settings managed by the local authority, both standalone ELC settings and ELC settings within schools.
[15] Sub-paragraphs (4) and (5).
[16] Paragraph 12 of Schedule 1 defines a “stage of education” as also including, “a special class in a school which is not itself a special school”
[17] Schools (Consultation) (Scotland) Act 2010
[18] Local Authorities, have statutory duties under Section 6 of the UNCRC (Incorporation) (Scotland) Act 2024, for public authorities, including Scottish Ministers, not to act incompatibly with the UNCRC requirements (as defined in section 1 of the Act). It is important for all those undertaking relevant public functions to consider children’s rights in their work. Consideration of children’s rights should be evident across all public service delivery.
[19] As set out in The Children and Young People (Scotland) Act 2014 (Commencement No. 2, Transitional and Transitory Provisions) Order 2014 ( SSI No. 165)
[20] The transitional and transitory provisions regarding the amendments of the 2010 Act to insert new sections 11A, 12A and a substituted section 13 are set out in The Children and Young People (Scotland) Act 2014 (Commencement No. 2, Transitional and Transitory Provisions) Order 2014 ( SSI No. 165).
[21] As set out in The Children and Young People (Scotland) Act 2014 (Commencement No. 2, Transitional and Transitory Provisions) Order 2014 ( SSI No. 165)
[22] Section 5(5)(a) to the 2010 Act, as inserted by section 79(4) to the Children and Young People (Scotland) Act 2014
[23] Section 9(1) and (2) to the 2010 Act
[24] Section 15(2A)(b) of the 2010 Act
[25] Section 17(2) of the 2010 Act
[26] Section 15(3), (4) and (6) of the 2010 Act, as amended by section 81(1)(c) of the Children and Young People (Scotland) Act 2014.
[27] Section 17B(1) of the 2010 Act
[28] Between 1 August 2014 and 30 March 2015, a decision by the Scottish Ministers to refuse consent would have triggered a restriction under Article 4 of The Children and Young People (Scotland) Act 2014 (Commencement No. 2, Transitional and Transitory Provisions) Order 2014 ( SSI No. 165). However, no decision to refuse consent was taken by the Scottish Ministers in this period.
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